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Village of Port Chester, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Port Chester as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building and fire prevention — See Ch. 151.
Littering and advertising materials — See Ch. 208.
Property maintenance and littering — See Ch. 245.
[Adopted 10-3-1966; amended in its entirety 10-1-2007 by L.L. No. 13-2007]
Wherever used in this article, the following terms shall mean and include:
ASHES
The residue from the burning of wood, coal, coke or other combustible materials.
COMMERCIAL AREA
Any area where a club, business, industry or light manufacturing enterprises are located or operating, or any area not classified as a "residential area" by this article.
[Amended 5-20-2020 by L.L. No. 5-2020]
DEPARTMENT OF PUBLIC WORKS
The head of the Department of Public Works of the Village of Port Chester.
GARBAGE
Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse or rubbish, as may be defined herein, and other waste material which is thrown or deposited and which tends to create a danger to the public health, safety and welfare.
MULTIFAMILY DWELLING
A detached building containing three or more dwelling units. A condominium shall not be considered a multifamily dwelling.
PERSON
Any person, employee, servant, agent, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE DWELLING
A detached building containing two dwelling units or less and shall also mean a dwelling unit that is part of a condominium complex.
PRIVATE PROPERTY
Any property other than that used as a public highway, parking lots and other publicly or municipally owned and/or maintained property.
REFUSE
Solid wastes, consisting of both combustible and noncombustible wastes, except body wastes, including garbage, rubbish, ashes and yard rubbish. Refuse shall not include earth and wastes from building or construction operations, nor shall it include solid or chemical wastes resulting from industrial processes and manufacturing operations, nor shall it include recyclables as defined by the Westchester County Source Separation Law.
RESIDENTIAL AREA
An area that primarily contains residential uses or a building whose principal permitted use is as a residence.
[Amended 5-20-2020 by L.L. No. 5-2020]
RUBBISH
Solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as metals, wood, glass, paper, wrapping, clothing, rags, boxes, household items, bedding, crockery and similar materials.
SHALL
Is always mandatory and not merely directory.
SIDEWALK
That portion of a street between the curblines of a roadway and the adjacent property lines intended for the use of pedestrians.
STREET
Any public street, roadway, highway, lane, alleyway, park, parking area, grounds or any other public place.
VILLAGE
The Village of Port Chester, New York.
YARD RUBBISH
Organic green-waste material, such as tree branches, brush, twigs, grass or shrub clippings, weeds, leaves and general yard and garden waste materials, but does not include earth or building materials.
A. 
The owner, lessee, contractor, tenant or other person having management or control of or occupying any lot or plot of land in the Village, excluding any location designated by the Village Board and/or the Westchester County Department of Health for such purposes, shall keep such land at all times free and clear of any accumulation of garbage, refuse, rubbish, litter, yard rubbish, and waste or discard matter of any type, including automobiles not having a current valid New York motor vehicle inspection certificate, except currently registered out-of-state vehicles, except such as may be deposited for collection and disposal as provided by for this article.
B. 
No person shall deposit, throw, cast or bury ashes, rubbish, refuse, grass cuttings, tree cuttings, leaves, garbage, waste matter, offal or discard matter of any type, including automobiles, on any lot or plot of land in the Village, other than compost heaps such as may be utilized by a home gardener when stored on his own property and appropriately screened from view and which do not otherwise create a hazard to the health and enjoyment of neighboring property owners.
C. 
No person shall throw, cast, lay or direct, suffer or permit any person to throw, cast or lay any litter and waste or discard matter of any type, including automobiles, on any street, sidewalk or right-of-way within the Village.
D. 
Litter baskets.
(1) 
The Department of Public Works shall place on sidewalks, parking areas or any other public place litter baskets, as may in his discretion be required.
(2) 
No person shall deposit in such litter baskets accumulations of litter, refuse and waste or discard matter of any type from private or commercial property which must be deposited for collection or disposal as provided for by this article.
E. 
