[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]
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.
[Added 1-3-2022 by L.L. No. 1-2022; amended 8-16-2022 by L.L. No. 11-2022; 8-16-2022 by L.L. No. 12-2022]
A. Any violation of §§
275-2C and
275-5E is hereby considered an offense punishable by a fine of not less than $1,000 nor exceeding $5,000, or imprisonment not to exceed 15 days, or both. Each day’s violation shall be considered a separate and distinct offense.
B. Any violation of §
275-2H is hereby considered an offense punishable by a fine of not less than $3,000 nor exceeding $10,000, or imprisonment in excess of 15 days but not greater than one year, or both. Each day’s violation shall be considered a separate and distinct offense.
[Adopted 8-3-1992 by L.L. No. 10-1992]
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.
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)
NEWSPRINTNewspapers as purchased, including any glossy inserts.
(2)
GLASSGlass 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)
METALSAll ferrous and nonferrous food and beverage containers, including steel, aluminum and bimetal, which shall be empty and rinsed clean.
(4)
BULK METALSLarge 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)
PLASTICSAll 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.
(7)
VEHICULAR BATTERIESLead-acid batteries used in automobiles and heavy equipment; excludes household batteries (e.g., for flashlights, radios, cameras, etc.).
(8)
USED MOTOR OILThe type used in gasoline and diesel vehicle and equipment engines, delivered in an uncontaminated container.
B.
Class B, nonresidential recyclables:
(1)
NEWSPRINTNewspapers as purchased, including any glossy inserts.
(2)
CORRUGATED CARDBOARDNon-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)
HIGH-GRADE PAPERIncludes 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)
BULK METALSLarge 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)
VEHICULAR BATTERIESLead-acid batteries used in automobiles and heavy equipment; excludes household batteries (e.g., for flashlights, radios, cameras, etc.).
(6)
USED MOTOR OILThe 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)
GLASSGlass 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)
METALSAll ferrous and nonferrous food and beverage containers, including steel, aluminum and bimetal, which shall be empty and rinsed clean.
(3)
PLASTICSAll 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.
RESIDENTIAL WASTE GENERATORA waste generator who resides in a single-family or multifamily dwelling, whose waste is generated from household functions such as cooking, cleaning, etc.
[Added 3-30-1994 by L.L. No. 3-1994]
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.
[Added 3-30-1994 by L.L. No. 3-1994]
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.
[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.