[HISTORY: Adopted by the Board of Trustees of the Village of Mount Kisco 4-2-1962 as Ch. 6 of the 1962 Code. Section 69-11 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- BUSINESS ESTABLISHMENTS
- Stores or offices for the sale of food, clothing or other
bodily needs or comforts or for the sale of merchandise of any nature,
sort or description or for the rendering or furnishing of personal
services, including a club or restaurant.[Amended 8-24-1992 by L.L. No. 8-1992]
- COMBUSTIBLE REFUSE
- Only animal and vegetable food waste, paper, rags, clothing, small items of solid burnable material accumulating or resulting from ordinary use or occupancy of buildings. It shall not mean garden refuse, trees or branches, dead animals or fowl, commercial waste from business or industrial establishments or construction debris.
- COMMERCIAL WASTE
- Straw, packing paper, boxes, cartons and scraps and waste of any nature, sort or description resulting from any manufacturing process.
- Any person, excluding municipalities, the county and any
county district, including but not limited to Refuse Disposal District
No. l and all county sewer and water districts, who, for a fee or
other consideration, collects, stores, transfers, transports or disposes
of solid waste, recyclables or construction and demolition debris
that is generated or originated within the county or brought within
the boundaries of the county for disposal, storage, transfer or processing.[Amended 8-24-1992 by L.L. No. 8-1992]
- INDEPENDENT CARTER
- A person, partnership, corporation or other such entity,
other than the Village/Town of Mount Kisco, engaged in the business
of the collection and removal of solid waste.[Added 8-24-1981 by L.L. No. 6-1981; amended 8-24-1992 by L.L. No. 8-1992]
- INDUSTRIAL ESTABLISHMENT
- A building or structure or any part thereof used for manufacturing,
fabrication or storage or for the conduct of any business not included
in the definition of "business establishments."[Amended 8-24-1992 by L.L. No. 8-1992]
- NONCOMBUSTIBLE REFUSE
- Only bottles, tin cans, nonburnable food containers, ashes and small items of solid nonburnable material accumulating or resulting from ordinary use and occupancy of buildings. It shall not include construction debris, trees or branches, furniture or appliances.
- NONRESIDENTIAL WASTE GENERATOR
- All waste generators other than residential waste generators.[Added 8-24-1992 by L.L. No. 8-1992]
- Any individual, firm, company, association, society, corporation,
partnership, copartnership, joint-stock company, trust, estate, governmental
entity or any other legal entity or legal representatives, agents
or assigns. The masculine gender shall include the feminine, and the
singular shall include the plural, where indicated by context.[Added 8-24-1992 by L.L. No. 8-1992]
- Any item defined herein as a Class A residential recyclable
or Class B nonresidential recyclable:[Added 8-24-1992 by L.L. No. 8-1992]
- A. CLASS A RESIDENTIAL RECYCLABLES:
- B. CLASS B NONRESIDENTIAL RECYCLABLES:
- RECYCLABLES BROKER
- Any person, other than the Village/Town of Mount Kisco, the
County of Westchester and any county district, including but not limited
to Refuse Disposal District No. 1 and all county sewer and water districts,
who, for a fee or other consideration, collects, picks up, separates,
processes, markets, transports, stores or otherwise handles recyclables
exclusively, if those recyclables were generated or originated within
the county or brought within the boundaries of the county for disposal,
storage, transfer or processing, excluding those persons who are required
to accept beverage containers under § 27-1007 of the New
York State Environmental Conservation Law or persons who redeem containers
under said law, and those persons who are required to accept used
motor oil and vehicular batteries free of charge for recycling under
applicable state law, provided that this exclusion shall only apply
to the aforementioned activities which are governed by state law.