No person being the owner, driver or manager of any car or other vehicle, and no owner of any receptacle, shall scatter, drop or spill or permit to be scattered, dropped or spilled any dirt, gravel, sand, clay, loam, stone or building rubbish; or hay straw, oats, sawdust, shavings or other light materials of any sort; or manufacturing, trade or household waste, refuse, rubbish of any sort; or ashes, manure, garbage or other organic refuse or other offensive matter therefrom; or permit the same to be blown off therefrom by the wind, upon any street or sidewalk or right-of-way in the Village.
F. 
No person shall allow any swill, brine or any offensive animal matter or allow bad smelling or noxious liquid or other filthy matter of any kind to run or fall into or upon any street, sidewalk or right-of-way in the Village or be taken or put thereon.
G. 
No person having the care, custody or control of any domestic animal, including cats, whether leashed or unleashed, licensed or unlicensed, shall permit such animal to excrete its body waste upon any sidewalk area in the Village.
A. 
All garbage, refuse, rubbish, litter, yard rubbish and waste material of any type accumulated in the Village shall be collected, conveyed and disposed of under the supervision of the Department of Public Works, who shall have the authority to make regulations consistent with the provisions of this article as he shall find necessary. The Department of Public Works shall have the authority to change and modify any regulations after due notice to residents, merchants, operators of commercial establishments and any other persons so affected.
B. 
Appeals. Any person aggrieved by a regulation or fee charged by the Department of Public Works shall have the right to appeal to the Village Manager who shall have the authority to confirm, modify or revoke any regulation or fee.
A. 
Garbage, ashes, yard rubbish and rubbish shall be separated and placed and maintained in separate containers or receptacles.
B. 
It shall be the duty of every person having the ownership, 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, ashes and rubbish ordinarily accumulated by the occupants of such land or building, each in separate receptacles, and allocate an area for storage of such receptacles in the interval between regular collections.
C. 
Each of such receptacles, provided for in this section, shall be watertight, kept covered with a suitable cover and maintained in a sanitary condition by periodic cleaning, except in instances where approved one-cubic-yard or one-and-one-half-cubic-yard containers are used, such receptacles shall not exceed thirty-two gallon capacity and, where filled, shall not exceed 75 pounds in total weight.
D. 
Each such receptacle containing garbage or rubbish shall be free of water or wetted materials.
(1) 
Refuse containers.
(a) 
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 Department of Public Works shall have the authority to refuse collection for failure to comply herewith.
(b) 
Garbage and rubbish. Receptacles shall be containers commercially manufactured for that purpose, equipped with suitable handles and tight-fitting covers and shall be watertight.
(c) 
Ashes. Ash containers shall be made of metal.
(2) 
Points of collection.
(a) 
Where curb service is provided, refuse containers shall be placed for collection in a visible and accessible area between the sidewalk line and the curbline immediately in front of the premises.
(b) 
Garbage receptacles shall be placed adjacent to the main (dwelling) building, at a point not greater than 100 feet from the curbline at a readily accessible location, to which a safe and convenient way of access is maintained. Containers of rubbish and ashes shall be placed at curb area as described in Subsection D(2)(a) of this section. Refuse will not be collected if located in rear or front yards behind locked gates.
(c) 
In residential areas, dwellings of two dwelling units or less, collection will be made as described in Subsection D(2)(b) of this section.
(d) 
In all commercial areas, the owner, tenant, occupant or person in charge thereof, on regularly scheduled collection days, shall set out or cause to be set out from the storage area all receptacles containing garbage, ashes and rubbish authorized to be collected to the curb area as described in Subsection D(2)(a) above.
(e) 
The Department of Public Works may authorize the removal of garbage and ashes from authorized receptacles at designated storage areas, provided such storage areas are readily accessible to the collection vehicle and collection in this manner will, in his opinion, result in a more expeditious removal of the garbage and ash accumulation from such receptacles.
A. 
Generally. The Department of Public Works shall make regular collections of all refuse as often and on such specified hours as shall be prescribed, however, rubbish and yard waste shall be collected on Wednesday, except during a week with one of the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Collection shall be made from receptacles when placed on or in front of any premises at such accessible locations as shall be designated by the Department of Public Works. The Department shall have the right to omit collections from any premises where a vicious dog is permitted to run at large or where employees of the Village are subject to any unnecessary danger or hazard.
