[HISTORY: Adopted by the Town Board of the Town of Greenport as indicated
in article histories. Amendments noted where applicable.]
[Adopted 2-1-1989 by L.L.
No. 1-1989[1]]
[1]
Editor's Note: This local law superseded former Ch. 72, Garbage, Rubbish
and Refuse, adopted 7-1-1970 by L.L. No. 1-1970, as amended.
For the purposes of this article, the following terms shall have the
meanings stated in this section:
Pure aluminum in any form, including but not limited to cans, cooking
utensils, aluminum foil and lawn furniture.
The container to be used for placement of recyclable materials for
collection by the District. "Blue box" shall refer to the container available
from the Town of Greenport, as well as any other container approved for such
use by regulation of the Supervisor.
Tree branches not exceeding two inches in diameter, twigs and shrub
and hedge clippings.
Large items and materials, including furniture (other than aluminum
yard furniture), house furnishings and large appliances, such as refrigerators,
stoves, washing machines and clothes dryers, and automobile or other motor
vehicle tires.
Grass, leaves and waste plant and dirt materials from vegetable and
flower gardens, lawns and yards, and brush.
Cardboard shipping containers.
The Solid Waste District of the Town of Greenport.
Waste generated by any industrial process or operation.
Newsprint. It does not include glossy magazines or materials.
One or more individuals; any partnership, corporation, firm, association,
trust, estate or governmental entity; and any other entity whatsoever.
Clear (flint), green and brown glass bottles, jugs and jars; aluminum,
copper, stainless steel and brass; newspapers; corrugated cardboard; tin cans;
and high-density polyethylene (HDPE) containers, such as those used for milk,
oil, detergents, apple cider, etc. Recyclable materials does not include plate
glass, broken glass, window glass or any other type of glass not specified
in this definition nor recyclable materials unsuitable for recycling because
of secondary household use.
The rubbish, recyclable materials and collectible yard wastes resulting
from the normal, day-to-day operation of a household or business. Refuse may
be generated by a household, a business establishment or a public or quasipublic
facility. Refuse does not include rubble, bulk items, industrial waste or
any other material not covered under this definition.
Food wastes, including but not limited to table cleanings, fruit,
vegetable and animal parings and scraps, decaying or spoiled vegetable, animal
and fruit matter and fallen fruit; any paper, plastic, cardboard or other
material used to wrap, cover or contain food, other than certain HDPE or glass
containers defined in this section as "recyclable materials," and any other
household waste resulting from the use, consumption and preparation of food;
metal (other than pure aluminum, copper, stainless steel or brass); and miscellaneous
waste material, including rags, drugs, health aids and materials, sweepings,
excelsior, rubber, leather, cloth, clothing, magazines, paper (other than
newspapers), waste materials from normal maintenance and repair activities,
pasteboard, crockery, shells, dirt, filth, ashes, wood, glass (other than
certain glass bottles, jugs and jars defined in this section as "recyclable
wastes"); brick and any other similar waste material. Rubbish does not include
recyclable materials, bulk items, rubble or any other material not covered
under this definition.
Waste material typically resulting from construction, demolition
and major renovation activities, including but not limited to waste cement,
concrete, masonry, bricks, tiles, sheetrock, plaster, shingles, lumber, telephone
poles, railroad ties, wooden pallets, doors and door frames, windows and window
frames and any similar material.
The Supervisor of the Town of Greenport.
A.
The District shall be responsible for collecting on a
regular basis only those waste materials that constitute refuse.
B.
The District shall also be responsible for collecting
any additional waste materials that the Supervisor may announce will be collected
on particular days or during particular time periods. These additional waste
materials may include, for example, bulk items, trees, tree stumps and large
branches. The District shall be responsible for collecting any such additional
waste materials only on the days or during the time periods announced by the
Supervisor.
C.
The District shall not be responsible for collecting
any waste materials that have been placed or prepared in ways that do not
comply with all the provisions of this article. In particular, the District
shall not be responsible for collecting waste materials consisting of recyclable
and nonrecyclable materials mixed together or recyclable materials which have
not been placed or prepared in accord with this article.
