[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook as Ch. 10, Art. II, of the 1967 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 185.
Streets and sidewalks — See Ch. 212.
[Amended 11-2-1992 by L.L. No. 12-1992]
Waste materials, garbage, recyclables and yard waste (subject to § 137-23D) to be collected and disposed of through the Department of Public Works must be contained in receptacles or bundled as herein prescribed and placed near the curbline.
[Amended 5-16-1972 by Ord. No. 72-42; 1-25-1974]
A. 
Waste receptacles must be one of the following:
(1) 
Subject to § 137-2A(6) below, a receptacle of galvanized metal or plastic construction, leakproof, with a watertight cover, with a maximum capacity of 40 gallons, which shall not contain more than 100 pounds when filled to four inches below the top of the receptacle.
[Amended 7-19-1999 by L.L. No. 1-1999; 4-24-2023 by L.L. No. 4-2022]
(2) 
A plastic bag having a gauge of 0.0015, containing not more than 30 pounds of waste material.
(3) 
A paper bag of two-ply adhesive, 30 pounds' weight-strength, extensible-kraft waterproof.
(4) 
A steel container, commonly known as a "dumpster," having the capacity of 1 1/2 cubic yards, mounted on four swivel casters, and of a size and shape to fit or couple with a Mark 3 Heil Collectomatic twenty-cubic-yard truck body.
(5) 
A steel container commonly known as a "dumpster," having a size and capacity suitable and appropriate for picking up by private solid waste disposal contractors.
(6) 
It shall be unlawful for any business, restaurant or commercial establishment which either serves food or has food served at its location to use a waste receptacle made of any material other than galvanized metal or steel construction.
[Added 4-24-2023 by L.L. No. 4-2022]
B. 
Waste receptacles must be maintained covered or closed and in a sound condition, clean and sanitary at all times and free of foul odors.
C. 
A violation of this provision shall be payable by a fine of up to $250.
[Added 4-24-2023 by L.L. No. 4-2022]
It shall be the duty of all persons offering garbage and waste materials for collection through the Department of Public Works to separate combustible and noncombustible materials into separate receptacles.
[Amended 5-16-1972 by Ord. No. 72-42]
All small debris and waste material to be offered for collection through the Department of Public Works, but which cannot be securely bundled and tied or held in cotton or jute bags, must be placed in a metal receptacle, wood basket or fiber drum and shall not weigh in excess of 100 pounds or in the plastic or paper bags authorized by § 137-2 which shall not weigh in excess of 30 pounds.
[Amended 11-2-1992 by L.L. No. 12-1992]
Corrugated boxes and cardboard cartons to be offered for collection and disposal through the Department of Public Works shall be made flat and packed in bundles, securely tied; newspapers (which are to be recycled separately), books, magazines and loose paper shall be securely bundled and tied, and no such bundle shall exceed 50 pounds.
Shredded paper, cuttings of plastics, rags, excelsior and any similar kind of waste materials of a dry nature, to be offered for collection through the Department of Public Works, shall be placed in cotton or jute bags filled to 10 inches below the top, and no such bag shall exceed 50 pounds in weight.
[Amended 5-4-1992 by L.L. No. 8-1992; 2-8-1993 by L.L. No. 2-1993; 4-24-2023 by L.L. No. 3-2022]
A. 
During Eastern Standard Time, all receptacles, bundles of garbage, bulk pickup materials, recyclables and any and all other items or materials for sanitation pickup shall be deposited at curbside not earlier than 5:00 p.m. on the day preceding the day scheduled for collection thereof by the Village or, if collection is by private contractor, not earlier than 5:00 p.m. on the day preceding the day scheduled for collection thereof by the private contractor.
B. 
During Eastern Daylight Savings Time, all receptacles, bundles of garbage, bulk pickup materials, recyclables and any and all other items or materials for sanitation pickup shall be deposited at curbside not earlier than 7:00 p.m. on the day preceding the day scheduled for collection thereof by the Village or, if collection is by private contractor, not earlier than 7:00 p.m. on the day preceding the day scheduled for collection thereof by the private contractor.
C. 
When not placed out for collection in accordance with this section, all waste receptacles shall be stored to the side or rear of the main structure or garage of a property. It shall be unlawful to store a waste receptacle in the front yard of a commercial, industrial, manufacturing or residential property. A violation of this provision shall be payable by a fine of up to $250.
[Amended 5-4-1992 by L.L. No. 8-1992]
The village shall publish such days of village collection once in the official newspaper and shall post such days of collection at or near the main entrance to the office of the Village Clerk. Such days of collection shall become binding upon all persons 10 days after such publication and posting.