B. 
Residential.
(1) 
Regular collections from residential areas shall be made from Monday through Friday at such times scheduled by the Department of Public Works.
(2) 
All refuse shall be in a container commercially manufactured for this purpose and not exceeding 32 gallons in size, have a tight-fitting cover with a maximum filled weight of 75 pounds; except that rubbish will be accepted in wooden boxes, baskets or pails with handles. Yard rubbish must be in containers clearly marked.
(3) 
Quantities of refuse to be collected are limited as follows:
(a) 
Residential private dwellings.
[1] 
Garbage. The equivalent of two thirty-two gallon containers scheduled each collection day.
[2] 
Rubbish. The equivalent of three thirty-two gallon containers each collection day. Bundled and tied tree trimmings, not exceeding three feet in length and 24 inches in any other dimension, shall be equal to one thirty-two gallon container.
[3] 
Christmas trees. Trees shall be placed at the curb area and will be collected by regular collection or special collection during the month of January each year. Trees do not have to be cut to meet length requirement described in Subsection B(3)(a)[2] of this section.
[4] 
Large household items. All large household items, such as furniture, refrigerators, etc., will be collected from the curb area only.
[5] 
Ashes. Ashes must be thoroughly water quenched and placed in one fireproof metal receptacle, weighing not more than 75 pounds filled, and placed with rubbish for collection.
(b) 
Residential multifamily dwellings.
[1] 
Where a multifamily dwelling is equipped to do so, all refuse must be incinerated, and the Village shall collect and dispose of all such incinerated residue on regularly scheduled days. Such residue shall be put in suitable containers, as outlined in Subsection B(2) of this section, and placed at the curb for collection unless otherwise authorized by § 275-4 of this article. Quantities of nonincinerated refuse shall be limited as prescribed in Subsection B(3)(a)[1] and [2] of this section.
[2] 
Where a multifamily dwelling is not equipped with incinerator facilities, the Village shall not collect more than three cubic yards of refuse each collection day, when properly separated pursuant to § 275-4 of this article and put in suitable containers as outlined in Subsection B(2) of this section. Such collection shall take place on regularly scheduled days.
[3] 
Subsection B(3)(a)[3], [4] and [5] of this section shall also apply to residential multifamily dwellings.
C. 
Commercial. The following limitations apply to collection practices of the Village and are not to apply to private collection operations which supplement regular Village collections and are contracted for by the owners, landlords or tenants due to excessive accumulation of refuse.
(1) 
Regular collections from commercial areas shall be made from Monday through Friday at such times scheduled by the Department of Public Works.
(2) 
All refuse shall be in a container commercially manufactured for this purpose and not exceeding 32 gallons in size, have a tight-fitting cover with a maximum filled weight of 75 pounds.
(3) 
Quantities of refuse to be collected are limited as follows:
(a) 
Garbage. The equivalent of two thirty-two gallon containers scheduled each collection day.
(b) 
Rubbish. The equivalent of three thirty-two gallon containers each collection day.
(c) 
Ashes. Ashes must be thoroughly water quenched and placed in one fireproof metal receptacle, weighing not more than 75 pounds filled, and placed with rubbish for collection.
D. 
Prohibitions.
(1) 
Use of barrels, drums, kegs, cardboard boxes or cloth bags for the containing of garbage shall be prohibited.
(2) 
Empty receptacles shall be removed from the curb area within four hours after collection unless otherwise prescribed by the Department of Public Works.
(3) 
Refuse receptacles shall be stored on private property on a location adjacent to a principal- or accessory-use building, but in no case shall such receptacles be stored forward of the front building line of the principal structure unless they are off the sidewalk area and completely obscured from public view.
(4) 
It shall be, hereafter, illegal for any person to construct, place or build facilities for the storage of receptacles below property grades (underground).
(5) 
Receptacles shall not be placed for collection inside or within any building, accessory-use building or garage or any place above or below level.
(6) 
No person shall prevent or interfere with any employee of the Village in the sweeping or cleaning of any street, sidewalk, or right-of-way or in the removal therefrom of sweepings, litter, snow, ice, or other refuse material.
