[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Plaza 3-2-1988 as L.L. No. 2-1988.
Amendments noted where applicable.]
It is the purpose of this chapter to protect and enhance the public
health and welfare of the Village of Great Neck Plaza by providing for the
storage, collection and transportation for disposal of solid waste and recyclable
materials within the Village of Great Neck Plaza, including the licensing
and regulation of persons and vehicles engaged in such collection and transportation.
For the purpose of this chapter, the following terms, phrases and words
shall have the following meanings:
All buildings used only for living purposes, which contain three
or more dwelling units.
[Added 2-15-1989 by L.L. No. 2-1989]
The residue from burning of wood, coal, coke or other combustible
materials.
All buildings other than residential buildings, apartment buildings
and retail buildings and shall include, but not be limited to, office buildings,
industrial buildings, buildings used for governmental and quasi-governmental
activities and buildings used for religious purposes such as churches and
synagogues. This term shall also include those portions of buildings containing
offices or residences over retail stores in the Business District, either
two, three or four stories in height.
[Added 2-15-1989 by L.L. No. 2-1989]
A building or any portion thereof, a store or any premises devoted
to any of the following uses or to any uses similar to them: bakery; bar;
butcher shop; candy store; delicatessen; fish market; food store, fruit and
vegetable store; grocery store; health food store; ice cream parlor; poultry
store; restaurant; supermarket.
[Added 10-8-1992 by L.L. No. 9-1992]
Any animal, vegetable, fruit or similar organic wastes liable to
become putrid, including wastes resulting from the bundling, preparation,
cooling or storage of foods and inorganic wastes, such as boxes, cans and
bottles and similar receptacles and containers which have contained any type
of food materials and dead animals.
Only newspapers and shall not include magazines, mail or other types
of paper such as telephone books.
Glass containers such as food jars, wine and liquor bottles, beverage
containers and other similar containers for which no deposit has been paid
at the point of purchase. Such phrase does not include any containers used
for toxic or hazardous substances and does not include the lids or caps of
glass containers. Such phrase also does not include decorative glassware,
drinking glasses, light bulbs, home or auto window glass or mirrors.
Metal containers such as food cans, beverage containers or tennis-ball
containers for which no deposit has been paid at the point of purchase. Such
phrase does not include aerosol cans, paint cans or any cans used for toxic
or hazardous substances.
Any individual, partnership, corporation, joint venture, governmental
or quasi-governmental unit and all other kinds of organizations and entities
of any type whatsoever.
Land, buildings or other structures or parts thereof upon or in which
refuse is stored.
Any solid waste materials accumulating or resulting from the use
or occupancy of buildings or premises and including garbage, ashes, newspapers,
non-deposit glass and metal containers and rubbish.
One-family and two-family homes.
[Added 2-15-1989 by L.L. No. 2-1989]
All portions of buildings which are used and/or rented for retail
sales, services and other similar activities, including restaurants, bars
and food service businesses.
[Added 2-15-1989 by L.L. No. 2-1989]
All solids other than ashes, garbage, newspapers and non-deposit
glass and metal containers, including, but not limited to, paper, cardboard,
grass clippings, leaves, tree trimmings, wood, glass, metals, plastics, crockery,
porcelain and similar materials, automobiles, appliances and rubble.
A.
Garbage shall be drained and stored in fire-resistant,
durable, rust-resisting, nonabsorbent, watertight and easily washable commercially
manufactured containers, which shall have close-fitting covers and adequate
handles or bails to facilitate collection. Said containers shall be not less
than ten gallons nor more than 30 gallons in capacity and shall not be filled
to exceed 50 pounds in weight.
B.
Ashes shall be stored in fire-resistant containers with
close-fitting covers. Such containers shall be equipped with adequate handles
or bails 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.
C.
Rubbish shall be stored in fire-resistant, durable containers
with close-fitting covers. Such containers shall be equipped with adequate
handles and bails to facilitate collection and shall be not greater than 20
gallons in capacity, except that bulky rubbish such as tree trimming and collapsed
boxes and crates must 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 and not more than 50 pounds in weight, and when so tied and
bundled may be stored beside the rubbish containers. Appliances and other
large items shall be safely stored beside rubbish containers, provided that
refrigerators, stoves and similar items may be stored only with their doors
removed.
D.
Newspapers put out for collection by the owners, lessees
or occupants of residential dwellings shall be securely bundled and tied,
in packages not exceeding 50 pounds, with a rope or cord sufficient in strength
to facilitate handling.
E.