[Amended 5-6-1974; 11-2-1992 by L.L. No. 12-1992]
It shall be unlawful for any person to take, remove, collect, disturb or interfere in any way with newspapers, metal cans, materials placed out for bulk pickup, recyclables, yard waste, rubbish, garbage or refuse of any kind from any street, road, avenue, highway or sidewalk in the village, placed there for removal therefrom by the Department of Public Works or authorized collectors.
[Amended 10-7-1985 by L.L. No. 9-1985[1]]
A. 
For all amounts of garbage, rubbish and refuse collected by the Department of Public Works from any multiple dwelling, store, restaurant, manufacturing establishment, place of business or similar premises within the village in excess of 250 pounds and/or in excess of one dumpster per week or five waste receptacles per week or four compacted bags per week, the person or establishment occupying or using the premises from which the same has been collected shall pay the village at a rate of $4 per pickup for each dumpster in excess of one dumpster and at a rate of $1.25 per pickup for each waste receptacle in excess of five for each compacted bag in excess of four. The foregoing charges are subject to revision by resolution of the Board of Trustees.
[Amended 10-6-1986 by L.L. No. 17-1986]
B. 
For the purpose of Subsection A of this section, the Department of Public Works shall compute the amount of excess garbage collected in accordance with the following. A "dumpster" shall be deemed to be a steel container with a capacity of 1 1/2 cubic yards. A "waste receptacle" shall be deemed to be one container of the type authorized by § 137-2A(1) of this chapter, or three containers of the type authorized by § 137-2A(2) or (3) of this chapter.
C. 
The foregoing charges shall be calculated on a basis of the average weight and/or number of dumpsters and/or waste receptacles and/or compactors picked up by the village at each location. Bills rendered for this service shall be paid within 10 days of presentation.
D. 
Removal of skids. In addition to any and all of the charges outlined in Subsection A, a fee of $2 will be charged for the removal of each skid from any premises. Payment must be made by check payable to the Incorporated Village of Lynbrook on the day of pickup. This charge is subject to revision by resolution of the Board of Trustees. These checks will be picked up by the Superintendent of the Department of Public Works or his deputies or any designated employee.
[Added 7-13-1987 by L.L. No. 3-1987]
E. 
Recyclables and yard waste, excess weights and charges shall be established by resolution of the Board of Trustees.
[Added 11-2-1992 by L.L. No. 12-1992]
F. 
Unpaid fees and charges to be added to the tax levy. All unpaid fees or charges for excess accumulation of waste, and municipal or municipality contracted solid waste collection and/or disposal services, including penalties and interest, not paid by May 20 of each year shall be added to the Village tax levy.
[Added 1-22-2024 by L.L. No. 1-2024]
G. 
The Board of Trustees shall annually cause a statement to be prepared setting forth each amount of solid waste disposal and/or collection fees in arrears as of April 20 of each year, a brief description of the property for which or in connection with which such solid waste services were provided and the name and address of the person or corporation liable to pay such amount. Such statement shall be presented to the Board of Trustees, which shall levy such amounts remaining unpaid on the date taxes are levied against the real property for which or in connection with which such solid waste services were provided.
[Added 1-22-2024 by L.L. No. 1-2024]
[1]
Editor's Note: This local law was amended 12-16-1985 by L.L. No. 12-1985 to provide that it not take effect until 4-1-1986. Said L.L. No. 12-1985 was amended 3-17-1986 by L.L. No. 4-1986 to provide that the effective date be changed to 10-1-1986.
The disposal of garbage and waste materials by and through private contractors in the village shall conform and adhere to regulations promulgated by the Board of Trustees after public notice has been posted and published as set forth in § 137-9.
[Added 7-14-1986 by L.L. No. 11-1986]
A. 
Any accumulation of refuse and any waste building materials in excess of ordinary accumulation thereof resulting from failure of any person to comply with any provision of this chapter or from his failure to take advantage of the regular collection service maintained by the village shall be removed by such person at his or her own expense. The Superintendent of the Department of Public Works or his designee shall determine in his sole discretion whether such excess accumulation exists.
B. 
On scheduled days, the Department of Public Works will collect all classes of refuse from the premises in accordance with the limitations set forth pursuant to this chapter, but where amounts in excess of specified limitations are placed for collection, the Department of Public Works reserves the right to refuse the material, to defer the collection, to collect the material in part or to make a special collection thereof at charges authorized by the Department of Public Works.