(7) 
No person, other than an authorized employee or agent of the Village or a private collection agency authorized by the owner or occupant of the property, shall disturb or remove any garbage, refuse, rubbish, paper, or boxes that have been placed outside of private houses, apartment houses, business or commercial buildings or lots for removal.
(8) 
No employee of the Village, in the course of his duties, shall be required to enter a building or structure to gather or collect any refuse.
(9) 
No garbage, trash, rubbish or receptacle may be placed at the curb except on curb pickup day or after 4:00 p.m. on the evening before curb pickup day.
(10) 
No televisions or computer monitors shall be placed at the curb for collection, but may be brought to the Public Works Yard.
A. 
The Village of Port Chester shall not collect or dispose of any debris, such as concrete, wood studs, asphalt, cinder blocks, plaster, stone, brick, sawdust, sod or dirt, resulting from general contracting, renovating, or landscape contracting; nor shall the Village collect or dispose of any cleaning establishment waste, medical waste, radioactive waste, highly combustible materials, junk automobiles, nor branches and tree stumps unless they are split in sections six inches or less in diameter and three feet or less in length. Removal of such prohibited debris shall be arranged privately.
B. 
No refuse shall be transported from any place beyond the limits of the Village of Port Chester, New York, unless authorized herein. All garbage and refuse within the meaning of this article delivered by private collectors, licensed as herein provided, to the public dump or incinerator for incineration or other deposition shall emanate from household, factory and commercial establishments within the limits of said Village.
A. 
Any accumulations of refuse resulting from 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 without resort to private collection shall be removed by such person at his expense or be subject to the provisions with regard to enforcement herein.
B. 
The Department of Public Works will collect on scheduled days amounts of all classes of refuse from the premises in accordance with limitations set forth in § 275-5, but where amounts are placed for collection in excess of such limitations, the Department reserves the right to refuse the materials, to defer the collection, to collect the material in part or to make special collection thereof .
A. 
No collection vehicles other than those collection vehicles owned or operated by the Village shall operate within the Village unless a license is procured as hereinafter provided.
B. 
The Village Clerk shall accept applications for a license of a private refuse collection truck, and such applications for licensing shall contain, but not be limited to, the following:
(1) 
The ownership of subject vehicle.
(2) 
The make, year, model of chassis and body style.
(3) 
The current New York State registration number and color of vehicle.
(4) 
The community or communities in which the vehicles will operate.
(5) 
The approximate volume and tonnage the vehicle will handle per day.
(6) 
A listing of the present customers serviced by the vehicle.
(7) 
A garage location where such vehicle is normally stored.
(8) 
The hours and days during which the vehicle will operate within the Village of Port Chester.
C. 
The forms to be supplied by the Village Clerk for the application hereto set forth shall be completely executed by the owner and verified; and such license, if approved, shall be for the calendar year in which the license is issued. This license is not transferable except when current New York State vehicle registration is transferred to another vehicle, and notification shall be made in writing to the Village Clerk within five days after such transfer.
D. 
All applications must be approved by the Department of Public Works and the Police Department of the Village of Port Chester.
E. 
Fees for licensing of each vehicle under application shall be required upon approval of said application and prior to the issuance of said license, in the amount as set forth in Chapter 175, Fees.
(1) 
The fee for annual renewal for the same vehicle, upon filing of a renewal application on the form to be provided by the Village Clerk, wherein there is no change of ownership or principals thereof and wherein there is no change in the original application, shall be as set forth in Chapter 175, Fees.
(2) 
Renewal applications will be accepted during January of the year, and such new licenses shall be in force and effect from February 1 of the new year to January 31 of the succeeding year.
(3) 
The Village Clerk will issue a replacement license for one which has been lost or destroyed upon filing of a required affidavit and the payment of a fee as set forth in Chapter 175, Fees. In no case shall a license as issued give the applicant the right to use the incinerator or transfer station or landfill of the Village of Port Chester.
F. 
The license to be issued by the Village Clerk shall be in the possession of the licensee and shall be exhibited to the Department of Public Works or his duly appointed agent upon demand.
G. 
Notwithstanding the effective date of this article, the licensing provisions herein shall become effective January 1, 1967.
