[Amended 4-16-1990 by L.L. No. 2-1990]
As used in this article, the following terms
have the meanings ascribed to them:
Limited to garbage, rubbish and agricultural waste. It shall
not include:
[Amended 5-11-1992 by L.L. No. 2-1992]
Incinerator ash.
Demolition and construction debris.
Sewage and other highly diluted water-carried
materials or substances and materials in gaseous forms.
Sludge from air or water pollution control facilities.
Hazardous materials.
Nuclear or by-product material as defined by
the Atomic Energy Act of 1954, as amended.
Unacceptable waste as may from time to time
be defined by the Town of Hempstead pursuant to Section 309 of the
Intermunicipal Solid Waste Agreement between the Town of Hempstead
and Village of Valley Stream.
Lawn trimmings, leaves, shrubs, bushes, shrub and bush trimmings,
flowers, plants, twigs, branches and tree limbs not in excess of four
inches in width at the point of cutting nor in excess of three feet
in length.
[Added 5-11-1992 by L.L. No. 2-1992]
The residue from the burning of wood, coal, coke or other
combustible materials.
Those items which cannot be handled by normal collection
vehicles.
Any area where business (retail, wholesale, commercial or
industrial) is located or operating.
Monday through Saturday, inclusive except for those dates
which are referred to as a holiday in either the General Construction
Law or the Intermunicipal Solid Waste Agreement between the Town of
Hempstead and Village of Valley Stream.
A vehicle designed, built and used for the purpose of collecting
refuse.
A one ton or larger container used for collection and removal
of solid waste from residential and commercial property.
[Added 12-20-2010 by L.L.
No. 2-2010]
Animal or vegetable leavings or similar food or food refuse,
together with paper bags or paper, cardboard or wood or other containers
thereof and paper refuse except newspapers, and cartons, wooden boxes
and crates or other household refuse which is flammable or capable
of fermentation or decay.
Waste which by reason of its composition is harmful, toxic
or dangerous or is hazardous waste as defined in the Solid Waste Disposal
Act, 42 U.S.C. § 6901, as amended, and its regulations thereunder,
or under applicable New York statutes and the regulations thereunder,
or any other substance having a reasonable possibility of posing a
threat to public health or safety as may from time to time be determined
by the Superintendent of Public Works.
The actual pickup, loading or collection of garbage, rubbish
or agricultural waste.
[Amended 5-11-1992 by L.L. No. 2-1992]
Any property other than that used as public highway.
That area primarily zoned and occupied for residential purposes.
Dry, flammable or unburnable household junk or refuse, including
ashes, magazines and newspapers when tied in bundles (except that
bundled newspapers shall not be considered "rubbish" in those areas
where a newspaper recycling route has been established) and discarded
furniture or parts thereof, exclusive of building materials resulting
from major construction or alteration of buildings and structures.
[Amended 5-11-1992 by L.L. No. 2-1992]
The Superintendent of Public Works of the Village of Valley
Stream or his duly authorized designee.
A.
Residential areas.
(1)
Garbage will be collected from residential areas on
regularly scheduled business days designated by the Superintendent
of Public Works during the hours designated by the Superintendent
of Public Works. The Superintendent may place reasonable limitations
as to the number of containers of garbage that may be placed for collection
in residential areas.
(2)
Containers used for the disposal of garbage shall have a capacity not exceeding 32 gallons and not weigh more than 50 pounds when filled and placed out for collection. Garbage which cannot be readily placed in containers must be securely placed into enclosed plastic bags or other weatherproof and durable receptacles not weighing more than 50 pounds nor exceeding 18 cubic feet in capacity. Subject to the aggregate weight limits found in § 38-20D, in no event shall the total maximum weight of garbage placed out for collection in any given week exceed 250 pounds. No more than 10 containers and/or other receptacles may be placed out for collection on any given collection day by any property owner or its agent.
B.
Business areas.
(1)
Garbage will be collected from business areas on regularly
scheduled business days designated by the Superintendent of Public
Works and during regularly scheduled hours designated by the Superintendent
of Public Works. The containers of garbage that shall be placed for
collection in business areas shall be limited to containers of a type
and construction as is hereafter described and from time to time defined
and described by the Superintendent of Public Works.
(2)
Containers used for the disposal of garbage shall have a capacity not exceeding 32 gallons and not weigh more than 50 pounds when filled and placed out for collection. Garbage which cannot be readily placed in containers must be securely placed into enclosed plastic bags or other weatherproof and durable receptacles not weighing more than 50 pounds nor exceeding 18 cubic feet in capacity. Subject to the aggregate weight limits found in § 38-20D, in no event shall the total maximum weight of garbage placed out for collection in any given week exceed 250 pounds. No more than 10 containers and/or other receptacles may be placed out for collection on any given collection day by any property owner or its agent.
C.