A.
No person shall place any waste materials at or near
any curb, sidewalk, alley or street for purposes of collection by the District
other than the following:
B.
No person shall place any rubbish at or near any curb,
sidewalk or street for purposes of collection by the District unless that
person complies with the following requirements:
(1)
Each person shall provide and utilize disposable plastic
bags for disposal of rubbish. Any such bag shall be at least 1.5 mils thick
and sufficiently strong to contain the materials enclosed. When filled, each
such bag shall be securely tied and weigh no more than 30 pounds.
(2)
Each person may utilize separate containers for disposal
of bagged rubbish. Any such container shall be made of metal, plastic or other
suitable material, shall have tight-fitting covers, shall have handles on
the top and sides and shall be shaped so that all materials flow freely when
the container is dumped. No such container shall exceed 32 gallons in capacity;
and, when filled, no such container shall weigh more than 30 pounds.
(3)
Each bag of rubbish placed for collection shall be free
of recyclable materials and other materials not covered under the definition
of "rubbish."
C.
No person shall place any collectible yard wastes at
or near any curb, sidewalk or street for purposes of collection by the District
unless that person complies with the following requirements:
(1)
For purposes of disposing of collectible yard waste other than brush, each person shall provide and utilize plastic bags that meet the requirements of Subsection B(1) of this section.
(2)
Each person shall securely tie brush in bundles, with
no individual bundle exceeding 48 inches in length or 30 pounds in weight.
No person shall put out more than two much bundles of brush for any one collection
by the District.
D.
No person shall place any recyclable materials at or
near any curb, sidewalk or street for purposes of collection by the District
unless that person satisfies the following requirements:
(1)
Recyclable materials shall be placed separately from
other refuse placed for collection by the District.
(2)
Newspapers shall be piled and securely tied in bundles,
with no individual bundle weighing more than 30 pounds; or newspapers shall
be placed in paper bags strong enough to contain them.
(3)
Newspapers shall not contain magazines, glossy advertising
material frequently inserted in newspapers or any other waste type of paper.
(4)
Newspapers shall be kept dry by appropriate means until
they are collected by the District.
(5)
Glass bottles, jugs and jars shall be rinsed of original
contents and shall have all neck rings, foil or other metal removed. Paper
labels may be left on bottles, jugs and jars.
(6)
Tin cans and HDPE containers shall be rinsed of original
contents. Paper labels may be left on such containers.
(7)
Recyclable glass, tin cans and HDPE containers shall
be placed in one or more blue boxes.
(8)
All recyclable aluminum, copper, stainless steel and
brass shall be pure and clean. Items consisting of mixed or composite metals
are not recyclable. Any fabric on lawn furniture shall be removed before the
aluminum is placed for recycling. Recyclable metals shall be placed in one
or more blue boxes for collection.
(9)
Corrugated cardboard shall be flattened, folded and securely
tied in bundles no larger than 36 inches by 36 inches in size and weighing
no more than 30 pounds.
(10)
Corrugated cardboard shall be kept dry by appropriate
means until it is collected by the District.
(11)
Newspaper and corrugated cardboard shall not be mixed
together and shall be placed adjacent to or on top of the blue box for collection.
(12)
Glass, tin cans, HDPE containers, aluminum and other
recyclable metals may be placed, unsorted, in one or more blue boxes for collection.
(13)
No materials other than recyclable materials prepared
in accordance with this section shall be placed in a blue box for collection.
E.
When the Supervisor has announced that waste materials
other than refuse will be collected on particular days or during particular
periods, any person placing such waste materials at or near any curb, sidewalk
or street for purposes of collection by the District shall comply with the
following:
(1)
The waste material shall be of the type announced by
the Supervisor.
(2)
The waste material shall be placed for collection at
the times specified by the Supervisor.
(3)
The waste material shall be collected, bound, contained,
placed or otherwise treated in the manner specified by the Supervisor.
