[Adopted 3-28-1960 by Ord. No. 6.1 of the Unified Code of Ordinances of 1960 (Ch. 52, Art. I, of the
1968 Code)]
For the purpose of Articles I and III, the following words and phrases shall have the meanings ascribed to them in this section:
The residue from the burning of wood, coal, coke or other
combustible materials.
Either a dumpster or compactor container, used for the bulk
storage of garbage and other waste materials, that can be hauled directly
to a point of disposal or emptied into a larger container for transport
and disposal.
[Added 9-14-1998 by L.L. No. 12-1998]
The refuse collection and disposal department of the Incorporated
Village of Patchogue.
Animal, vegetable, fruit or similar organic wastes liable
to become putrid, including wastes resulting from the handling, preparation,
cooking or storage of foods, inorganic wastes, such as tin cans and
bottles, that have contained food materials and dead animals.
Land, buildings or other structures, vehicles, watercraft
or parts thereof upon or in which refuse is stored.
All solid wastes, including garbage, ashes, rubbish and yard
waste, but not including human body wastes.
[Amended 9-12-1983 by L.L. No. 26-1983]
All other solid wastes, other than ashes, garbage and yard
waste, including but not limited to paper, cardboard, wood, plastics,
furniture, beds, glass, metals, cloth, mattresses, rags, appliances,
carpeting, crockery and porcelain.
[Amended 9-12-1983 by L.L. No. 26-1983; 3-13-1995 by L.L. No. 4-1995]
All trash, refuse, junk and discarded items, including rubbish.
[Added 9-14-1998 by L.L. No. 12-1998]
Refuse resulting from the collection and disposal of natural
items indigenous to the exterior portions or yards of residential
premises, such as branches, tree trimmings, hedge clippings, grass
cuttings, leaves and other such natural material. Bundled newspapers
may be included.
[Added 9-12-1983 by L.L. No. 26-1983]
There is hereby created a Department of Public
Works which shall be under the supervision and control of the Superintendent
of Public Works. The Superintendent of Public Works shall have the
responsibility for the operation and maintenance of the incinerator
plant and for the collection and disposal of refuse by the Department
of Public Works. The Superintendent of Public Works is hereby empowered
to make and publish regulations implementing this ordinance, concerning
such matters as the days for the collection of garbage, ashes and
rubbish, the location of refuse containers and all other matters relating
to the storage, collection and disposal of refuse which he deems advisable,
provided that such regulations are not contrary to the provisions
of this ordinance.
A.
The owner or his agent or the occupant of any premises
within the Incorporated Village of Patchogue shall be responsible
for the sanitary condition of the premises owned or occupied by him,
and it shall be unlawful for any person to place, deposit, store or
allow to be placed, deposited or stored any refuse on his premises
except in accordance with the provisions of this ordinance.
B.
The owner or his agent or the occupant of any premises
within the Incorporated Village of Patchogue shall be responsible
for the cleanliness of the sidewalk and gutter in front of and/or
adjoining his premises, and it shall be unlawful for any person to
place, deposit, store or allow to be placed, deposited or stored any
refuse on or in any sidewalk or gutter except in containers especially
provided for such purpose by the Superintendent of Public Works or
to allow any refuse to remain placed, deposited or stored upon the
sidewalk or gutter in front of and/or adjoining his premises except
in such containers.
[Amended 4-13-1981 by L.L. No. 8-1981]
C.
The owner or his agent or the occupant of any premises
used for business or commercial purposes within the Incorporated Village
of Patchogue shall sweep clean the sidewalk and gutter in front of
and/or adjoining his premises before 10:00 a.m. of each day, except
Sundays and legal holidays.
D.
No person shall place, deposit or store any refuse
on or in any street, highway, avenue, drain, ditch, watercourse or
body of water or other public place within the Incorporated Village
of Patchogue except in containers especially provided for such purpose
by the Superintendent of Public Works, and in no event upon the premises
of another except with the consent of the owner or occupant thereof.
E.
Any person responsible for refuse on premises not
served by the Department of Public Works or for refuse not acceptable
for collection by the Department of Public Works shall make suitable
arrangements for the collection and disposal of such refuse.
F.
In the event of a violation of any of the provisions
of this section which shall, in the opinion of the Mayor, the Village
Clerk or the Superintendent of Public Works, be a hazard to the health,
safety or well-being of the community, a notice directed to the owner
or occupant of the premises upon which such violation occurs may be
served, either personally or by posting same on said premises, directing
the removal of all material upon the premises in violation of this
section within 24 hours. In the event that such material is not removed
within 24 hours from the date of service or posting of said notice,
the Village Department of Public Works may enter upon the premises,
remove said material and charge the entire cost of said removal against
the premises, and said charge shall also be a lien upon said premises.