A recyclables broker may collect, separate, process, store, transport
or otherwise handle solid waste contaminants that are collected with
recyclables, provided that the recyclables broker has taken reasonable
precautions to prevent the introduction of such contaminants.[Added 8-24-1992 by L.L. No. 8-1992]
- Any method, technique or process utilized to separate, process,
modify, convert, treat or otherwise prepare solid waste so that its
component material or substances may be beneficially used or reused.[Added 8-24-1992 by L.L. No. 8-1992]
- Anything putrescible or nonputrescible that is discarded
or rejected as useless or worthless.[Added 8-24-1992 by L.L. No. 8-1992]
- RESIDENTIAL WASTE GENERATOR
- A waste generator who resides in a single or multifamily
dwelling, whose waste is generated from household functions such as
cooking, cleaning, etc.[Added 8-24-1992 by L.L. No. 8-1992]
- SOLID WASTE
- All putrescible and nonputrescible material or substances,
except as described in paragraph 4 of 6 NYCRR Part 360-1.2(a) and/or
regulated under 6 NYCRR Part 364, that are discarded or rejected as
being spent, useless, worthless or in excess to their owners at the
time of such discard or rejection, including but not limited to garbage,
refuse, commercial waste, rubbish, ashes, incinerator residue and
construction and demolition debris. For purposes of this chapter,
the term "solid waste" shall not be understood to include recyclables
as defined in this chapter.[Added 8-24-1992 by L.L. No. 8-1992]
- SOURCE SEPARATION
- The segregation of recyclables from solid waste at the point
of generation for separate collection, sale or other disposition.[Added 8-24-1992 by L.L. No. 8-1992]
- WASTE GENERATOR
- Any person who produces or is responsible for solid waste
or recyclables in Westchester County requiring disposal.[Added 8-24-1992 by L.L. No. 8-1992]
[Amended 9-20-1965; 8-24-1981 by L.L. No. 6-1981; 8-24-1992 by L.L. No. 8-1992]
Every waste generator in the Village/Town of Mount Kisco shall be responsible for the source separation of solid waste and recyclables at the point of generation. Residential waste generators shall source-separate Class A residential recyclables as that term is defined in § 69-1 of this chapter. Nonresidential waste generators shall source-separate Class B nonresidential recyclables as that term is defined in § 69-1 of this chapter.
Each waste generator shall provide for the removal of those separated recyclables which the waste generator is required to source-separate pursuant to Subsection A of this section from the property on which they are generated either through service provided by the Village/Town of Mount Kisco in accordance with this chapter, by a hauler or recyclables broker or by taking these materials directly to a recyclables transfer, storage or processing location. Used motor oil shall be delivered by private individuals to service stations required to accept this material free of charge in accordance with § 23-2307 of the New York State Environmental Conservation Law. Used vehicular batteries shall be delivered by private individuals to retailers who sell such batteries and who are required to accept such batteries for recycling free of charge in accordance with § 27-1701 of the New York State Environmental Conservation Law or to scrap recycling facilities which accept this type of used battery for recycling.
Each waste generator shall be required to prepare those recyclables which the waste generator is required to source-separate pursuant to Subsection A of this section in the manner prescribed in the Rules and Regulations for Collection of Solid Waste and Recyclables promulgated by the Village Manager in accordance with this chapter or, if such collection services are provided by a hauler or recyclables broker, then according to the directions of the hauler or recyclables dealer. A waste generator who delivers such materials directly to a recyclables transfer, storage or processing facility shall prepare the material in the manner prescribed by such facility.
Each waste generator shall place the recyclables or cause them to be placed in the location designated for recyclables collection by the Village/Town of Mount Kisco at the time designated for the collection of recyclables. The Village Manager shall establish in the rules and regulations adopted pursuant to this chapter for the maximum time in advance of the scheduled collection that each category of recyclables may be placed at the designated location.
The owner of each multitenant building shall provide appropriate containers to hold source-separated materials for the entire building separate from the containers where the building's solid waste is stored and an educational program for the residents of the building on the manner in which source-separated materials are to be prepared for collection. For purposes of this section, the owner of a condominium or homeowner's association community which constitutes a multitenant building as that term is defined in § 69-1 of this chapter shall be the Board of Managers of the condominium or the Board of Directors of the homeowner's association, as the case may be.