F.
Refuse, as well as any other waste material that the
Supervisor announces will be collected, shall be placed for collection by
the District at or near a curb, sidewalk, alley or street after 7:00 p.m.
on the day before that designated for collection. There will be no callbacks
to collect refuse or any other wastes that are placed for collection after
7:30 a.m. on the designated collection day.
G.
No person shall place any waste material at or near any
curb, sidewalk or street other than the curb, sidewalk or street immediately
in front of the property from which such waste material was generated.
H.
The placement of any waste material at or near any curb,
sidewalk or street, other than in compliance with the provisions of this section,
shall constitute a violation of this article.
[Added 2-2-1994 by L.L. No.
1-1994]
A.
Prior to collection and removal of refuse from any property
as provided or permitted by this article, all refuse shall be stored:
(1)
Inside a building, garage, shed or other structure;
(2)
At a one- or two-family residence, outdoors in closed
bags or refuse containers with tight-fitting lids; or
(3)
At other than a one- or two-family residence, including
all commercial facilities, in closed bags or refuse containers with tight-fitting
lids stored in an enclosed area which complies with the following requirements:
(a)
The area shall be enclosed on all four sides by a fence
and/or walls of a structure.
(b)
The height of the enclosure shall at all points exceed
the height of the refuse containers stored therein by at least six inches.
(c)
The bottom of the enclosure shall at all points have
not more than two inches of clearance to the ground.
(d)
The enclosure shall have no vertical or horizontal openings
greater than 3 1/2 inches.
B.
All refuse shall be stored in closed plastic bags or
metal, plastic or rubber containers, including but not limited to garbage
cans, trash bins and dumpsters, appropriately secured or covered so as to
prevent litter and to minimize attraction of animals, rodents, vermin or other
pests.
C.
The requirements of this section as to storage of refuse
shall not apply to any bags or containers of refuse placed outdoors for a
period not exceeding 12 continuous hours for the purpose of removal and disposal
of the refuse in such containers.
D.
The storage of any refuse other than in compliance with
the requirements of this section shall constitute a violation of this article.
All empty refuse containers and any other empty waste containers shall
be removed from the curb, sidewalk, alley or street where they have been placed
as soon as possible after collection by the District and, in any event, no
later than 6:00 p.m. on the same day as collection. Empty refuse containers
or other empty waste containers remaining at or near the curb, sidewalk or
street on the day after collection may be picked up and disposed of by the
District.
Where the District has not collected certain refuse and/or waste material
because those materials were not placed or prepared in accord with the provisions
of this article, the person who placed such materials for collection or the
owner of the real property adjoining the curb, sidewalk, street or alley where
such waste materials were placed shall remove those wastes from that location
as soon as possible after the District has refused collection and, in any
event, by 6:00 p.m. of the designated collection day. The failure to remove
any uncollected waste material by 6:00 p.m. of the designated collection day
shall constitute a violation of this article.
A.
Whenever a person places refuse or other waste material
at or near a curb, sidewalk, alley or street for collection by the District
without complying with all the provisions of this article or fails to comply
with Section 93.5, the District may do either of the following:
(1)
The District may choose not to collect the refuse or
other waste material. In such a case the District shall affix a notice to
the waste material which gives the reason why the District did not collect
that material. The District may also notify the property owner of the property
from which such uncollected waste material was generated why the District
did not collect that material. That notice shall be either verbal or written,
as the District determines is appropriate, and shall be provided as soon as
feasible after the District refuses to collect that material; or
(2)
The District may collect the refuse or other waste material,
notwithstanding the fact that it does not comply with the provisions of this
article. In such cases, effective March 1, 1989, the District shall assess
a special service charge against the owner of the property from which such
waste material was generated. Such special service charge shall be in the
amount of $15, plus $5 for each bag of waste material removed by the District.