Non-deposit glass and metal containers put out for collection
by the owner, lessees or occupants of residential dwellings shall be stored
in plastic, durable, rust-resisting nonabsorbent, watertight and easily washable
commercially manufactured containers, which shall have close-fitting covers
and shall be equipped with adequate handling or bails to facilitate collection.
Such containers utilized by multiple dwellings shall have a capacity of 30
gallons, and those utilized by single-family dwellings shall have a capacity
of 10 gallons.
F.
Plastic bags (polyurethane) may be used for storage of
all refuse, except newspapers and non-deposit glass and metal containers put
out for collection at residential dwellings, provided that such bags are securely
tied or otherwise fastened at the top, are free from holes, rips or tears
and are of sufficient strength to permit normal handling without rupture.
Maximum size bag for garbage: 30 gallons; maximum size bag for leaves or refuse
not containing garbage: 55 gallons and not to exceed 50 pounds in weight and
have a minimum thickness of three mills.
G.
Metal containers larger than those permitted in Subsection A of this section may be used on commercial properties where the type of collection equipment and/or collection methods permit the handling of such containers without endangering health or safety but only upon approval of the Superintendent of Public Works.
H.
Hazardous refuse shall not be stored, placed for collection
or collected except upon special permission of the Superintendent of Public
Works.
I.
The owner of any premises shall keep refuse containers
covered at all times except while refuse is actually being placed or deposited
in such containers, and no person shall in any manner disturb such containers
or remove the covers or the contents from such refuse containers except in
accordance with the provisions of this chapter.
J.
Food service businesses shall be required to store all
garbage, refuse and waste materials within the premises in a storage room
which meets the requirements of the Nassau County Health Code, except when
such garbage, refuse or waste materials may legally be stored under the other
provisions of this chapter in an approved dumpster. Such waste material stored
on premises shall not be permitted to interfere with legal exits and shall
be stored in fire-safe containers and rooms in a safe and sanitary manner.
[Added 10-8-1992 by L.L. No. 9-1992]
A.
Refuse containers shall be maintained free from odor
and in clean and good condition by the owner or by the person or owner to
whom the container or premises are leased. In the event that a container on
premises becomes dangerous or is liable to injure or hinder the person collecting
its contents, the container shall be replaced with a proper and safe container
within one week after the receipt of a written notice from the Superintendent
of Public Works.
B.
No person shall install or have installed a dumpster
without the approval of the Superintendent of Public Works as to its location.
C.
No person shall install or have installed a dumpster
without providing for the screening of it by fences, gates, living plants
or a combination thereof in a manner approved by the Superintendent of Public
Works.
[Amended 10-8-1992 by L.L. No. 9-1992]
A.
Where refuse, garbage or waste is collected at the curb
for uses other than food service businesses, containers shall be visible and
in an accessible area so as not to interfere with the sidewalk and pedestrian
or vehicular traffic and parking.
B.
All waste material from food service businesses shall
be collected by the carter directly from the waste storage facility or room
within the premises. No such waste shall be kept or stored on any sidewalk
or public place within the village but shall be loaded directly on the truck
from the on-premises garbage storage facility.
[Amended 2-15-1989 by L.L. No. 2-1989]
A.
Refuse collections from residential buildings, apartment
buildings, retail buildings and commercial and miscellaneous buildings shall
take place on such dates and times as are determined by the Board of Trustees
as contained in a contract or otherwise.
B.
Refuse that is legally stored in dumpsters for collection
shall be placed for collection between the hours of 7:00 a.m. and 6:00 p.m.
on the day of collection, except that dumpsters from retail or commercial
and miscellaneous buildings immediately adjacent to residential and apartment
buildings shall be placed for collection between the hours of 10:00 a.m. and
6:00 p.m. on the day of collection.
C.
Except for the collection of dumpsters, refuse from retail
buildings shall be placed for collection only between the hours of 9:00 a.m.
and 10:00 a.m. on the day of collection. No refuse may be placed on the sidewalk
for collection overnight nor at any other time than during the specified hour.
D.
Except for the collection of dumpsters, refuse from commercial
and miscellaneous buildings shall be placed for collection only between the
hours of 8:00 a.m. and 9:00 a.m. on the day of collection.
E.
Garbage, rubbish and ashes from apartment buildings shall
be placed for collection only during the hours of 8:00 a.m. to 10:00 a.m.
on the day of collection. Containers for metal and glass containers and bundled
newspapers may not be placed for collection from apartment buildings earlier
than 5:00 p.m. on the day preceding collection. Except as stated herein, no
refuse may be placed out overnight for collection from apartment buildings
nor at any time other than during the specified hours.
F.