Nothing in this chapter shall be construed to prohibit private composting of garden and yard waste by a private generator on the waste generator's own property.
Any waste generator who is determined to be exempt from source separation requirements by the Commissioner of Environmental Facilities of the County of Westchester pursuant to § 825.40(7) of the Code of the County of Westchester shall be exempt from the requirements of this section.
[Amended 9-20-1965; 8-24-1981 by L.L. No. 6-1981; 8-24-1992 by L.L. No. 8-1992]
The owner, tenant, lessee, occupant or person in charge of each premises in the Village/Town of Mount Kisco shall keep and maintain sufficient receptacles of metal or other durable material for the removal of solid waste and recyclables. Solid waste receptacles shall not be used to hold recyclables and recyclables receptacles shall not be used to hold solid waste. Each recyclables receptacle shall be clearly marked as such on the outside thereof. The placing of wet refuse or ashes in pasteboard or wooden boxes, bushels or cartons is prohibited, except that newspapers shall be placed in brown paper bags and shall not be bundled with rope or string or other such materials.
Solid waste shall be removed from each property by the Village collector once each week and recyclables shall be removed from each property by the Village collector once each week. However, pursuant to § 69-4, the Village Manager shall have the authority to promulgate rules and regulations allowing for a change in the schedule and frequency of solid waste and recyclables collection. Yard waste shall be collected in accordance with rules and regulations promulgated by the Village Manager pursuant to § 69-4 of this Code. At each such collection the Village collector shall remove not more than three thirty-gallon receptacles of solid waste per commercial property per week, and not more than three thirty-gallon receptacles of recyclables per commercial property per week. Except as provided in Subsection E of this section, no receptacle weighing, together with its contents, more than 50 pounds shall be collected.
[Amended 4-26-1993 by L.L. No. 2-1993; 11-1-2010 by L.L. No. 2-2010]
The commingling of solid waste and recyclables is prohibited. No solid waste receptacle which also contains recyclables shall be collected. No recyclables receptacle which also contains solid waste shall be collected.
Editor’s Note: Former Subsection D. regarding items not collected by the Village/Town of Mount Kisco, as amended, was repealed 11-1-2010 by L.L. No. 2-2010.
In lieu of separate receptacles for each dwelling unit, a multitenant residential building may provide bulk refuse containers for the storage and disposal of recyclables and solid waste, provided that:
Separate containers are provided for recyclables and solid waste, as required by § 69-2E of this chapter.
Each recyclables container is distinctly labeled as such on the outside thereof.
Such containers are verminproof and shall be capable of being completely closed.
Such containers shall be maintained in a location which has been approved by the Village Manager and the Building Inspector.
Each such container bears a conspicuous sign stating that the container is for the use of residents of the multitenant residential building only.
Each such container shall be maintained in a state of sufficient cleanliness so as to prevent the generation of noxious and malodorous gases and fumes.
No such container shall be so filled with recyclables or solid waste that the cover cannot be properly closed.
Solid waste receptacles shall be placed by each owner, tenant, lessee, occupant or person in charge of each premises in the Village/Town of Mount Kisco at one central location at the rear of the building on such premises or as close thereto as the physical layout of such premises may permit, which such place shall be readily accessible to the Village collector, before 6:00 a.m. on the day when collection shall be made; provided, however, that if because of the physical location of such premises the central location is at the front thereof, then such solid waste receptacles may be placed at such location not earlier than 6:00 a.m. on the date of collection and shall be placed by 7:00 a.m. on such date. The Village Manager shall have the authority to promulgate rules and regulations concerning the placement of recyclables.
