[HISTORY: Adopted by the Board of Trustees of the Village of Laurel
Hollow: Art. I, 8-16-1960 as Ord. No. VI of the General
Ordinances, amended in its entirety 12-20-1966; Art. II, 7-20-1992
as L.L. No. 1-1992. Subsequent amendments noted where applicable.]
[Adopted 8-16-1960 as Ord. No. VI of the General
Ordinances; amended in its entirety 12-20-1966]
No person shall throw, place, deposit, dump, litter, leave or permit
to remain or suffer or permit any servant, agent, employee or person in his
or her charge to throw, place, deposit, dump, fitter, leave or permit to remain
any ashes, garbage, tin cans, discarded or unusable automobiles, automobile
parts, bottles, dead animals, grass, flammable materials, junk, leaves, lumber,
metal, plastic, putrescible substances, waste, wastepaper or refuse matter
or rubbish of any kind on the surface of any street, public grounds or private
property in this village for the purpose of abandonment or otherwise; provided,
however, that the foregoing provision shall not be deemed to prohibit a private
property owner from making and retaining a compost heap on his property for
normal gardening purposes.
[Amended 7-6-1981 by L.L. No. 4-1981]
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding two hundred
fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen
(15) days, or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
In addition, if the Building Inspector of the village shall find any
such ashes, garbage, tin cans, discarded or unusable automobiles, automobile
parts, bottles, dead animals, grass, flammable materials, junk, leaves, lumber,
metal, plastic, putrescible substances, waste, wastepaper or refuse matter
or rubbish of any kind to have been abandoned or otherwise left or discarded
on the surface of any street, public grounds or private property in this village,
then he may order and require the owners or occupants of the property to remove
the same or, in default of such removal by the owner or occupant, he may cause
the same to be removed at the cost and expense of the owner, and such cost
and expense may be assessed upon the real property on which any such rubbish
or other material is found and shall constitute a lien and charge on the real
property on which it is levied until it is paid or otherwise satisfied or
discharged and shall be collected by the Village Treasurer in the manner provided
by law for the collection of delinquent taxes, and if the owner of said property
is a nonresident, a notice to so remove such rubbish or other material mailed
to such owner, addressed to his last known address, shall be sufficient service
thereof.
[Adopted 7-20-1992 as L.L. No. 1-1992]
The Board of Trustees of the Village of Laurel Hollow finds that:
A.
The continued use of landfills for solid waste disposal
poses a threat to human health and safety through increased risk of groundwater
pollution and other environmental health and safety hazards.
B.
The removal of certain materials from the solid waste
stream will decrease the flow of solid waste to landfills.
C.
There is a significant amount of recyclable material
present in the solid waste generated in the village.
D.
The recovery and reuse of such recyclable material reduces
the amount of solid waste conventionally disposed of by providing an environmentally
acceptable disposal alternative.
E.
Recycling reduces the demand for increasingly unavailable
landfill areas and protects the health, safety and welfare of the village
by promoting prudent disposal programs essential for the protection of the
environment.
F.
The New York State Solid Waste Management Act of 1988
requires that municipalities adopt a local law or ordinance by September 1,
1992, for separating solid waste into recyclable, reusable or other components
for which economic markets for alternate uses exist.
G.
The mandatory separation of designated recyclables from
the solid waste stream generated within the village will foster maximum environmental
and economic benefits with the minimum inconvenience to its residents and
property owners.
H.
The present system of post-collection separation of recyclables
is the most efficient, economical and adequate method to comply with the New
York State Solid Waste Management Act of 1988.
I.
An integral element of a recycling program is the reservation
of the authority to adopt appropriate rules and regulations, including the
right, from time to time, to designate or delete the type of material which
shall be recycled; the type, manner, means and method of separation; and the
method of storage, collection and disposal of recyclables.
The purpose of the Village of Laurel Hollow in enacting this Article
is to:
A.
Provide for the health, safety and general welfare of
the residents of the village.
B.
Increase the life expectancy of existing and potential
landfill areas and to decrease the need for alternative refuse disposal facilities
through a comprehensive program of waste stream reduction and recycling.
C.
Decrease the threat to human health and safety posed
by the effects of landfill disposal on groundwater quality.
D.
Identify methods of collection, reduction and separation
which encourage the most efficient and economical utilization of solid waste
disposal facilities and contribute to more effective programs for the reuse
of solid waste.
E.
Ensure the long-range preservation of the health, safety
and well-being of the public and environmental quality of the Village of Laurel
Hollow by conserving resources and reducing the potential for pollution of
the environment.
