[Adopted 12-14-1981 by L.L. No. 5-1981
as Ch. 72 of the 1981 Code]
This article shall be known and may be cited as the "Garbage and Rubbish
Law of the Village of Pleasantville."
As used in this article, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
The residue from the burning of wood, coal, coke or other combustible
materials.
All putrescible animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food in any private dwelling house,
multiple dwelling, hotel, residence, building or institution.
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 clippings, metals, wood,
glass, bedding, crockery and similar materials.
A.
Responsibility of owner or tenant. The owner, lessee,
tenant or other person having the management or control of or occupying any
lot or plot of land in the Village of Pleasantville shall keep such land at
all times free and clear of any accumulation of ashes, rubbish, refuse, grass
cuttings, leaves, garbage, waste materials, offal or any offensive substances
except such as are deposited in containers or are otherwise secured as provided
for in this article for collection and disposal.
B.
Use of vacant land. No person shall deposit, throw, cast
or bury ashes, rubbish, grass cuttings, tree cuttings, leaves, garbage, waste
material, offal or any offensive substances on any vacant lot or plot of land
in the Village of Pleasantville except ashes for the purpose of building a
driveway or filling a below-grade lot.
All refuse accumulated in the village shall be collected, conveyed and
disposed of under the supervision of the Superintendent of Public Works. The
Superintendent of Public Works shall have the authority to make regulations
concerning the days of collection, type and location of waste containers and
such other matters pertaining to the collection, conveyance and disposal as
he or she shall find necessary and to change and modify the same after public
notice, provided that such regulations are not contrary to the provisions
hereof.
A.
Separation of refuse. Garbage, ashes and rubbish shall
each be placed and maintained in separate containers.
(1)
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 a sufficient receptacle to hold
garbage, ashes and rubbish, each in separate receptacles, ordinarily accumulated
by the occupants of such land or building during 96 consecutive hours. Any
waste material other than garbage which cannot be readily deposited in any
receptacles may be compacted and securely bundled, tied or packed so as to
be easily handled, but not weighing more than 75 pounds and not likely to
be scattered, and when packed and secured, may be placed alongside such a
receptacle.
(2)
Each of such receptacles provided for in Subsection A(1) shall be watertight, kept covered with a cover and maintained in a sanitary condition by periodic cleaning. Such receptacles shall not exceed twenty-gallon capacity and when filled shall not exceed 100 pounds in total weight.
(3)
Each such receptacle containing garbage or rubbish shall
be free of water or wetted materials.
B.
Refuse containers.
(1)
Duty to provide and maintain in sanitary condition. Refuse
containers shall be provided by the owner, tenant, lessee or occupant of the
premises. Refuse containers shall be maintained in good condition. Any container
that does not conform to the provisions of this article 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. The Superintendent of
Public Works shall have the authority to refuse collection for failure to
comply herewith.
(2)
Garbage. Receptacles shall be containers commercially
manufactured for that purpose, equipped with suitable handles and tight-fitting
covers and shall be watertight.
(3)
Ashes. Ash containers shall be made of metal and have
a capacity of not more than 10 gallons.
(4)
Rubbish. Receptacles shall be containers commercially
manufactured for that purpose, equipped with suitable handles and tight-fitting
covers.
C.
Point of collection. Refuse containers shall be placed
for collection in an accessible area at the rear of the building of each premises
before 7:00 a.m. of the day when collection shall be made. The space about
the containers shall be at all times kept clean of debris or spillage, and
such space and containers shall be maintained in a sanitary manner.
Any accumulations of refuse resulting from the failure of any person
to comply with any provision of this article or from the failure of such person
to take advantage of the regular collection service maintained by the village
and any waste building materials in excess of ordinary household refuse of
such materials shall be removed by such person at his or her expense.
A.
Abnormal amounts. The Department of Public Works shall
collect on scheduled days normal amounts of all classes of refuse from the
premises, but where abnormal amounts are placed for collection, the Department
reserves the right to refuse the materials, to defer the collection, to collect
the material in part or to make a special collection thereof at charges authorized
by the Superintendent of Public Works.