[Amended 11-1-2010 by L.L. No. 2-2010]
[Amended 9-20-1965; 8-24-1992 by L.L. No. 8-1992]
The Village Manager shall promulgate rules and regulations not inconsistent herewith for the collection of solid waste and recyclables. Any violation of such rules and regulations shall be punishable as provided for offenses against this chapter.
Accumulation of any refuse resulting from the failure of the owner, tenant, lessee, occupant or person in charge of a building to take advantage of regular collection service and any refuse or commercial waste not required to be removed by the Village collector shall be removed at the expense of the person concerned and not by the Village collector.
[Amended 8-24-1992 by L.L. No. 8-1992]
Independent carters shall provide suitable vehicles for the removal of all solid waste and recyclables. All such vehicles shall be of such construction that the solid waste or recyclables being removed shall not leak, drop or fall therefrom, and such vehicles shall be properly covered after being loaded before being driven through the Village.
All collections by an independent carter shall be restricted to the hours of 7:00 a.m. through 6:00 p.m., Monday through Saturday.
[Amended 8-24-1981 by L.L. No. 6-1981; 9-1-1987 by L.L. No. 7-1987]
No person shall throw, deposit or allow, permit or cause to be thrown or deposited any refuse, garbage, debris, junk, discarded or abandoned appliance, boat or motor vehicle or parts thereof or any other impure or waste materials on or about any private or public property within the Village.
No unauthorized person shall deposit refuse, garbage or other solid waste material in a container utilized by an owner or occupier of property within the Village. No person shall deposit refuse, garbage, litter or other solid waste material in a container utilized for recycling purposes in any location within the Village.
Notwithstanding the aforesaid, the retention of refuse, debris, junk, discarded or abandoned appliances, boats and motor vehicles or parts thereof shall be permitted for a period not exceeding 10 days while awaiting removal, provided that the aforesaid matter is placed in receptacles or is fully enclosed by a building or fence so that it cannot be seen by the public, and further provided that all health, fire and other rules, regulations and laws are complied with; and the retention of garbage or other putrescible waste shall be permitted for a period not exceeding five days while awaiting removal, provided that such garbage or other waste is placed in containers designed for the storage of such material which shall completely confine the material, shall be rodentproof and insectproof and shall be kept in an inoffensive and sanitary condition at all times, in full compliance with all applicable fire, health and other codes, rules and regulations.
[Added 12-1-2008 by L.L. No. 4-2008]
It shall be unlawful for any person, his agent, employee or any person under his or her control to suffer or permit any dirt, sand, gravel, clay, loam, stone, rocks, rubble, building rubbish, sawdust, shavings or grade or household waste, refuse, ashes, manure, garbage, rubbish or debris of any sort or any other organic or inorganic material or thing or other offensive matter being transported in a dump truck or any other vehicle to be dumped, deposited or otherwise disposed of in or upon any street, lot, park, public place or other area, whether publicly or privately owned, without the expressed or implied permission of the property owner. It shall also be unlawful for any person to permit, facilitate or participate in the relocation of any refuse, garbage, recyclables or any residential, nonresidential or commercial waste from one site within or without the Village to another site within the Village for municipal collection by the Village of Mount Kisco. The right to participate in municipal waste collection and direct drop-offs at the Department of Public Works shall be limited to eligible properties within the corporate limits of the Village as may be further circumscribed by the terms of this chapter.
Notwithstanding any provision in this chapter to the contrary, any person who violates the provisions of this subsection shall be liable for a fine of not less than $5,000 nor more than $20,000. In addition, every owner of a dump truck or other vehicle used in connection with the unauthorized dumping shall be liable for a fine of not less than $1,500 nor more than $10,000 for each offense of unlawful dumping by any person using or operating the same in the business of such owner or otherwise with the permission, expressed or implied, of such owner.