[Added 3-26-1974 by L.L. No. 5-1974]
G.
Notwithstanding anything contained in this chapter
to the contrary, the occupants of residential premises served by the
Department of Public Works may place or cause to be placed at the
street or curbline of their premises yard waste and rubbish originating
on said premises and resulting from the delivery or discarding of
household goods and furnishings, subject to the following rules and
regulations:
[Added 4-13-1981 by L.L. No. 8-1981;
amended 9-12-1983 by L.L. No. 26-1983]
(1)
Leaves must be placed in paper bags and brought to
the curb, except from October 15 to December 21. During that period,
the Village will pick up unbagged leaves brought out to the curb.
[Amended 3-24-1997 by L.L. No. 6-1997; 5-11-1998 by L.L. No.
6-1998]
(2)
All branches, tree trimmings and hedge clippings shall
be cut into lengths no more than three feet and tied together.
(3)
The doors of all refrigerators and/or food freezers
shall be removed prior to being placed out for pickup.
(4)
No more than six thirty-two-gallon containers of yard
waste shall be placed out for collection in any one week. Bundled
or tied items shall not exceed 50 pounds in weight, and each such
bundle shall be considered to be a thirty-two-gallon container. No
container shall weigh more than 50 pounds.
(5)
All newspapers shall be securely tied in bundles.
A.
All refuse on premises served by Department of Public
Works shall be separated and stored in the following manner:
(1)
Garbage shall be drained and stored in durable, rust-resisting,
nonabsorbent, watertight and easily washable containers which shall
have close-fitting covers and adequate handles or bails to facilitate
collection and which shall be not less than 10 gallons nor more than
30 gallons in capacity.
(2)
Ashes shall be stored in fire-resistant containers
with close-fitting covers. Such containers shall be equipped with
adequate handles to facilitate collection and shall be not greater
than 20 gallons in capacity. Ashes containing hot embers shall not
be placed in containers for collection.
(3)
Rubbish shall be stored in durable containers with
close-fitting covers, except that bulky rubbish such as tree trimmings,
newspapers and collapsed boxes and crate's may be compactly and securely
tied and bundled so as to be easily handled and not likely to be scattered,
but not to exceed three feet in length nor more than 50 pounds in
weight, and when so tied and bundled may be stored beside the containers.
B.
Refuse on premises not served by the Department of
Public Works shall be stored in large suitable containers approved
by the Superintendent of Public Works for bulk collection.
C.
Refuse containers on all premises shall be kept covered
at all times except while refuse is actually being placed or deposited
in such containers, and it shall be unlawful for any person to in
any manner disturb such containers or to remove the covers or the
contents from such refuse containers except in accordance with the
provisions of this ordinance.
D.
Notwithstanding any of the foregoing provisions of
this section, grass cuttings, leaves and other inoffensive materials
may be stored in heaps or piles within barriers constructed of boards,
slats or wire for reduction to compost for use on the premises, provided
no odors are permitted to emanate therefrom or other nuisances to
develop.
Refuse containers shall be maintained free from
odor and in clean and good condition by the owner thereof. In the
event a container on premises served by the Department of Public Works
becomes dangerous or is liable to injure or hinder the person collecting
the contents thereof, the said container shall be replaced by the
owner thereof with a proper and safe container within one week after
the receipt of a written notice from the Superintendent of Public
Works.
The Superintendent of Public Works or any other
person authorized by the Board of Trustees shall have the power to
enter, at reasonable times, upon any premises for the purpose of inspecting
and investigating conditions relating to the enforcement of the provisions
of this ordinance.
The Department of Public Works shall collect
and dispose of all refuse acceptable for collection from all single-family
and multifamily dwellings occupied exclusively for residential purposes
by not more than five families living independently of each other,
including but not limited to apartment houses and dwellings in which
not more than four persons are lodged without meals by any one family.
Every owner or occupant of such premises is hereby required to make
use of the refuse collection and disposal system provided by the Incorporated
Village of Patchogue.
All refuse to be collected by the Department
of Public Works shall be placed, deposited or stored on the ground
level in one easily accessible location within 100 feet of the street
line of the premises, and the path thereto shall be kept free of snow,
ice or any other obstruction or hazard. The Department of Public Works
shall not enter any building or structure to collect refuse nor enter
any premises which will expose any person collecting refuse to any
unnecessary danger or hazard.
The following refuse shall not be considered
acceptable for collection by the Department of Public Works:
A.