C. 
The Department of Public Works is hereby authorized and directed to establish charges for special collection, based on the personnel and equipment required therefor, plus a reasonable overhead.
[Added 7-14-1986 by L.L. No. 15-1986[1]]
A. 
Definitions. For the purpose of this § 137-15, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural include the singular number; and words in the singular include the plural number. The word "shall" is always mandatory and not merely directory.
COLLECTION VEHICLE
A vehicle designed, built and used for the purpose of collecting refuse.
D.P.W.
Refers to the Village Superintendent of Public Works or his deputy or any other designated representative of the Village Superintendent of Public Works.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food and readily combustible material, such as paper, cardboard, wood, excelsior, cloth, food cans, glass or plastic food containers, bottles and recyclables.
[Amended 11-2-1992 by L.L. No. 12-1992]
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.
OPERATE
To pick up, collect, load or otherwise perform collection of refuse.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PROPERTY
Any property other than that used as a public highway.
REFUSE
All putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes and recyclables.
[Amended 11-2-1992 by L.L. No. 12-1992]
RUBBISH
Nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes, such as yard clippings, metals, glass, bedding, crockery, recyclables and similar materials.
[Amended 11-2-1992 by L.L. No. 12-1992]
SOLID WASTE
All materials described as garbage, rubbish, ashes, refuse, yard waste and recyclables.
[Amended 11-2-1992 by L.L. No. 12-1992]
VILLAGE
The Incorporated Village of Lynbrook.
B. 
Except in the case of municipalities, sanitary districts, collection districts, school districts or fire departments, it shall be unlawful for any person to operate, engage in, conduct or cause the operation of a business engaged in the collection of garbage or disposal of refuse, offal, dead animals, recyclables and similar materials or any other offensive or noxious material without having first obtained a license from the village as well as a permit, if required, pursuant to provisions of the Public Health Ordinance of the Nassau County Health Department. Every license issued hereunder shall be issued as of the first day of January or subsequent day of issuance and shall expire on the 31st day of December next succeeding said date, unless sooner suspended or revoked by the Village Board.
[Amended 11-2-1992 by L.L. No. 12-1992]
C. 
Compliance; report.
[Added 11-2-1992 by L.L. No. 12-1992[2]]
(1) 
Every person engaged in the business of the collection of garbage, refuse, rubbish, recyclables and other similar materials, performing work or providing services to any property, premises or place within the village (referred to in this subsection as a "private carter") must comply with the recycling and source-separation regulations set forth in this chapter, and must demonstrate, in written form prescribed by the Village Clerk, that such person has an existing and active recycling program, prior to the issuance of a license. Such recycling program must address and provide for the recycling of all recyclable material as defined in this chapter and as may be amended by resolution of the Board of Trustees. The Board of Trustees may by resolution amend the list of recyclables, and upon written notification to the private carters of any such amendment, such private carter shall implement such amendments within 30 calendar days of mailing of such notification to such private carter. Failure to implement the required amendment(s) shall be sufficient reason to suspend the operator's license pursuant to § 137-15H.
(2) 
All private carters operating within the village shall submit a written recycling report monthly to the Superintendent of Public Works. Said report is due on the fifth calendar day of each month and shall identify the name and address of the private carter and all recyclables with their respective weights collected within the village during the immediately preceding month and the total weight of all solid waste collected and removed by the private carter within the village for such month, or such other information as the village deems necessary. Failure to submit the monthly report, as cited, shall be sufficient reason to suspend the private carter's operating license within the village. Monthly reports shall be filed on the form prescribed by the village.
[2]
Editor's Note: This local law also relettered former Subsection C through Q to Subsections D through R. respectively.
D. 
License procedure. Every person who desires to engage in or conduct the business of the collection of garbage, refuse, rubbish, recyclables and similar material, and every person who shall be employed as a driver by a person engaged in such business within the village, shall file a written, verified application with the Village Clerk on forms provided for that purpose verifying the following information.
[Amended 11-2-1992 by L.L. No. 12-1992]
E. 
The application form is to provide:
(1) 
The name and address of the applicant specifying in the case of any unincorporated association the names and addresses of each member thereof, and, in the case of any corporation, the names and addresses of each shareholder [holding 10% or more of the stock of the corporation], officer and director thereof.
(2) 
If the applicant conducts business under a trade name or if the applicant is a partnership, a copy of the trade name or partnership certificate duly certified by the Clerk of the county in whose office the certificate was filed.
