Village of Rye Brook, NY Chapter 135 Garbage, Rubbish and Refuse

[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.]

GENERAL REFERENCES

Littering — See Ch. 149.

Property maintenance — See Ch. 186.

[1] Editor's Note: This local law superseded former Ch. 135, Garbage, Rubbish and Refuse, which consisted of Art.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.

§ 135-1 Definitions and word usage.

A. 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. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

ALUMINUM CANS

Containers fabricated of aluminum and commonly used for soda, beer or other beverages.

ASHES

The residue from burning of wood or other combustible materials.

BULKY METALS

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.

BULKY WASTE

Beds, mattresses, chairs, tables, wood, windows, linoleum, furniture and other large items not otherwise defined.

COMMINGLED PAPER

Newsprint, magazines, junk mail, phone books, corrugated cardboard, brown paper bags, and other similar unsoiled paper products.

COMMINGLED PLASTICS AND METALS

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]

CURBSIDE

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.

DEMOLITION DEBRIS

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.

FALL LEAVES

Leaves that are loosely placed at the curb in windrows from October 1 through December 15 of each year.

GARBAGE

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."

GLASS BOTTLES

Transparent or translucent jars, bottles and containers that are primarily used for packaging and bottling of various products.

MUNICIPALLY COLLECTED SOLID WASTE

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.

NEWSPRINT

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.

PERSON

Any person, employee, servant, agent, firm, partnership, association, corporation, company or organization or entity of any kind.

PUTRESCIBLE

Becoming rotten; decaying.

RECYCLABLES

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]

REFUSE

All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish and ashes.

RUBBISH

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.

YARD ORGANICS

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.

§ 135-2 Receptacles and storage area required.

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.

§ 135-3 Preparation of wastes for collection.

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. 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. 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. 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. 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) Leaves shall be bagged or placed in open containers separate from other yard organics.

(2) 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) Fall leaves shall be placed at the curb in windrows. They shall not be placed in the street at any time.

§ 135-4 Collection procedures.

[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. 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. 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. 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. There will be no collection from residence where snow and ice have not been cleared from access pathways or driveways.

E. 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. 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. 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. 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.

§ 135-5 Receptacle standards; limitations on collections and acceptable wastes.

A. 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. 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. 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. 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.

E. The Village or any contractor hired by it shall not pick up from any one residence during any collection more than:

(1) Two thirty-gallon containers of garbage or municipally collected solid waste, or the equivalent thereof.

(2) Two cubic yards of bulky waste, except by special arrangements.

F. 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.

§ 135-6 Dumping in streets or streams.

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.

§ 135-7 Obstructing and connecting to sewers and drains.

A. 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. 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. 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]

§ 135-8 Enforcement, penalties for offenses and fees.

A. 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. 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.

C. Any person placing bulky metals or bulky waste at curbside for collection in excess of the amount provided for in § 135-3 shall be charged a fee as established by resolution of the Board of Trustees.