[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 11-12-2002 by L.L. No. 9-2002.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former
Ch. 135, Garbage, Rubbish and Refuse, which consisted of Art. I, Garbage
Receptacles, adopted 1-17-1985 by L.L. No. 1-1985, as amended.
A.Â
When not inconsistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
B.Â
ALUMINUM CANS
ASHES
BULKY METALS
BULKY WASTE
COMMINGLED PAPER
COMMINGLED PLASTICS AND METALS
CURBSIDE
DEMOLITION DEBRIS
FALL LEAVES
GARBAGE
GLASS BOTTLES
MUNICIPALLY COLLECTED SOLID WASTE
NEWSPRINT
PERSON
PUTRESCIBLE
RECYCLABLES
REFUSE
RUBBISH
YARD ORGANICS
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
Containers fabricated of aluminum and commonly used for soda,
beer or other beverages.
The residue from burning of wood or other combustible materials.
Stoves, refrigerators, dishwashers, dryers, washing machines,
air-conditioning units, boilers, freezers, water tanks, lawn mowers,
metal duct work, aluminum siding, metal window and door frames and
other large metal appliances.
Beds, mattresses, chairs, tables, wood, windows, linoleum,
furniture and other large items not otherwise defined.
Newsprint, magazines, junk mail, phone books, corrugated
cardboard, brown paper bags, and other similar unsoiled paper products.
Aluminum cans, metal food containers, all plastics coded
with any number between 1 and 7 commonly used for food, beverages,
detergents, household cleaners and shampoo.
[Amended 7-10-2012 by L.L. No. 5-2012]
The area abutting a roadway that is within five feet of the
curb (or if no curb, the edge of the property adjacent to the roadway).
A curbside area may be within the apron of a resident's driveway if
no other useable curbside space is available. "Curbside" does not
include any area within a public or private roadway, including any
portion of the roadway used for vehicle parking or as a bicycle lane.
Concrete, masonry, wood, plaster, aluminum or other siding
material, wire, asphalt, ceramics, tiles, sheetrock, roofing material,
stones, bricks, clay pipe, concrete pipe and any other by-product
of a new construction activity, renovation and rebuilding or other
modification to a house, appurtenances and grounds.
Leaves that are loosely placed at the curb in windrows from
October 1 through December 15 of each year.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food, and readily
combustible material such as paper, cardboard, wood, excelsior, cloth,
food cans, glass food containers and bottles to the extent they are
not covered by the term "recyclables."
Transparent or translucent jars, bottles and containers that
are primarily used for packaging and bottling of various products.
Household waste and other waste materials routinely produced
in a household and used household items. This material shall not include
other materials defined as bulky metals, bulky wastes, demolition
debris, recyclables, and yard organics.
The common, inexpensive machine-finished paper made chiefly
from wood pulp used for newspapers. This term excludes glossy newspaper
inserts, books and magazines as well as other paper products.
Any person, employee, servant, agent, firm, partnership,
association, corporation, company or organization or entity of any
kind.
Becoming rotten; decaying.
All plastics coded with any number between 1 through 7, corrugated
cardboard, brown paper bags and such other materials for which separate
recycling collection is provided by the Village.
[Amended 7-10-2012 by L.L. No. 5-2012]
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish and ashes.
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as yard organics,
metals, wood, glass bottles, bedding, crockery and similar materials.
Grass clippings, leaves, branches and other like organic
garden materials generated from a residential property. Excluded are
tree trunks, root systems, tree stumps, logs, and other large growing
vegetation.
It shall be the duty of every person having
the management or control of or occupying any land or building to
provide, for the exclusive use of such land or building or part thereof,
sufficient receptacles to hold garbage, recyclables and rubbish ordinarily
accumulated by the occupants of such land or building, each in separate
receptacles, and to allocate an area not visible from the street for
storage of such receptacles in the interval between regular collections.