(3) 
The age and citizenship of the applicant and each member thereof, if an unincorporated association, and each shareholder [holding 10% or more of the stock of the corporation], officer and director thereof, if a corporation.
(4) 
The experience of the applicant and each member thereof, if an unincorporated association, and each shareholder [holding 10% or more of the stock of the corporation], officer and director thereof, if a corporation, in the business of collection and disposal of refuse and similar material.
(5) 
The number of collection vehicles to be operated by the applicant and a description of each such vehicle, including the ownership of the vehicle, the make, year, model of chassis and body type, the cubic capacity or tare weight, the color of the vehicle, the current New York State registration number and the community or communities in which the vehicle will operate.
(6) 
The approximate volume of tonnage each vehicle will handle per day.
(7) 
The location of any and all terminals proposed to be used by the applicant for the storage of licensed vehicles.
(8) 
The applicant's proposed daily route and pickup schedule for each area and building to be serviced in the village. Within 30 days of occurrence, any changes in the daily route and pickup schedule shall be reported, in writing, to the Village Clerk.
(9) 
The name, address and telephone number, both day and night, of the applicant or the person in charge of the business.
(10) 
A listing of the present customers serviced by each vehicle.
(11) 
The hours and days each vehicle will operate within the village.
(12) 
Any other relevant information the Village Clerk may require.
F. 
Additional requisites for obtaining and holding a license for solid waste disposal businesses shall be as follows:
(1) 
Photographs. Two individual photographs of each officer and director, if a corporation, or each partner or sole proprietor taken within 30 days prior to the date of the application, 1 1/2 by 1 1/2 inches in size, which must be a true likeness of the applicant, showing neck, shoulders and uncovered head.
(2) 
Fingerprinting. The applicant [as in Subsection F(1)] must be fingerprinted under the direction and supervision of the Police Chief.
(3) 
Police investigation. The Village Clerk shall refer the application to the Village of Lynbrook Police Department for investigation and report thereon.
(4) 
Ownership of corporate stock of licensee. All capital stock of a corporate licensee shall be issued only to and in the name of the true owner thereof. A person shall not hold stock in a corporate licensee, directly or indirectly, for the use or benefit of another person.
(5) 
Change of ownership of corporate stock. In the event of any change of ownership of any of the capital stock of a corporate licensee, the licensee of record must notify the Village Clerk of such change within three days after such change occurs.
(6) 
Insurance. Before a license may be issued by the Village Clerk, each applicant shall file with the Village Clerk proof of the following insurance coverage consisting of a certificate of the insurance carrier:
(a) 
Worker's compensation insurance.
(b) 
Disability benefits insurance.
(c) 
Public liability insurance with minimum limits of $100,000 for each person injured and $300,000 for each accident.
(d) 
Property damage insurance in the sum of $50,000.
(7) 
Deposit. Before a license may be issued by the Village Clerk, each applicant shall place a cash deposit of $1,000 with the Village Clerk.
(a) 
In the event that a licensee fails to pick up and remove any of the materials described herein, in accordance with the licensee's route and pickup schedule as filed with the Village Clerk, within 24 hours of the day provided herein, the DPW may cause such pickup and removal to be made, and all costs incurred in connection therewith shall be deducted from said cash deposit.
(b) 
Said cash deposit shall at all times be maintained by each licensee in the sum of $1,000, and upon the failure of any licensee to maintain said deposit after three days' notice and demand therefor, the Village Clerk may forthwith suspend the license of any such licensee. In addition, for any violation of this subsection, such licensee shall be subject to suspension or revocation of his license and all other penalties provided herein. This subsection shall apply only to those licensees engaged in the business of the private collection of refuse.
(8) 
Duty to keep records. Every licensee shall keep complete and accurate books of account with respect to the operation of his business, in which shall be entered and shall show, among other things, all income derived or received from each of his customers and/or other sources, together with details of all expenses and disbursements made or incurred in the operation of his business. Such books of account shall be kept current on a monthly or quarterly basis and brought up to date not later than 30 days after the expiration of such period. All such records shall be retained by the licensee for at least three years.
(9) 
Right of inspection. The Village Clerk shall have the right to inspect books of account and records maintained by the licensee.
G. 
Application requirements for each driver shall be as follows:
(1) 
The name, address, driver's license number and type of license of each driver to be employed by the applicant, which driver will operate any of the applicant's vehicles in the Village of Lynbrook.
(2) 
Photographs. Two individual photographs of the applicant taken within 30 days prior to the date of the application, 1 1/2 by 1 1/2 inches in size, which must be a true likeness of the applicant, showing neck, shoulders and uncovered head.