H. 
Proof of insurance. Before the issuance of a permit by the Village Clerk, he shall require satisfactory proof that the applicant is insured against any and all liability for an accident in the minimum amount of $100,000 for injury to or death of one person, and the use of $300,000 for all liability arising from any one accident, and $25,000 for property damage. In addition, the Village Clerk shall require proof that workmens' compensation and New York State disability insurance has been obtained in those cases where it is required.
I. 
Revocation of licenses. The Board of Trustees of the Village shall have the power to suspend or revoke the license of any licensee hereunder found on two successive inspections not to be operating in compliance with the requirements of this article. Where the noncompliance shall consist of delivery of materials to the public dump or incinerator of the Village of Port Chester emanating from or collected in areas outside of the limits of the Village of Port Chester, the Department of Public Works shall have power to immediately suspend the license of the licensee and notify the Board of Trustees of his action. No order of suspension or revocation shall be made except after hearing and reasonable notice thereof to the licensee, except as aforesaid.
A. 
It shall be unlawful to dispose of any refuse collected within the Village of Port Chester at any location other than that so designated by the Village Board or at such locations authorized, controlled and under the jurisdiction of the Village Board.
B. 
Private collection vehicles shall operate only between 6:30 a.m. to 6:30 p.m. Mondays through Saturdays, excluding holidays as otherwise provided. No garbage should be left in the collection vehicle overnight.
C. 
Garbage collection vehicles shall be completely enclosed and watertight.
D. 
Rubbish collection vehicles wherein no garbage is transported may be of an open refuse-collection type, provided such vehicles are fitted with a suitable canvas or other cover to prevent any material from it being discharged while such vehicles are in transit.
E. 
Collections are to be made in such manner as not to permit debris, litter and the like to fall upon property, public or private, or upon any highway within the Village.
F. 
Vehicles designed or known as "rear loaders" or "rear load packers" shall be completely closed in transit either by use of the exterior closing door fitted as part of a body style or by the use of the closing mechanism in those units not having as a standard or an accessory a separate exterior door.
G. 
All accessory doors, including the main loading door, shall be closed in travel on public highways unless the subject vehicle is engaged in a continuous servicing of adjacent structures on said highway.
H. 
Collection vehicles shall be subject to inspection at any time, by authorized representatives of the Department of Public Works or peace officers of the Village, for the purpose of enforcement of this article. All persons or employees shall be required to give aid and cooperation when requested to do so by such Village personnel in the performance of the enforcement of this article.
I. 
Collection vehicles shall be kept clean and sanitary both inside and out. Where, as required in the collection practice, containers of one cubic yard or more are used, such containers shall be cleaned and sanitized no less than once per week.
J. 
All vehicles shall be properly identified by the person owning such vehicles, including name and address.
A. 
The General Foreman, Assistant General Foreman, Sanitation Foreman, Code Enforcement Officer, members of the Police Department or any Building Inspector of the Village of Port Chester, New York, shall be empowered to enforce the prohibitions and regulations under all sections of this article.
B. 
For the purposes of enforcement of this article, garbage, refuse, rubbish or litter that is found on the sidewalk shall be presumed to belong to the owner of the abutting premises.
A. 
Any violation of this article is hereby declared an offense punishable by a fine of not less than $250 nor exceeding $500, or imprisonment not to exceed 15 days, or both. Each day's violation shall be a separate and distinct offense.
B. 
In addition thereto, any person found liable for violating this article shall be subject to a civil penalty in an amount of not less than $250 nor exceeding $500 for each and every violation to be recoverable in a civil action. The Board of Trustees hereby authorizes the Village Attorney to commence such action in a court of competent jurisdiction against persons found to be in violation.
C. 
The Board of Trustees, instead of or in addition to any of the above, may authorize an action or proceeding in the name of the Village of Port Chester to compel compliance with or to restrain by injunction any violation of this article or to remedy any condition resulting from a violation.