Exceptions to limitations. The limitations on collections of garbage set forth in § 38-17A and B shall not apply to firehouses, public libraries and municipal use buildings. Only garbage produced by the property owner or its agent at the point or place of collection is eligible for collection under this chapter.
A.
Residential areas.
(1)
Rubbish will be collected from residential areas on
regularly scheduled business days designated by the Superintendent
of Public Works. The Superintendent of Public Works may place reasonable
limitations as to the number of containers of rubbish that may be
placed for collection in residential areas.
(2)
Containers used for the disposal of rubbish shall have a capacity not exceeding 32 gallons and not weigh more than 50 pounds when filled and placed out for collection. Rubbish which cannot be readily placed in containers must be securely placed into enclosed plastic bags or other weatherproof and durable receptacles not weighing more than 50 pounds nor exceeding 18 cubic feet in capacity. Subject to the aggregate weight limits found in § 38-20D, in no event shall the total maximum weight of rubbish placed out for collection in any given week exceed 250 pounds. No more than 10 containers and/or other receptacles may be placed out for collection on any given collection day by any property owner or its agent. No article of rubbish, such as lumber, shall exceed four feet in length.
[Amended 5-11-1992 by L.L. No. 2-1992]
B.
Business areas.
(1)
Rubbish shall be collected from business areas on
regularly scheduled business days designated by the Superintendent
of Public Works during the hours designated by the Superintendent
of Public Works. The containers of rubbish that shall be placed for
collecting in business areas shall be limited to containers of a type
and construction as is hereafter described and from time to time defined
and described by the Superintendent of Public Works.
(2)
Containers used for the disposal of rubbish shall have a capacity not exceeding 32 gallons and not weigh more than 50 pounds when filled and placed out for collection. Rubbish which cannot be readily placed in containers must be securely placed into enclosed plastic bags or other weatherproof and durable receptacles not weighing more than 50 pounds nor exceeding 18 cubic feet in capacity. Subject to the aggregate weight limits found in § 38-20D, in no event shall the total maximum weight of rubbish placed out for collection in any given week exceed 250 pounds. No more than 10 containers and/or other receptacles may be placed out for collection on any given collection day by any property owner or its agent. No article of rubbish, such as lumber, shall exceed four feet in length.
[Amended 5-11-1992 by L.L. No. 2-1992]
C.
Exceptions to limitations. The limitations on collections of rubbish set forth in § 38-18A and B shall not apply to firehouses, public libraries and municipal use buildings. Only rubbish produced by the property owner or its agent at the point or place of collection is eligible for collection under this chapter.
[Added 5-11-1992 by L.L. No. 2-1992]
A.
Residential areas.
(1)
Agricultural waste will be collected from residential
areas on regularly scheduled business days designated by the Superintendent
of Public Works. The Superintendent of Public Works may place reasonable
limitations as to the number of containers of agricultural waste that
may be placed for collection in residential areas.
(2)
Containers used for the disposal of agricultural waste shall have a capacity not exceeding 32 gallons and a weight not exceeding 50 pounds when filled and placed out for collection. Subject to the aggregate weight limits found in § 38-20D, in no event shall the total maximum weight of agricultural waste placed out for collection in any given week exceed 250 pounds. No more than 10 containers and/or other receptacles may be placed out for collection on any given collection day any property owner or its agent.
B.
Business areas.
(1)
Agricultural waste will be collected from business
areas on regularly scheduled business days designated by the Superintendent
of Public Works and during regularly scheduled hours designated by
the Superintendent of Public Works. The containers of agricultural
waste that shall be placed for collection in business areas shall
be limited to containers of a type and construction as is hereafter
described and from time to time defined and described by the Superintendent
of Public Works.
(2)
Containers used for the disposal of agricultural waste shall have a capacity not exceeding 32 gallons and not weigh more than 50 pounds when filled and placed out for collection. Subject to the aggregate weight limits found in § 38-20D, in no event shall the total maximum weight of agricultural waste placed out for collection in any given week exceed 250 pounds. No more than 10 containers and/or other receptacles may be placed out for collection on any given collection day by any property owner or its agent.
C.
Exceptions to limitations. The limitations on collections of agricultural waste set forth in § 38-18.1A and B shall not apply to firehouses, public libraries and municipal use buildings. Only agricultural waste produced by the property owner or its agent at the point or place of collection is eligible for collection under this chapter.
It shall be the duty of every person having
the management, control or occupation of any land or building to furnish
a sufficient number of containers for the exclusive use of the land
or building and of a type as may be from time to time defined and
described by the Superintendent of Public Works.
A.
Residential. Subject to § 38-20C, it shall be the duty of the property owner or its agent of all land and buildings located in residential areas within the Village to place any and all containers of garbage, rubbish, agricultural waste, recyclables, etc., upon the curbline in front of the premises owned or occupied by it for collection.