(3) 
Fingerprinting. The applicant must be fingerprinted under the direction and supervision of the Village Clerk and the Police Department. When the application form has been completed, the applicant shall present himself or herself to an officer of the Lynbrook Police Department to be fingerprinted. A copy of such fingerprints shall be sent to the Division of Criminal Justice Services, Albany, New York (hereinafter "DCJS"), requesting a fingerprint search, together with the fee required by the DCJS, in such form of payment as is acceptable to the DCJS, which fee shall be provided by the applicant. The DCJS reply shall be reviewed by the Chief of Police or member of the Police Department. No license shall be issued to a person who has been convicted of a felony or of any crime involving fraud or fraudulent practices or the illegal use, sale or possession of marijuana or a controlled substance or for a violation, during the five years immediately preceding the application for a license, of § 1192 of the Vehicle and Traffic Law of the State of New York.
[Amended 4-12-1993 by L.L. No. 4-1993; 7-18-1994 by L.L. No. 6-1994]
H. 
Granting or revoking licenses by the Village Clerk.
(1) 
A license shall not be issued to an applicant, unless the Village Clerk is satisfied that:
(a) 
All character references have been reviewed and approved.
(b) 
The applicant has sufficient experience to function as a licensee.
(c) 
The applicant is financially responsible.
(d) 
Issuance of a license to the applicant who will not tend toward destructive competition in a market already adequately served.
(e) 
Issuance of a license is in the public interest.
(2) 
Additional reasons for license refusal, suspension or revocation. A license will be refused, suspended or revoked where one or more of the following situations is found to exist:
(a) 
The applicant or licensee has failed and refused, without reasonable cause, to collect and dispose of garbage and rubbish, except in a situation where a contract has been lawfully terminated.
(b) 
The applicant or licensee has failed to account or pay, without reasonable cause, any disposal bills to D.P.W. or other disposal agencies.
(c) 
The applicant or licensee has failed to reasonably fulfill his obligations as a private refuse collector to a customer.
(d) 
The applicant or licensee is insolvent or has made a general assignment for the benefit of creditors or has been adjudged as bankrupt, or a money judgment has been secured against him, upon which an execution has been returned wholly or partly unsatisfied.
(e) 
The applicant or licensee has failed to keep and maintain records or has refused to allow the inspection thereof as otherwise provided in this chapter.
(f) 
The applicant or licensee has violated any of the provisions of this chapter.
(g) 
The applicant or licensee has ceased to operate as a private refuse collector, for which a license was previously issued.
(3) 
Decision to file. Whenever an application or a license is granted, denied, suspended or revoked, the Village Clerk shall file a written memorandum stating the reasons for the granting, denial, suspension or revocation, as the case may be, of the particular license, together with transcripts or other written information applicable thereto.
I. 
License issuance. If the Village Clerk shall find from the statements contained in the application that the applicant is qualified and able to conduct the business of collection of refuse and similar material and conforms to the provisions of this chapter and the rules and regulations adopted hereunder, then the Village Clerk shall issue a license stating the name and address of the applicant the number of collection vehicles the applicant is authorized to operate and the date of the issuance thereof, which license shall be for the calendar year in which the license is issued.
J. 
License sticker. The Village Clerk, when issuing a license, shall also issue a vehicle license for each collection vehicle, which shall be firmly affixed on the left-hand side of each vehicle near the cab thereof.
K. 
Surrender of license. Upon the sale, dissolution, suspension or discontinuance, whether voluntary or involuntary, of the business of a licensee, it shall be the duty of such licensee to forthwith surrender to the Village Clerk the license issued to him.
L. 
Licensee identification. Each vehicle licensed pursuant to this chapter shall have on the outside of each door of the cab the name and address of the licensee in letters not less than four inches in height, either painted thereon or otherwise securely affixed thereto.
M. 
Sale, transfer or assignment of a licensed private refuse collection vehicle.
(1) 
In the event of the sale, transfer or assignment of the right, title and interest of a licensed private refuse collection vehicle, the seller, transferor or assignor shall be required to surrender the license to the Village Clerk within five days after such sale, transfer or assignment, together with a sworn statement giving particulars regarding the sale, transfer or assignment, including the name and address of the purchaser, transferee or assignee.
(2) 
In the event that the new owner, transferee or assignee of the vehicle or vehicles previously licensed, as provided herein, desires to have said license reissued in his name, he shall file an application in the manner provided herein.
N. 