Every person in possession or responsible for
premises used for residential purposes shall prepare and segregate
all material intended for collection by the Village or by a contractor
hired by it, as follows:
A.Â
Municipally collected solid waste shall be placed
in watertight metal or plastic containers having a capacity not to
exceed 30 gallons, with tight-fitting metal or plastic covers. The
filled weight of any such container shall not exceed 50 pounds. No
portion of any such container shall be located below the surrounding
grade level, except as specifically permitted in writing by the Village.
B.Â
Bulky wastes and bulky metals, which are not self-contained,
shall be placed in suitable containers so as to prevent scattering
or, if too large, shall be securely bundled, tied and packed so as
to be easily handled. Such bundles shall not weigh more than 50 pounds
and shall not exceed three feet in any dimension.
C.Â
Recyclables for which separate collection is provided
shall be separated from other municipally collected sold waste. Commingled
glass bottles, plastics and metals shall be separated from commingled
paper. All commingled glass bottles, plastics and metals shall be
placed in a container available for purchase at Village Hall ("blue
bin") and the blue bin shall be placed at the curb and be readily
accessible to a collection vehicle. All commingled paper shall be
placed in an open container (such as a separate blue bin) or in brown
paper bags, and the container and/or brown paper bags shall be placed
at the curb and be readily accessible to a collection vehicle. Recyclables
are not permitted to be placed in plastic bags. Newsprint or cardboard
used to wrap solid waste and contaminated newsprint or cardboard shall
not be included in such recyclables and shall be disposed of with
household waste. Collection of recyclables shall be made in accordance
with rules promulgated by the Village Department of Public Works and
the County of Westchester.
[Amended 7-10-2012 by L.L. No. 5-2012]
D.Â
Yard organics shall be separated from other municipally
collected solid waste. Yard organics shall be placed at the curb and
readily accessible to a refuse collection vehicle. Except for fall
leaf collections, yard organics shall be placed in biodegradable paper
bags or open metal or plastic containers for collection in accordance
with rules promulgated by the Village Department of Public Works and
the County of Westchester.
(1)Â
Leaves shall be bagged or placed in open containers
separate from other yard organics.
(2)Â
Branches not exceeding four inches in diameter shall
be placed in open metal or plastic containers or tied in bundles no
longer than three feet in length and no larger than 18 inches in diameter
and not exceeding 50 pounds in weight for collection with yard organics.
(3)Â
Fall leaves shall be placed at the curb in windrows.
They shall not be placed in the street at any time.
[Amended 7-10-2012 by L.L. No. 5-2012]
Collection of municipally collected solid waste
shall begin at 6:00 a.m. All material intended for collection by the
Village or by a contractor hired by it shall be placed where it will
be readily accessible as follows:
A.Â
Collection of municipally collected solid waste from
residences shall be made not less than two days per week. The Village
or a contractor hired by it shall notify the public in advance, of
the schedule of days upon which municipally collected solid waste
shall be collected. The schedule shall specifically state any exceptions
to the regular schedule.
B.Â
Bulky metals and bulky wastes shall be placed at the
curb for collection in compliance with all provisions of this chapter
and shall be placed so that they are readily accessible to a refuse
collection vehicle.
C.Â
Recyclables, yard organics, bulky metals, and bulky
wastes shall be collected on a schedule determined by the Village
Board. The Village or a contractor hired by it shall notify the public,
in advance, of the schedule of day(s) upon which recyclables, yard
organics and bulky metals shall be collected. The schedule shall specifically
state any exceptions to the regular schedule.
D.Â
There will be no collection from residence where snow
and ice have not been cleared from access pathways or driveways.
E.Â
No material of any kind shall be placed at curbside
except municipally collected solid waste, bulky wastes, bulky metals,
recyclables, and yard organics in compliance with all provisions of
this chapter which shall be placed at curbside no earlier than 6:00
p.m. on the evening before the applicable curb pickup day. Any receptacles
or containers used to store such materials for collection shall be
removed from the curb no later than 12 hours after such collection.