[Adopted 8-3-1992 by L.L. No. 10-1992[1]]
[1]
Editor's Note: The preamble to this local law read as follows: "The County of Westchester, on July 20, 1992, adopted a local law entitled 'Westchester County Source Separation Law,' as Chapter 825 of the Laws of Westchester County, providing for the separation of 'recyclables' as defined in Article III, Section 825.30 thereof. Enforcement of such chapter by the Village of Port Chester within its jurisdictional limits subject to the limitations set out at Section 825.80(6) of Chapter 825, is authorized therein. The Village of Port Chester desires to invoke the authorized enforcement powers and to that end adopts the following local law."
This article shall be known as the "Port Chester Village Recycling Law."
The purpose of this article is to promote the general health, welfare and safety of citizens of the Village of Port Chester, to protect the environment and to manage the solid waste stream in the Village of Port Chester. This legislation is intended to implement existing state solid waste management policy, as declared in Title 1 of Article 27 of the New York State Environmental Conservation Law, under which the county has been designated as the official planning unit for all the solid waste generated and collected within its borders. This article is supplemental to and an essential element of Westchester County's state-approved solid waste management plan. The reporting requirements of this article will permit the county and the Village to have informational feedback to assess the effectiveness of the state-approved solid waste management plan and to develop any necessary future solid waste management options. In addition, this article is for the purpose of reducing the need to dispose of solid waste generated in this village through incineration or landfilling by maximization of recycling and to comply with New York State General Municipal Law § 120-aa.
This article shall apply to every waste generator, hauler, recyclables broker and municipality within the Village of Port Chester.
Unless otherwise expressly stated or unless the context or subject matter specifically requires a different meaning, the meanings of the following terms which are used in this article shall be as follows and shall apply to all individuals, partnerships and other entities over which the Village of Port Chester shall have jurisdiction:
CONSTRUCTION AND DEMOLITION DEBRIS or C & D
Uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of structures and roads and uncontaminated solid waste consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, electrical wiring and components containing no hazardous liquids and metals that are incidental to any of the above.
HAULER
Any person, excluding municipalities, the county 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, stores, transfers, transports or disposes of solid waste, recyclables or construction and demolition debris that is generated or originated within the Village or brought within the boundaries of the Village for disposal, storage, transfer or processing.
MUNICIPALITY
The Village of Port Chester.
PERSON
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.
RECYCLABLES
The following materials:
A. 
Class A, residential recyclables:
(1) 
Newspapers as purchased, including any glossy inserts.
(2) 
Glass jars, bottles and containers of clear, green or amber (brown) color, used to store food or beverages only, which must be empty and rinsed clean. This term excludes ceramics, window or automobile glass, mirrors and light bulbs.
(3) 
All ferrous and nonferrous food and beverage containers, including steel, aluminum and bimetal, which shall be empty and rinsed clean.
(4) 
Large metal fixtures and appliances, including white goods such as washing machines, refrigerators, etc. This term excludes metal containers utilized to store flammable or volatile chemical materials, such as fuel tanks.
(5) 
All HDPE or PET type plastics (coded No. 1 or 2), including food, beverage, detergent and shampoo containers, which shall be empty and rinsed clean. This term excludes all plastic film, plastic bags, vinyl, rigid plastic (e.g., toys) and plastic foam materials.
(6) 
Leaves collected during the fall only.
(7) 
Lead-acid batteries used in automobiles and heavy equipment; excludes household batteries (e.g., for flashlights, radios, cameras, etc.).
(8) 
The type used in gasoline and diesel vehicle and equipment engines, delivered in an uncontaminated container.
B. 
Class B, nonresidential recyclables:
(1) 
Newspapers as purchased, including any glossy inserts.
(2) 
Non-wax-coated corrugated cardboard containers, which must be cleaned of excessive amounts of contaminants, such as adhesives, metals and plastics. This term excludes gray cardboard such as cereal boxes, tissue boxes, paper towel rolls or any other noncorrugated material.
(3) 
Includes high-quality paper such as letterhead, copier paper, typing paper, tablet sheets, computer printout paper and all paper of similar quality. This term shall not include carbon paper, self-carbonizing paper, coated or glossy paper, envelopes with windows or adhesive labels.
(4) 
Large metal fixtures and appliances, including white goods such as washing machines, refrigerators, etc. This term excludes metal containers utilized to store flammable or volatile chemical materials, such as fuel tanks.