Licensing fees for private refuse collection. Private refuse collection license fees shall be in such amounts as set by resolution of the Board of Trustees for:
[Amended 12-2-2002 by L.L. No. 6-2002]
(1) 
Refuse collection owner's license.
(2) 
Refuse collection driver's license.
(3) 
Refuse collection truck license.
O. 
Appeals.
(1) 
The holder of any license which has been suspended or revoked and any applicant who shall have been denied a license under this chapter may apply for a review of the action of the Village Clerk as hereinafter provided:
(a) 
The application for review shall be in writing, signed and acknowledged by the applicant, and shall state the ground or grounds on which the applicant claims that the determination of the Village Clerk was erroneous.
(b) 
Said application shall be filed with the Village Clerk by the applicant within 20 days after notice of denial of his application has been mailed to him or delivered to him in person.
(c) 
Upon filing of the application, a hearing shall be held thereon, pursuant to the provisions of Subsection P hereof.
(d) 
At the hearing, as hereinafter provided, the Review Board shall consider the applicant's application upon the record before the Village Clerk in connection with the Village Clerk's consideration thereof and, in its discretion, may receive new or additional evidence in support thereof or in opposition thereto.
(2) 
The Review Board, after the hearing, may affirm the action of the Village Clerk or direct the Village Clerk to issue a proper license, pursuant to this chapter.
P. 
Hearings. Whenever it shall be provided herein that a hearing shall or may be held with respect to any matter:
(1) 
The hearing shall be held on a date, at a place and hour, designated by the Mayor.
(2) 
The Village Clerk shall give notice thereof, stating the name and address of the applicant or license holder concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant or license holder concerned at the address shown upon the most recent application of such applicant or licensee, at least 10 days prior to said hearing.
(3) 
If an applicant or licensee requests a hearing, the Mayor shall designate two or more members of the Village Board to conduct said hearing as a Review Board.
(4) 
The applicant or license holder involved shall be entitled to be represented by legal counsel to the present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
(5) 
All witnesses shall be sworn and examined under oath.
Q. 
Regulations for the operation of private refuse and recyclable collection vehicles in the village.
[Amended 11-2-1992 by L.L. No. 12-1992]
(1) 
It shall be unlawful to dispose of any refuse collected within the village at any location other than that so designated by the Village Board of Trustees or at any Town of Hempstead disposal facility at which the licensee has been authorized to make disposal.
(2) 
Private collection vehicles shall operate only between 7:00 a.m. and 12:00 noon, Monday through Saturday, excluding holidays as otherwise provided.
(3) 
No collection whatsoever shall be made on Sundays or the following holidays:
(a) 
New Year's Day.
(b) 
Memorial Day.
(c) 
Independence Day.
(d) 
Labor Day.
(e) 
Thanksgiving Day.
(f) 
Christmas Day.
(4) 
Garbage collection vehicles shall be completely enclosed and watertight.
(5) 
Rubbish collection vehicles wherein no garbage is transported may be of an open refuse collection type, provided that such vehicle is fitted with suitable canvas or other cover to prohibit any material being discharged from it while vehicles are in transit.
(6) 
Collections are to be made in such manner as not to permit debris, litter and the like from the collection procedure to fall upon property, public or private, or upon any highway within the village.
(7) 
Vehicles designed or known as "rear loaders" or "rear load packers" shall be completely closed in transit, either by the 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.
(8) 
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.
(9) 
All private collection vehicles shall perform and operate on Department of Public Works properties in accordance with the rules and regulations of the Department of Public Works.
(10) 
Collection vehicles shall be subject to inspection at any time by authorized representatives of the Department of Public Works, peace officers. Village of Lynbrook police or Nassau County police, for the purpose of enforcement of this chapter. All persons or their employees shall be required to give aid and cooperation when required by such personnel in the performance of the enforcement of this chapter.
(11) 
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.
(12) 
All vehicles shall be properly identified by the persons operating such vehicles, including names and addresses.
R. 
Penalties.
(1) 
An offense against any provision of this § 137-15 is a Class B misdemeanor, punishable by a fine not exceeding $500 or imprisonment for a period not exceeding three months, or by both such fine and imprisonment.
(2) 
Each day an offense against this chapter shall be permitted to exist shall constitute a separate offense.
[1]
Editor's Note: This local law also provided that it shall take effect 10-1-1986.