Garbage and ashes from residential buildings shall be
stored and collected at the rear or side door outside each building. Rubbish
containers, containers for metal and glass containers and bundled newspapers
may not be placed at the curb for collection from residential buildings earlier
than 5:00 p.m. on the day preceding collection.
A.
It shall be mandatory for persons who are owners, lessees
or occupants of residential dwellings in the village to separately bundle
newspapers for pickup collection and recycling.
B.
It shall be mandatory for persons who are owners, lessees
or occupants of residential dwellings in the village to utilize separate and
proper containers for disposal, collection and recycling of non-deposit glass
and metal containers.
C.
Newspapers and non-deposit glass and metal containers
shall be placed at the curb for collection on days specified by the Superintendent
of Public Works.
D.
It shall be the responsibility of the owner of a multiple-family
residential dwelling in the village to designate appropriate sites within
the multiple dwelling for the collection by tenants and occupants of non-deposit
metal and glass containers and newspapers. It shall also be the responsibility
of the owner of a multiple-family residential dwelling in the village to purchase
and make available to the tenants or occupants of said dwelling proper containers
for the collection of non-deposit metal and glass containers.
E.
It shall be the responsibility of the occupants or tenants
of a residential dwelling to rinse thoroughly and drain all liquids from non-deposit
metal and glass containers prior to placing such containers out for collection.
The village shall provide for the collection of refuse except that persons
shall be required to make their own arrangements for the collection of the
following types of refuse:
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.
Hazardous materials or substances, such as poisons, acids,
caustics, infected materials and explosives, provided that prior permission
has been obtained from the Superintendent of Public Works.
C.
Solid wastes resulting from industrial processes.
D.
Materials which have not been prepared in accordance
with the provisions of this chapter.
E.
Any garbage or refuse not covered by a village contract.
A.
The owner, his agent, the occupant and the person in
charge of any premises within the Incorporated Village of Great Neck Plaza
shall be responsible for the sanitary condition of the premises owned, cared
for or occupied by him, and no person shall discard, place, deposit or store
or allow, permit or cause to be discarded, placed, deposited or stored any
refuse, on said premises, except in accordance with the provisions of this
chapter.
B.
The owner, his agent, the occupant and the person in
charge of any premises within the Incorporated Village of Great Neck Plaza
or a person whose property is outside of the village but whose adjacent sidewalk
is located within the village shall be responsible for the cleanliness of
the sidewalk in front of and adjoining such premises, and no person shall
discard, place, deposit or store or allow, permit or cause to be discarded,
placed, deposited or stored any refuse on any sidewalk except in containers
which comply with this chapter which have been provided for such purpose by
said owner, agent, occupant or person in charge, and no person shall allow,
permit or cause any refuse to remain discarded, placed, deposited or stored
upon the sidewalk in front of or adjoining such premises except in such containers.
C.
The owner, his agent, the occupant and the person in
charge of any premises used for business or commercial purposes within the
Incorporated Village of Great Neck Plaza or a person whose property is outside
of the village but whose adjacent sidewalk is located within the village shall
sweep clean the sidewalk in front of and adjoining his premises before 10:00
a.m. each day and at such additional times as may be necessary to maintain
the sidewalk free of litter, except Sundays and legal holidays.
D.
No person shall allow, permit or cause to be discarded,
placed, deposited or stored 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 Great Neck Plaza except in containers which comply
with this chapter which have been provided for such purpose, and in no event
upon the premises of another except with the consent of the owner or occupant
thereof.
E.
No person shall sweep refuse or litter onto any sidewalk
or gutter located in the village.
F.
A licensed cartman is responsible to clean any litter
or mess caused by him and shall be required to carry with him within the village
brooms and such other equipment as is necessary to remove spilled garbage
or refuse.
The Superintendent of Public Works, the Building Inspectors and Fire
Inspectors and such other officers or employees of the village as shall be
designated by the Board of Trustees by resolution shall have the responsibility
for the administration, supervision and control of the collection and disposal
of refuse pursuant to this chapter.
The Superintendent of Public Works or any other person authorized by
said Board of Trustees shall have the power to enter, at reasonable times,
upon any premised within said village for the purpose of inspecting and investigating
conditions relating to the enforcement of the provisions of this chapter,
provided that for other than public areas he has first obtained an administrative
search warrant except where such warrant cannot first be obtained because
of an emergency which threatens to cause serious personal injury or property
damage.
A.
All vehicles used to collect, haul or transport refuse
within the village shall be of metal or other impervious materials, shall
be constructed and maintained to prevent refuse from accumulating in or on
the body, shall be capable of being completely emptied and shall be kept in
a generally clean and sanitary condition.
B.