(5) 
Lead-acid batteries used in automobiles and heavy equipment; excludes household batteries (e.g., for flashlights, radios, cameras, etc.).
(6) 
The type used in gasoline and diesel vehicle and equipment engines, delivered in an uncontaminated container.
C. 
In addition to the above, the following categories of materials shall be considered nonresidential recyclables for all food and beverage industries (e.g., restaurants, cafeterias and taverns):
(1) 
Glass jars, bottles and containers of clear, green or amber (brown) color, used to store food or beverages only, which must be empty and rinsed clean. This term excludes ceramics, window or automobile glass, mirrors and light bulbs.
(2) 
All ferrous and nonferrous food and beverage containers, including steel, aluminum and bimetal, which shall be empty and rinsed clean.
(3) 
All HDPE or PET type plastics (coded No. 1 or 2), including food, beverage, detergent and shampoo containers, which shall be empty and rinsed clean. This term excludes all plastic film, plastic bags, vinyl, rigid plastic (e.g., toys) and plastic foam materials.
RECYCLABLES BROKER
Any person, excluding municipalities, the county 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 Village or brought within the boundaries of the Village 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.
RECYCLE
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.
SEPARATE COLLECTION
Any municipality, hauler or recyclables broker who collects, transports or stores solid waste or recyclables shall keep source-separated recyclables separate from solid waste during collection, transportation and storage, except for recyclables that are mixed with solid waste in construction and demolition debris and identifiable bagged recyclables mixed with bagged solid waste, provided that recyclables are later separated for recycling.
SOLID WASTE
All putrescible and nonputrescible materials or substances, except as described in 6 NYCRR 360-1.2(a)(4) 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. "Solid waste" shall not be understood to include recyclables as defined in this article.
SOURCE SEPARATION
The segregation of recyclables from solid waste at the point of generation for separate collection, sale or other disposition.
VILLAGE
The Village of Port Chester.
WASTE GENERATOR
Any person who produces or is responsible for solid waste or recyclables in the Village of Port Chester requiring disposal.
A. 
A waste generator who resides in a single-family or multifamily dwelling, whose waste is generated from household functions such as cooking, cleaning, etc.
B. 
All waste generators other than "residential waste generators."
A. 
Every waste generator in the Village of Port Chester 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 set forth in the definition of recyclables in § 275-15 for this article. Nonresidential waste generators shall source-separate Class B, nonresidential recyclables, as set forth in the definition of recyclables in § 275-15 of this article. Waste generators shall source-separate additional materials designated as recyclables, by a local municipality pursuant to § 120-aa of the General Municipal Law, if that municipality provides or causes to be provided collection of such materials for the waste generator or a location within that municipality for delivery of such materials by the waste generator. Waste generators shall not be required to source-separate recyclables contained in construction and demolition debris, provided that such debris is brought to a facility where recyclables can be separated from the nonrecyclable solid waste. All waste generators shall commence source separation on September 1, 1992.
B. 
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 above from the property on which they are generated, either through service provided by a municipality, 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 New York State Environmental Conservation Law § 23-2307. 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 New York State Environmental Conservation Law § 27-1701 or to scrap recycling facilities which accept this type of used battery for recycling.
C. 
Each waste generator shall be required to prepare those recyclables which the waste generator is required to source-separate pursuant to Subsection A above in the manner prescribed in the definition of recyclables in § 275-15 of this article or, if no particular manner of preparation is specified for a specific recyclable material in said definition of recyclables, then according to the law, regulation or rule of the Village of Port Chester which provides recyclables collection services to that waste generator or, if such collection services are provided by a hauler or recyclables broker, then according to the directions of the hauler or recyclables broker. If a waste generator utilizes direct haul, recyclables shall be prepared in the manner prescribed by the recyclables transfer, storage or processing facility to which the waste generator delivers such materials.
D. 
Every waste generator shall be obligated to ensure that those recyclables which the waste generator is required to source-separate pursuant to Subsection A above are placed in the location designated for recyclables collection by the Village of Port Chester.
E. 