B.
Trees, brush and trimmings. Trees, tree branches and
trimmings, large bushes, logs and similar material shall be securely tied
in bundles not in excess of 75 pounds, nor more than five feet in length and
24 inches in any other dimension; trees, tree branches and trimmings, large
bushes, logs and similar material not reduced to size or bundles as provided
in this subsection shall be collected by special collection at charges herein
provided and then only when the material can be readily loaded on a collection
vehicle by two men.
C.
Charges for special collections. The Superintendent of
Public Works is authorized and directed to establish charges for special collection,
based on the personnel and equipment required therefor, plus a reasonable
overhead.
Only ashes and garbage shall be collected from apartment houses or business
establishments. It shall be the duty of the owners, tenants, lessees, occupants
and persons in charge of apartment and business buildings affected by this
article to arrange for the removal of all rubbish, refuse and wastepaper produced
in such buildings.
[Added 8-14-2000 by L.L. No. 6-2000]
A.
Refuse containers. All garbage, refuse or rubbish generated by a business or industrial establishment which is placed at the rear of such business or industrial establishment or curbside directly in front of such business or industrial establishment for collection by a private sanitation carter shall be maintained in such a manner as to avoid any unsafe or unsanitary conditions. Garbage, refuse and rubbish generated by a business or industrial establishment shall be placed in roll-off dumpsters or refuse containers as specified in § 151-5B of this chapter. The area around and in the vicinity of the roll-off dumpsters or refuse containers shall be at all times kept clean of debris and spillage, and such space and containers shall be maintained in a sanitary condition. Garbage containing food or liquid waste shall be placed in plastic bags that are securely closed and fastened to avoid spillage of any kind, and then placed in a roll-off dumpster or inside a securely closed and fastened refuse plastic container:
B.
Sidewalks. Sidewalks in front of business or industrial
establishments shall be swept and/or washed down by the owner or agent of
such business or industrial establishment in the event of spillage of any
garbage, refuse or rubbish.
C.
Point of collection. Garbage, refuse or rubbish shall
be placed at the rear of the building of each business or industrial establishment,
or, in the event that the location of the business or industrial establishment
prevents placement at the rear of the premises, garbage, refuse or rubbish
shall be placed at the curb directly in front of such business or industrial
establishment. Garbage, refuse or rubbish shall be placed no earlier than
10:00 p.m. on the night before collection. All containers must be securely
fastened.
D.
Proof of private sanitation carter agreements. All business
or industrial establishments, including merchants, shopkeepers, tenants and
landlords, shall, upon request, provide written documentation to the village
of an agreement with a private sanitation carter to collect the garbage, refuse
or rubbish of such business or industrial establishment.
[Added 8-14-2000 by L.L. No. 6-2000]
Village refuse containers placed on the sidewalks are for occasional
use by pedestrians. Village refuse containers placed on sidewalks shall not
be used for depositing garbage, refuse or rubbish from business or industrial
establishments or residences.
[Added 8-14-2000 by L.L. No. 6-2000]
All businesses and industrial establishments must comply with Westchester County's Local Law 14-1992, Chapter 25, Westchester County Source Separation Law, which governs the separation, preparation and collection of recyclable materials. Recycle means any method, technique or process utilized to separate, process, modify, convert, treat or otherwise prepare solid waste so that its component materials or substances may be beneficially used or reused.
By virtue of the adoption of this article, the Superintendent of Public
Works shall be empowered to enforce the prohibitions and regulations under
all sections of this article, subject to the direction of the Village Board
of Trustees.
[Amended 4-28-1997 by L.L. No. 4-1997]
The violation of any provision of this article shall be a violation
which shall be punishable by a fine of not more than $500, imprisonment for
not more than 15 days, or both such fine and imprisonment, and, in the case
of a continuing violation, each day that such violation shall be permitted
to continue shall constitute a separate offense.