F.
Set forth, from time to time, the methodology to be used
for the efficient separation and collection of reusable and recyclable materials
from the village's solid waste stream.
G.
Comply with provisions of the New York State Solid Waste
Management Act of 1988.
H.
Establish and reserve to the Board of Trustees the authority
to adopt, as required from time to time, appropriate rules and regulations
relating to the type of materials to be recycled, as well as the type, manner,
means and method of separation to be utilized.
The following words and terms shall have the following meanings:
All solid waste other than recyclable materials and recyclables generated
by the village, other than prohibited materials.
Any individual, firm, corporation, association or partnership.
Materials that contain hazardous or toxic substances or are not suitable
for residential disposal and which will not be collected or permitted to be
placed in recyclable containers as set forth in the rules and regulations.
Discarded solid waste material which may be reclaimed and is in the
form of paper, glass, metals and plastics.
Specific types of recyclable materials as shall be designated by
the Board of Trustees pursuant to rules and regulations adopted hereunder.
Rules and regulations which are duly adopted by the Board of Trustees
at a public meeting.
In the event that collectors cease to provide post-collection separation
of recyclable materials or in the event the Board of Trustees determines that
post-collection separation no longer meets the requirements or the purpose
of the New York State Solid Waste Management Act of 1988, the Board of Trustees
shall, by resolution, adopt appropriate rules and regulations to provide for
source separation, and upon such adoption, the owner, lessee or occupant of
every dwelling within the village shall separate and dispose of recyclables
as follows:
A.
Prior to collection, all recyclables shall be processed
and cleaned, with all contents removed, in accordance with the rules and regulations.
B.
Recyclables shall be placed in an approved color-coded
container which has been designated for the particular recyclable group. Recyclables
shall not be stored or mixed in the same container with other forms of solid
waste.
C.
Newsprint shall be bundled and securely tied with a string
or placed in a brown paper bag.
D.
Recyclables shall be collected on a periodic basis and
properly disposed of at a suitable processing center.
In the event that the Board of Trustees determines to establish a source
recycling program, containers for the purpose of collecting and storing recyclables
will be initially provided by the village to every dwelling. Such containers
will remain the property of the village and must be kept clean and in good
condition. Recycling containers are not to be used for any purpose other than
as described herein and in accordance with the rules and regulations. In the
event that such containers are lost, damaged or stolen, additional equivalent
containers must be provided by the property owner at his or her own expense.
In the event that the Board of Trustees determines to establish a source
recycling program, the Board of Trustees, by resolution, shall establish a
collection schedule and applicable procedures for the collection of recyclables.
A.
In the event that the Board of Trustees determines to
establish a source recycling program, it shall be unlawful and a violation
of this Article for any person to:
(1)
Place or to cause to be placed or to permit any material,
other than a designated recyclable, in an approved recyclable container.
(2)
Permit or to allow or to knowingly fail to separate and
prepare recyclables for collection in accordance with the provisions of this
Article. After providing five (5) days' written notice by certified mail,
return receipt requested, to the occupant of a dwelling, a private carter
or municipality may refuse to collect said solid waste from any dwelling where
a violation of this Article exists.
(3)
Collect or to cause to be collected recyclables which
are in violation of this Article.
(4)
Permit or to allow or to cause to occur a violation of
any rules and regulations promulgated hereunder and duly adopted by resolution
of the Board of Trustees.
B.
Any property owner upon whose land solid waste is left
for collection or storage in such a manner as to be in violation of this Article
shall be deemed and presumed to be the person who shall have placed or deposited
such solid waste on the property.
Any person found to violate any provision of this Article or any rule
or regulation promulgated hereunder shall be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding
fifteen (15) days, or by both such fine and imprisonment. Each day that such
violation exists shall constitute a separate offense.
It shall be the duty of the Village Building Inspector, Code Enforcement
Officer, Police Department and any other individual designated by the Board
of Trustees, and they shall have the power, right and authority, to enforce
the provisions of this Article and to issue appearance tickets for violations.
The Board of Trustees is empowered and authorized to promulgate and
establish by resolution any rules and regulations which are necessary and
proper to implement and administer the provisions of this Article.
In the event that any portion, paragraph or provision of this Article
shall be declared invalid by a court of competent jurisdiction, such invalidity
shall not affect the provisions of any other portion, paragraph or section
hereof.
This Article shall take effect August 1, 1992, or on such later date
as shall be established by resolution of the Board of Trustees.