In the case of multitenant buildings, the owner of such building is responsible to provide the following: appropriate container(s) to hold source-separated materials for the entire building separate from the container(s) where the building's solid waste is stored; a mechanism for disposal of source-separated recyclables, unless municipal collection is provided; and an educational program for tenants on the manner in which source-separated materials are to be prepared for collection.
F. 
Nothing in this article shall be construed to prohibit private composting of garden and yard waste by a waste generator on the waste generator's own property.
G. 
Exempt. Waste generators who are unable to comply with the requirements of this section for good cause shown (e.g., old age, mental or physical infirmity, etc.) and have a current exemption from the County of Westchester shall also be exempt hereunder.
A. 
Haulers and recyclables brokers shall provide regular, reliable and separate collection of recyclables to any customer to whom they provide recyclables collection services.
B. 
Haulers and recyclables brokers shall deliver any recyclables that they have collected or picked up to a recyclables transfer, storage or processing facility. In the event that a market for a particular recyclable or class of recyclables collapses or that delivery to a transfer, storage or processing facility would create a severe economic hardship to a hauler or recyclables broker and the county has granted a temporary waiver to the requirements of this subsection, the waiver shall also apply hereunder so long as it is in force.
[Added 3-30-1994 by L.L. No. 3-1994[1]]
A. 
In all multiple dwellings containing eight or more units, there shall be provided by the owner and/or managing agent not fewer than two recycling bins, one for papers and cardboard and one for glass, plastic and cans.
B. 
The Village of Port Chester will obtain bids for the purpose of purchasing bins of the type suitable for use with the Village recycling truck and will make the same available to each covered multiple dwelling at cost and will bid again as it deems necessary.
C. 
The containers may be purchased directly from a company supplying the same; however, no bin shall be used that does not conform in size and shape to village containers and that is not compatible with the Village recycling vehicle.
D. 
The containers will be kept in the approved garbage area or in such alternate location as shall be approved by the general foreman, and also subject to any site plan approvals called for by the Village Code.
[1]
Editor's Note: This local law also redesignated former § 275-18, Penalties for offenses, as § 275-20.
[Added 3-30-1994 by L.L. No. 3-1994[1]]
A. 
Effective on April 1, 1994, garbage on the downtown business district route will only be picked up if it is placed in the standard bins available from the Village of Port Chester.
B. 
The Village has bid, and will bid further as it deems necessary, the bins, and they will be available to owners or tenants at cost, it being necessary that such bins be uniform and compatible with the loading equipment.
C. 
The containers may be purchased directly from a company supplying the same; however, no bin shall be used that does not conform in size and shape to village containers and that is not compatible with the Village recycling vehicle.
D. 
The bins shall be kept on the premises at all times except that they must be rolled to the curb for pickup at or after 6:00 a.m. on the day of the scheduled pickup and shall be returned from the curb not later than 11:00 a.m. on the same day.
E. 
The downtown business district collection area may be revised by the general foreman at his discretion. However, before extending the same, the general foreman shall cause notice of such extension to be served on the person in charge of each store and/or building in the extension area or areas at least 10 days prior to implementation, and within five days of such service any person aggrieved may serve a written notice of objection, specifying the basis for the same, with the Village Manager, who will review and give notice to the complaining party of the disposition of the objection.
[1]
Editor's Note: This local law also redesignated former § 275-19, Enforcement, as § 275-21.
[Amended 3-30-1994 by L.L. No. 3-1994]
Any person found guilty in a court of competent jurisdiction of failure to comply with any applicable provisions of this article or with any emergency regulation of the county duly issued under Westchester County Chapter 825 shall be guilty of an offense punishable as follows:
A. 
For the first violation, a warning or fine of up to $250.
B. 
For the second or further violation, a fine of up to $500.
[Amended 3-30-1994 by L.L. No. 3-1994]
A. 
Persons violating this article shall be cited by issuance of an appearance ticket or any other form of process, including arrest requiring them to appear in any court of competent jurisdiction.
B. 
Appearance tickets or other process hereunder may be issued by a police officer, a building inspector, the general foreman, sanitation foreman or any member of the Sanitation Department having authorization from the sanitation foreman.