[Amended 8-24-1981 by L.L. No. 6-1981; 9-1-1987 by L.L. No. 7-1987]
It shall be the duty of the owner, occupant or lessee of a land or a building to remove all waste matter, as set forth in § 69-7 of this chapter, regardless of who may have deposited or placed such waste matter upon the land or in the building. The failure to do so shall constitute a violation, punishable as provided in Article III of Chapter 1 of this Code. In the event that the owner, occupant or lessee fails or neglects to remove such waste matter, the Village Manager may, after due notice, order the Village Sanitation or Highway Department to remove such waste matter, and the expense and cost of such removal shall be assessed against the owner, occupant, lessee or all of them.
Where the full amount due the Village is not paid by such owner, occupant, or lessee within 20 days after the Village removes the mailer as provided in Subsection A, the Code Enforcement Officer or other person authorized under Mount Kisco law shall cause to be filed in the office of the Village Clerk a sworn statement showing the cost and expense incurred for the removal, the date of the removal, the location of the property by section, lot and block from which the mailer was removed, and the name of the reputed owner of the property. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus cost of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with this chapter shall be prima facie evidence that all legal formalities have been complied with and the removal has been accomplished and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated in the statement and that the same is due and collectible as provided by law.
[Added 1-7-2002 by L.L. No. 1-2002]
Editor's Note: This local law also provided for the redesignation of former Subsection B as Subsection C.
In the event that an owner, occupant or lessee of land or a building utilizes the services of an independent carter for the removal of refuse and commercial waste and an accumulation of refuse and waste results from cessation of service of the aforesaid independent carter, then and in that event the Village Manager may serve notice upon said independent carter to remove the accumulation of trash from the independent carter's receptacle, said removal to take place within three business days following receipt of the aforesaid notice. Said notice shall be either served personally upon said independent carter or by registered mail. This subsection shall not be deemed to affect the rights of said independent carter in any action or proceeding at law to recover compensation from the owner, occupant or lessee of the land or building from which the refuse is removed.
Any person who deposits, throws or places or causes to be deposited, thrown or placed any waste matter as set forth in § 69-7 of this chapter, in addition to any penalty imposed upon conviction, shall also remove or cause to be removed the waste matter deposited by him; and the failure to remove same shall constitute a separate and distinct offense for each day the waste matter remains.
Any person, including the Village, who removes or causes to be removed the waste matter as set forth in § 69-7, upon public notice and at a public sale, may sell the waste matter to the highest bidder and from the proceeds of such sale, be reimbursed for the cost of removing such waste matter and the expenses of such sale. Any surplus money shall be deposited with the Village Treasurer to be deposited, pursuant to law. Such sale shall not occur after a reasonable search is made as to the true owner of such waste matter.
[Added 9-1-1987 by L.L. No. 6-1987]
No person shall sweep into or deposit into any gutter, street or other public place within the Village, garbage, refuse, rubbish or litter from any building or lot or from any public or private sidewalk or driveway. Persons owning property or occupying property shall keep the sidewalk in front of their premises free of garbage, refuse, rubbish or litter except when such garbage, refuse, rubbish or litter has been placed in receptacles for removal by municipal or private carters.
[Added 9-1-1987 by L.L. No. 6-1987]
Persons owning or occupying business establishments or industrial establishments within the Village shall keep sidewalks, walkways, driveways, parking areas, gutters and other areas adjacent to or in front of their establishments free of garbage, refuse, rubbish or litter. These aforesaid areas shall be swept clean within 1/2 hour after opening of the business or industrial establishment and within 1/2 hour before the closing of the business or industrial establishment.
[Amended 9-20-1965; 8-24-1981 by L.L. No. 6-1981; 7-19-1982 by L.L. No. 4-1982]
Any person who violates any provision of this chapter shall be charged with a Class III violation and shall be subject to the punishment set forth in § 1-17C of the Code.
[Amended 8-24-1992 by L.L. No. 9-1992; 1-4-2005 by L.L. No. 2-2005]
Any violation hereof shall relieve the Village, its officers, agents and employees from any obligation to remove refuse from the premises upon which such violation occurs until such violation shall have been fully corrected.