[Added 11-2-1992 by L.L. No. 12-1992]
The Board of Trustees of the Village of Lynbrook declares and finds that the conservation of recyclable and reusable materials is now a necessity in our society in order that we may conserve our natural resources and, further, that we may make better use of those recyclable materials, and whereas the cost of solid waste disposal is ever increasing and available disposal sites and landfills are rapidly decreasing, and whereas there are recyclable uses for solid waste that might otherwise be destroyed, it is the intention of the Village of Lynbrook to establish a mandatory program for the disposal of recyclable materials through source separation and segregation of recyclables from garbage and solid waste. Such a program will reduce both the amount of solid waste to be disposed of and the cost of landfill disposal and will benefit the environment. In addition, the separation, collection and disposal of recyclables in this manner will reduce the ultimate cost of solid waste disposal in the Village of Lynbrook.
As used in this chapter, the following terms shall have the meanings indicated:
ECONOMIC MARKETS FOR ALTERNATE USES
Those markets which exist when the fully avoided costs of proper collection, transportation and disposal of source-separated materials are equal to or greater than cost of collection, transportation and sale of said material less the amount received from the sale of said material as determined by the Board of Trustees.
RECYCLABLE, RECYCLABLES OR RECYCLABLE MATERIAL
Discarded material and/or material left for collection, which may be reclaimed and/or reused in a manner for which there is an economic market for alternate uses and which is comprised of certain varieties of paper, glass, metal or plastic and which is further defined as follows:
A. 
Paper which is clean, unsoiled and tied with string or twine and limited to newsprint, including all newspapers and newspaper advertisements, supplements, comics and enclosures.
B. 
Glass.
(1) 
As follows:
(a) 
Clear (flint) glass containers, bottles or jars which are empty, rinsed clean and their lids or tops removed. Clear glass is glass which contains no coloring of any kind.
(b) 
Colored glass containers, bottles or jars which are empty, rinsed clean and their lids or tops removed. Colored glass is glass which is not clear glass and which contains a coloring or tint.
(2) 
All other glass, including glass containers which held toxic substances, is considered nonrecyclable. Examples of nonrecyclable glass are mirrors, china, drinking glasses, dishes, ceramics and glass containers which held solvents and oil-based paint. Nonrecyclable glass shall be disposed of in accordance with procedures established by the Board of Trustees.
C. 
Metals.
(1) 
As follows:
(a) 
Ferrous and bimetal cans and lids, including beverage and food cans which are empty and rinsed clean.
(b) 
Aluminum, tin and steel cans and lids, including beverage and food cans which are empty and rinsed clean.
(2) 
Metal containers which contained a toxic substance are not recyclable and shall be disposed of in accordance with procedures established by the Board of Trustees.
(3) 
Examples of metals which should not be placed out for regular recycling collection include, but are not limited to, aerosol cans, appliances, tire rims, lawn chairs, metal containers which contained toxic materials, motor or other inedible oils, gasoline or gasoline products, oil-based paints, solvents and pesticides.
D. 
Plastics, as follows:
(1) 
Plastic containers which:
(a) 
Were used to hold food, beverages and other household commodities, but not toxic substances;
(b) 
Are empty, rinsed clean with their lids or tops removed;
(c) 
Contain the recyclable symbol designation "1" (polyethylene terephthalate) or "2" (high density polyethylene) in the recyclable triangle on their bases; and
(d) 
Are constructed so that the base of the container is wider than the top opening so that the container is designed with a neck.
(2) 
Examples of nonrecyclable plastics include margarine tubs, plastic cups, yogurt cups, plastic toys, plates and containers which held toxic materials. Nonrecyclable plastics shall be disposed of in accordance with procedures established by the Board of Trustees.
RECYCLING CONTAINER
The container into which certain specific recyclables must be placed as designated by resolution of the Board of Trustees.
SOLID WASTE
All materials placed out for collection or to be discarded or disposed of.
SOURCE SEPARATION
The separation of recyclable materials and yard waste from the solid waste stream at the point of waste generation.
STREET LEAF PICKUP
Collection of unbagged leaves only from the street area in front of the curb or curbline of a property by the Lynbrook Department of Public Works on specifically designated and posted dates.
YARD WASTE
Leaves, grass clippings, shrubs, tree prunings and other similar yard debris.
The Board of Trustees may, by resolution:
A. 
Adopt and amend such rules and regulations as are necessary to effectuate §§ 137-16 through 137-26.
B. 
Determine a material to be recyclable for which there is an economic market for alternate uses or determine that a material is no longer recyclable and may adopt rules and regulations for the recycling, collection and separation of any additional recyclable materials or any materials that are determined to be no longer recyclable.