Any vehicle used to collect, haul or transport garbage
or ashes within the village shall be of the packer type with fully enclosed
body or other type approved by the Superintendent of Public Works to minimize
the escape of any noxious or disagreeable odors or the escape of any of the
vehicle's contents, either liquid or solid.
C.
Any vehicle used to collect, haul or transport rubbish
within the village may be of open body type but shall be equipped with a tarpaulin
or other suitable cover, cleats or other fastenings, which, when properly
secured, will prevent blowing off, spilling or scattering of contents when
said vehicle is in motion. Such cover shall be kept properly secured whenever
such vehicle is in motion except when actually engaged in collection.
D.
All vehicles used within the village by any refuse collector
or hauler shall display the name of the collector, license number and vehicle
number clearly printed and readily visible on each side of the vehicle with
figures and letters at least three inches in height.
E.
All vehicles used to collect, haul or transport refuse
within the village shall be subject to inspection by the Superintendent of
Public Works whenever he deems necessary. In any event, a person operating
any such vehicle shall have it inspected and approved by the Superintendent
of Public Works no less than once every six months.
A.
Except as otherwise provided herein, no person shall
operate, engage in, conduct or cause the operation of a business engaged in
the collection of refuse in the Village of Great Neck Plaza without first
having obtained a village license, as well as all other permits required by
law, nor shall any such person use in such collection of refuse any vehicle
other than one approved in such license.
B.
Nothing herein provided shall prohibit the actual producers
of refuse or the owners of premises upon which refuse has accumulated from
personally collecting, conveying and disposing of such refuse, without the
license provided, in compliance with all other provisions of this chapter.
A.
Any person who desires to collect or engage in the business
of collecting refuse within the village shall file a written application with
the Village Clerk, containing the following information:
(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 officer and director thereof.
(2)
If the applicant conducts business under a trade name
or if the applicant is a partnership, the application for a license must be
accompanied by a certified copy of the trade name or partnership certificate
filed in Nassau County.
(3)
The age of the applicant and each member thereof, if
an unincorporated association, and each officer, director and shareholder,
if a corporation.
(4)
The experience of the applicant and each member thereof,
if an unincorporated association, and each director, officer and shareholder,
if a corporation.
(5)
The number of collection vehicles to be operated by the
applicant and a description of each such vehicle, containing the ownership
of the vehicle, the make, year, model of chassis and body type and cubic capacity
and color of vehicle, the current New York State registration number and the
community or communities in which the vehicle will operate.
(6)
The approximate volume and 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 to be served in the village.
(9)
The name, address and telephone number, both day and
night, of the applicant or the person in charge of the business.
(10)
The hours and days each vehicle will operate within the
village.
(11)
A schedule of the fees or charges proposed to be charged
to customers.
(12)
Any other relevant information the Village Clerk may
require.
B.
Before a license may be issued by the Village Clerk,
the applicant shall file with the Village Clerk proof of the following insurance
coverage, consisting of a certificate of the insurance carrier providing for
10 days' written notice to the village of any cancellation or modification
of said insurance:
(1)
Public liability insurance with minimum limits of $200,000
for each person killed or injured and $500,000 for each accident and $50,000
property damage.
If the Superintendent of Public Works shall find from the statements
contained in the application and after investigation of other relevant factors
that the applicant is qualified and able to conduct the business of collection
of refuse and conforms to the provisions of this chapter and any other applicable
rules and regulations of the Village of Great Neck Plaza and that the issuance
of the same is in the public interest, then the Village Clerk shall issue
a license stating the name and address of the applicant, the number and identity
of collection vehicles the applicant is authorized to operate and the date
of the issuance thereof, which license shall, unless properly renewed, expire
on the first day of January next succeeding the date of issuance. License
renewals shall be issued for a period of one year only, expiring on the 31st
day of December.
Each application for a license as herein provided shall be accompanied
by a fee of $100 which is not refundable. In addition, the fee for each approved
vehicle under such license shall be of $25. The fee for license renewals shall
be $50, together with the sum of $25 for each approved vehicle licensed thereunder.
There shall be a fee of $25 for the substituting of an approved vehicle under
any license.
Any license issued under the provisions of this chapter may be suspended
or revoked by the Board of Trustees in the event that a licensee violates
any of the provisions of this chapter. No suspension or revocation may occur
except after a hearing upon due notice to such licensee.
Any person who violates a provision of this chapter shall be liable
to pay a penalty not to exceed $250 or be imprisoned for a period not to exceed
15 days, or both, for each such violation.
Local Law No. 1 of 1976, Local Law No. 9 of 1977, Local Law No. 15 of
1977 and Local Law No. 2 of 1982 are hereby repealed.