[Amended 5-11-1992 by L.L. No. 2-1992]
B.
Business. Subject to § 38-20C, it shall be the duty of the property owner or its agent of all land and buildings located in business areas within the Village to place any and all containers of garbage, rubbish, agricultural waste, recyclables, etc., upon the curbline in front of the premises owned or occupied by it for collection.
[Amended 5-11-1992 by L.L. No. 2-1992]
C.
The Superintendent of Public Works may from time to
time designate certain residential and business areas where collections
shall be from the rear or side of buildings when readily accessible
to collection vehicles.
D.
The aggregate weight limits for all garbage and/or
rubbish and/or agricultural waste and/or recyclables, etc., placed
out for collection in any week shall not exceed 250 pounds.
[Amended 5-11-1992 by L.L. No. 2-1992]
[Amended 5-11-1992 by L.L. No. 2-1992]
No garbage, rubbish or agricultural waste container
shall be placed for collection before 6:00 p.m. on the day prior to
collection, and containers must be removed from the curbline within
12 hours after collection thereof.
It shall be unlawful for any person to take,
remove, collect or in any manner interfere with or disturb any waste
materials which have been deposited or set out for the purposes of
collection.
[Amended 5-11-1992 by L.L. No. 2- 1992]
Garbage, rubbish, agricultural waste and recyclables
must be placed and maintained in separate containers.
Except as hereafter amended pursuant to § 38-26, all acceptable waste shall be placed in either reusable or single-use-type containers which shall be approved by the Superintendent of Public Works and which shall be kept covered or enclosed at all times. Grease and oil drums are specifically prohibited. The reusable-type container shall be equipped with handles and tight-fitting covers and shall be watertight and shall be kept in a clean, neat and sanitary condition at all times. This section shall apply to both municipal and private sanitation collection.
A.
"Excessive waste" is hereby defined as any acceptable waste, as defined in § 38-16, that exceeds the weekly limitations established in § 38-20D. The Village may, but shall not be obligated to, supply excessive waste collection and disposal. Only present producers of excessive waste will be eligible for Village collection and disposal of same.
B.
The annual fee for individual dumpsters, which dumpsters
shall not exceed in capacity 1 1/2 cubic yards, shall be $1,600 per
dumpster. This fee shall be payable 1/2 in advance and 1/2 six months
thereafter. If fully paid in advance, the annual fee shall be $1,500
per dumpster.
C.
Except as hereafter supplemented in § 38-25E, the annual fee for individual containers, which containers shall be supplied by the Village, shall be $200 per container. This fee shall be payable 1/2 in advance and 1/2 six months thereafter. If fully paid in advance, the annual fee shall be $150 per container.
D.
Acceptable waste placed out for collection in business areas shall be in individual dumpsters or individual containers described in § 38-25B.
E.
The fees for excessive waste may be supplemented,
at any time, in the event that the costs of labor and/or disposal
attributed to the excessive waste is increased above the base year.
"Base year" is defined as:
The Superintendent of Public Works is empowered to adopt such rules and fees as are reasonably necessary to effectuate this article. Notice of a hearing regarding the adoption of any such regulation shall be advertised in a local newspaper at least one week before the date and time scheduled for the hearing. The Village Clerk shall file a proof of such publication before the adoption of any such regulation. Any regulation proposed and adopted by the Superintendent of Public Works pursuant to § 38-17 or 38-18 regarding the frequency of collection or fees shall thereafter be approved by resolution of the Board of Trustees.
No person who is in the business of collecting
acceptable waste (whether or not for a profit) shall remove the same
from within the Village of Valley Stream unless he shall have obtained
a permit from the Village Clerk and shall have agreed to conform to
any rules or regulations established by the Superintendent of Public
Works and also to all the terms and conditions of the Intermunicipal
Solid Waste Agreement between the Town of Hempstead and the Village
of Valley Stream.
Such persons that are authorized by the Village
Code to issue appearance tickets shall be empowered to enforce this
article and all rules adopted pursuant to this article.
[Amended 8-17-1998 by L.L. No. 4-1998]
In addition to any other remedy for an offense
against this article, any person committing an offense against this
article or any provision or section thereof shall be guilty of a violation
punishable by a fine not to exceed $5000 or imprisonment not to exceed
15 days for each such offense, or by both such fine and imprisonment.
All ordinances, local laws or resolutions or
parts of ordinances, local laws or resolutions of the Incorporated
Village of Valley Stream, inconsistent with the provisions of this
article are hereby repealed; provided, however, that such repeal shall
be only to the extent of such inconsistency and in all respects this
article shall be in addition to other legislation regulating and governing
the subject matter covered by this article.
If any section, paragraph, subdivision or provision
of this article shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this article as a whole,
or any part or provision thereof, other than the part so decided to
be invalid or unconstitutional.