Special service charges shall be accumulated and shall be billed semiannually
with the water bills of the Town of Greenport. Any person subject to such
charges may request a hearing within 15 days after the date of the bill for
such charges. All hearings shall be on a date and time and at a place determined
by the Supervisor. The hearing shall be informal and held before the Supervisor
or his designee. The decision of the Supervisor shall be final. Any service
charges not paid by the due date or within 30 days after the Supervisor's
decision shall become a lien upon the real property, superior to any other
lien or claim except the lien of an existing tax assessment or charge imposed
by the Town of Greenport.
B.
Whenever refuse or other waste material has been placed for collection by the District after 7:30 a.m. on the day of collection, the District may, in its own discretion, determine to respond positively or negatively to a request by the property owner of the property from which such waste was generated that the District return to such property and collect that waste material. When the District agrees to return to the property and collect that material, it shall assess a special service charge against that property owner in accord with Subsection A(2) of this section.
From the time any person places any properly prepared recyclable materials
at or near any curb, sidewalk, alley or street for purposes of collection
by the District, those recyclable materials shall become and be the property
of the Town of Greenport or its authorized agent. No person who is not acting
under authority of the Town or its authorized agent shall collect, pick up,
remove or cause to be collected, picked up or removed any recyclable materials
so placed for collection. Each such unauthorized collection, pick up or removal
shall constitute a separate violation of this article.
Nothing in this article shall be deemed to prevent any person from entering
into a contractual agreement with a private waste hauler for the removal of
refuse and other waste materials generated by that person or at property owned
by that person.
The Supervisor is authorized to establish an appropriate mechanism for
selling or facilitating the sale or distribution of blue boxes for recyclable
materials.
[Added 10-2-1996 by L.L. No. 5-1996[1]]
A.
Outdoor burning of refuse, rubbish, garbage, trash, junk
or waste materials of any kind, including but not limited to paper and paper
products; rags; trees or leaves, needles and branches therefrom; vines; lawn
and garden debris; household waste; cartons; wood; sawdust and demolition
materials; incinerator residue; street sweepings; dead animals; offal; liquid
waste material; furniture; cans; crockery; plastics; chemicals; paint; petroleum
products; tires; and vehicles or parts thereof, shall not be permitted within
200 feet of any property line in the Town of Greenport.
B.
Outdoor burning shall mean and include any outdoor fire
or outdoor smoke-producing process from which air contaminants are emitted
directly into the outdoor atmosphere.
C.
Burning for the following purposes shall not be construed
to violate this section: fireplaces, woodburning stoves, barbecue grills,
and commercial incinerators for which the required approvals have been obtained.
D.
Fines.
(1)
Any person or entity committing an offense against this
section, as well as the owner and any occupant of the property in question,
shall be guilty of a violation of this chapter and shall be subject to a fine
of not less than $100 nor more than $250 per offense, which shall be enforceable
by action brought by the Town.
(2)
Each day such offense continues shall constitute a separate
and distinct offense hereunder.
E.
In addition, or as an alternative to the above-provided
fine, the Town Board may maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with, or to
restrain by injunction, the violation of this section. In any such proceeding,
the property owner or occupant, if a violation of this section is found to
have occurred, shall be responsible for paying the Town's attorneys' fees.
F.
In any action taken to enforce this section, it shall
he presumed that the owner and any occupant of the property upon which the
burning takes place shall have knowledge of and shall have consented to any
burning activity.
The Supervisor shall have authority to adopt whatever regulations are
consistent with this article and to continue to enforce any existing regulations
that are consistent with this article.
The Town Board of the Town of Greenport may, by resolution, impose fees
for the collection of any refuse (other than recyclable materials), rubble,
bulk items or industrial waste. After any such fees are imposed, the manner
of implementation and collection shall be by regulation of the Supervisor
not inconsistent with the terms of the resolution imposing such fees.
A.
Any person who commits a violation of this article shall
be punished as follows: by imprisonment for a term not exceeding 15 days or
by a fine not exceeding $250, or by both such fine and imprisonment.
B.
Each commission of a single act shall constitute a separate
violation of this article, and each day of such violation shall constitute
a separate offense, which may be punished and prosecuted as such.