C. 
Establish regulations for yard waste disposal.
The Board of Trustees shall, by resolution, implement source-separation and recycling requirements in whole, in part or in stages and may, by resolution, delay the implementation of source-separation and recycling requirements in whole or in part.
A. 
It shall be the responsibility of each property owner and each occupant of the village to source-separate recyclables and to ensure that all recyclable materials are separated from other discarded materials and are cleaned or otherwise prepared for collection in accordance with this chapter and in accordance with the rules and regulations established by the Board of Trustees or the Superintendent of Public Works. All recyclable material must be placed in the proper recycling containers or put out by proper method, as established by the Board of Trustees, when placed at curbside for collection.
B. 
It shall be unlawful for any person to collect, remove or dispose of solid waste which consists of recyclables combined with other forms of waste or to dispose of recyclables as regular garbage after the date set by resolution of the Board of Trustees for implementation of mandatory recycling and source separation.
C. 
Newspapers must be tied with string or twine in bundles not to exceed one foot in thickness.
D. 
All recyclables and yard waste shall be subject to the limits for weight, volume, size and number of containers established by the Board of Trustees.
E. 
Any containers which once held toxic materials must be disposed of through facilities authorized by law to accept such containers.
A. 
Each recyclable shall be placed only in the container designated for such specific recyclable material. The specific container or type of container to be used, or the method of source separation if there is no specific container designated, shall be determined and established by the Board of Trustees.
B. 
With respect to nonresidential properties and multiple dwellings, the Board of Trustees shall determine and establish the type of recycling container and the recycling procedures and methods to be used and may require the labeling or marking of the containers for collection by the Department of Public Works.
C. 
Property owners and occupants must maintain the recycling containers in a clean, sanitary and sound condition, free of foul odor and shall mark each container with their street address.
A. 
The days of collection of recyclables and yard waste shall be established by the Board of Trustees.
B. 
Recyclables and yard waste shall be placed at curbside at the time of day set forth in § 137-8 or at such other time as may be established by the Board of Trustees.
C. 
Recycling containers shall be retrieved as set forth in § 137-10 or as may be established by the Board of Trustees.
D. 
Yard waste must be bagged or tied and placed at curbside for collection only on the days designated and established by the Board of Trustees. Yard waste, whether bagged, tied or loose, shall not be placed or moved into the street by any means. Loose leaves shall not be placed or moved into the street by any means until after the specific neighborhood in which the property is located is posted with dates of collection by special street leaf pickup. Such dates of collection shall be designated by the Superintendent of the Department of Public Works.
E. 
Metals that are not designated as recyclable shall be placed out for bulk pickup collection or, as appropriate, disposed of as toxic, in accordance with the procedures and methods set forth in this chapter or as established by the Board of Trustees.
Notwithstanding any other provisions of this chapter, used motor oil shall be disposed of only by delivery to a service station or other facility which is required or authorized by law to accept used motor oil.
It shall be unlawful for:
A. 
Any person, other than those persons lawfully authorized, to collect any designated recyclable or remove any articles from any recycling container which have been placed at curbside for collection or at a dropoff point.
B. 
Any person to violate or to cause or assist in the violation of any provision of this chapter or of any rule, regulation or resolution promulgated by the Board of Trustees or the Village of Lynbrook pursuant to this chapter.
C. 
Any person to place or cause to be placed any material other than a designated recyclable in a recycling container placed at curbside for collection or at a dropoff point.
A. 
In the event that an owner or occupant of property within the Village of Lynbrook fails to source separate and prepare recyclable materials for collection in accordance with this chapter after being given reasonable notice of these requirements, collection of all solid waste from such property may be suspended until such time as the owner or occupant can demonstrate compliance with the provisions of this chapter. Such compliance can be demonstrated by placing properly separated and prepared recyclable materials for collection as provided in this chapter.
B. 
In addition to the provisions of Subsection A, failure to comply with any of the provisions of this chapter, except § 137-15, shall be deemed a violation. Each day that such violation exists shall constitute a separate offense. Such offense shall be punishable by a fine and/or imprisonment in accordance with the following schedule:
(1) 
For a first violation, by a fine not to exceed $50.
(2) 
For a second violation, both of which were committed within a period of one year, by a fine not to exceed $100.
(3) 
For a third or subsequent violation, all of which were committed within a period of one year, the penalty shall be in accordance with § 1-15A of the Code of the Village of Lynbrook.
C. 
The penalty for failure to comply with any provision of § 137-15 shall be as set forth in § 137-15.