F.Â
Municipally collected solid waste, recyclables, yard
organics, bulky metals, bulky wastes or any other refuse set out for
collection shall not be placed in the street or in a manner that obstructs
a sidewalk.
G.Â
If vehicles are required to enter private property
for the collection of refuse, such entry will be at the sole risk
of the property owner.
H.Â
Once the materials discussed in this section have
been set out for collection, it shall be unlawful and a violation
of this chapter for any person, without authority from the Village,
to collect, pick up, remove or cause to be collected, picked up or
removed any such materials.
A.Â
Each owner of such receptacles provided for the collection
of garbage and municipally collected solid waste shall ensure that
such receptacles are watertight, kept covered with a suitable cover
and maintained in a sanitary manner by periodic cleaning.
B.Â
Each owner of such receptacles provided for in this
chapter shall ensure that receptacles containing garbage or rubbish
shall be free of water or wetted materials.
C.Â
Any container that does not conform to the provisions
of this chapter or that may have ragged or sharp edges or any other
defect liable to hamper or injure the person collecting the contents
shall be promptly replaced upon notice.
D.Â
Neither the Village nor any contractor hired by it
shall pick up, nor shall any resident place for pickup, any wood over
four inches in diameter or over three feet long; tree stumps; tree
trunks; firewood; railroad ties; telephone poles; demolition, construction
or discarded debris, such as lumber, concrete, plaster, dirt, rock,
brick, asphalt or large wooden crates or boxes; stones or quantities
of sod; flammable or highly combustible matter, such as cleaning establishment
wastes or other industrial wastes found to contain varnish, paint,
thinners or other dangerous materials; sawdust; explosives; ammunition;
oil drums, either full or empty; cans or barrels containing combustible
liquids; rubber tires of any size; rubber wastes; pesticides; automotive
or similar batteries; tar paper roofing, tar cans; dead animals; medical
waste; or any hazardous waste as defined by Article 27 of the Environmental
Conservation Law and the regulations promulgated thereunder.
F.Â
The Village or any contractor hired by it shall not
pick up any material classified as toxic waste by 6 NYCRR 366, the
identification and listing of hazardous wastes pursuant to Article
27, Title 9 of the Environmental Conservation Law or any ensuing legislation
more restrictive than currently in force.
It shall be unlawful for any person to throw,
deposit or place or cause to be thrown, deposited or placed, in or
upon any street, sidewalk or other public place or any public property
or into any stream, canal or other watercourse or any waters within
the Village, automobiles, automobile bodies, ashes, bottles, boxes,
broken crockery, dead animals, excrement, filth, garbage, flammable
materials, junk, leaves, yard clippings, lumber, metal, offal, plaster,
putrescible substances, rags, shavings, shells, stones, straw, tin
cans, wood or any rubbish or waste of any kind or cause any obstruction
or injury thereto or nuisance therein.
A.Â
It shall be unlawful for any person to throw or deposit
or cause to be thrown or deposited into any drain, catch basin, sewer
or gutter within the Village any substance which may cause obstructions
or injury thereto, or nuisance therein.
B.Â
It shall be unlawful for any person to divert or stop
the flow of any drain, catch basin, sewer or gutter within the Village.
C.Â
It shall be unlawful to connect into any drain, catch
basin, sewer or gutter within the Village without the written permission
of the Superintendent of Public Works/Village Engineer.
[Amended 10-27-2020 by L.L. No. 9-2020]
A.Â
The Village Police Department, the Village Code Enforcement
Officer(s), the Superintendent of Public Works/Village Engineer and
the Village Building Inspector are hereby empowered to enforce the
prohibitions and regulations set forth in this chapter.
[Amended 10-27-2020 by L.L. No. 9-2020]
B.Â
Any person violating any of the provisions of this
chapter, upon conviction, shall be subject to a fine of $25 for a
first offense. Each such subsequent offense shall be punishable by
a fine not to exceed $100 per offense. Every day, or part thereof,
that such violation shall continue shall be deemed to be a separate
and distinct violation of the provisions of this chapter.