Materials resulting from the repair, construction,
alteration or excavation of buildings or structures, streets or sidewalks,
such as earth, plaster, mortar, concrete, bricks, lath and roofing
materials.
B.
Dangerous materials or substances, such as poisons,
acids, caustics, infected materials and explosives.
C.
Materials which have not been prepared in accordance
with the provisions of this chapter.
D.
Solid wastes resulting from industrial processes.
[Amended 9-12-1983 by L.L. No. 26-1983]
A.
All refuse shall be collected by the Department of
Public Works according to the following schedule:
B.
No collection shall be made on legal holidays, and
the weekly collection schedule shall be reduced and/or changed accordingly.
C.
No rubbish shall be placed out for pickup on Tuesday
after the hour of 6:00 p.m. and prior to 7:00 a.m. of the next day,
unless an appointment has been made with the Department of Public
Works. No yard waste or bundled newspapers shall be placed out for
pickup except on Tuesdays after the hour of 6:00 p.m. and prior to
7:00 a.m. of the next day. In the event that the Board of Trustees
has designated a day other than a Wednesday for the pickup of rubbish
or yard waste, then no such refuse shall be placed out for pickup
except on the day previous to that designated by the Board of Trustees
after the hour of 6:00 p.m. and prior to 7:00 a.m. on the designated
day.
[Amended 6-22-1992 by L.L. No. 10-1992]
A.
The monthly charge for the collection and disposal
of refuse by the Department of Public Works shall be as set from time
to time by resolution of the Board of Trustees.[1]
[Last amended 4-29-2002 by L.L. No. 5-2002[2]]
|
Type of Dwelling
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|---|---|
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1-family
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2-family
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3-family
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4-family
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5-family
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1-family office of a physician, lawyer, architect,
real estate broker or similar professional person residing on the
premises and incidental thereto
|
B.
Refuse service charges shall be due and payable annually
in advance, regardless of occupancy of the premises, on the first
day of June in each year.
C.
The charge for any premises within the scope of § 365-7 of this article for which a certificate of occupancy is issued after the effective date of this article shall be prorated for the period commencing from the first day of the month following the issuance of the certificate of occupancy to the last day of the following May.
D.
Refuse service charges shall be billed to the owners
of the premises and shall be payable at the office of the Village
Clerk.
In the event the refuse service charge bill
is not paid within one month from the date it is due and payable,
then in that event a penalty equal to 5% of the total charge shall
be added to the bill, and in addition, interest at the rate of 1/2
of 1% of the total charge shall be added to the bill for every month
or fraction thereof that said charge remains unpaid.
All refuse service charges, penalties and interest
thereon shall be a lien upon the real property benefited by the refuse
collection and disposal service from the date that the refuse service
charge is due and payable, and such lien shall be prior and superior
to every other lien or claim, except the lien of an existing tax or
local assessment. The Board of Trustees may certify to the Village
Clerk the amount of any such lien which has not been paid at the time
and in the manner prescribed by such Board, with a description of
the real property affected thereby, and the Board of Trustees may
include such amount in the annual tax levy and shall levy the same
upon the real property in default.
A.
Every vehicle used for collection and/or disposal
of refuse shall have an enclosed body or suitable provision for covering
the body. Provision and use of a tarpaulin or canvas to enclose the
open body of such a vehicle may be permitted when specifically approved
by the Superintendent of Public Works.
B.
Every vehicle used for the collection and/or disposal
of garbage or of refuse containing garbage shall have a watertight
body and shall be kept clean and sanitary and in good running order
and shall have the licensee's name plainly painted on each side in
letters at least four inches high.
C.
No vehicle used for the collection and/or disposal
of refuse shall be operated on any street, avenue or highway in the
Incorporated Village of Patchogue in an overloaded condition nor in
such a manner as to spill the contents thereof onto any street, avenue
or highway.
D.
The Superintendent of Public Works or any other person
authorized by the Board of Trustees shall make inspection of the vehicles
used for the collection and/or disposal of refuse whenever he deems
necessary, but in no event less than once every three months.
A.
No refuse shall be disposed of within the Incorporated
Village of Patchogue except at the Village incinerator or at such
place or places as may be permitted by the Board of Trustees. Refuse
shall be disposed of at the Village incinerator only during the times
designated by the Superintendent of Public Works and in accordance
with the rules and regulations established by the Superintendent of
Public Works.
B.
No refuse collected from outside the Incorporated
Village of Patchogue shall be disposed of at the Village incinerator
except with the permission of the Board of Trustees and upon such
conditions as the Board of Trustees may impose.
