Village of Highland Falls, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Highland Falls as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Filling, grading and clearing — See Ch. 97.
Housing standards — See Ch. 122.
Littering — See Ch. 134.
Property maintenance — See Ch. 170.
Abandoned and junked vehicles — See Ch. 225.
[Adopted 8-10-1971 by L.L. No. 5-1971 as Art. I of Ch. 60 of the 1971 Code]
[Amended 8-8-1989 by L.L. No. 3-1989]
A. 
For purposes of this article, certain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a different meaning is intended. When not inconsistent with the context, the present tense shall include the future, and words used in the plural shall include the singular and vice versa.
B. 
As used in this article, the following terms shall have the meanings indicated:
ASHES
The soft solid residue of combustion or any residue from the burning of any material.
BULK WASTE
An item of solid waste larger than two feet by two feet by four feet or heavier than 50 pounds.
CARDBOARD
A thick paperboard made of paper pulp, including but not limited to corrugated boxes, cardboard cartons, pasteboard and similar corrugated materials.
GARBAGE
Any animal or vegetable refuse or waste matter capable of fermentation or decay and general kitchen refuse, excluding recyclables.
HAZARDOUS SUBSTANCE
Any material, natural or manufactured, which, by itself or in concentration with other like or dissimilar material, will contaminate to environmentally unsafe levels the atmosphere, soil or water, whether above or below the ground.
MULTIPLE RESIDENCE
A building or parcel of land having three or more dwelling units.
NEWSPAPERS
A product printed on newsprint, including all newspapers, newspaper advertisements and comics. Not included in this definition are magazines, telephone books or other advertising material printed on glossy or slick papers, whether or not enclosed with or distributed with newspapers.
OFFICE PAPER
Clean, unsoiled paper, including noncarbonized untreated computer paper and stationery products; kraft paper materials, corrugated cardboard and pasteboard.
PERSON
Any individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert.
RECYCLABLES
Discarded material which may be reclaimed, comprising solid waste consisting of newspapers, office paper, glass bottles and jars, metal food and beverage cans, plastics and such other materials as designated by resolution of the Village Board of Trustees or by law or mandate of the County of Orange.
RECYCLING CENTER
Any combination of structure, machinery and facilities used for the offloading of recyclables and the reloading of recyclables into vehicles for disposal and/or marketing.
RESIDENCE
A building or parcel of land having two or fewer dwelling units.
RESIDENT
A person residing in a residence.
RUBBISH
Discarded material, including paper boxes, bottles, tin cans, papers, rags, shoes, metal, rubber and wooden scrap and other material of the same general nature.
SOLID WASTE
Materials or substances discharged, discarded or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances and those in gaseous form. Such waste shall include but is not limited to garbage, trash, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris.
TRASH
All cans, bottles, glass, papers, ashes, rubbish and refuse other than garbage, excluding recyclables.
[Amended 1-10-1995 by L.L. No. 1-1995]
Garbage shall be placed only in a metal or equal container equipped with a firm-fitting cover or in a clear plastic bag which is properly secured. Garbage shall not be placed in paper bags. No container of garbage shall exceed 65 pounds in weight, including the weight of the container.
[Amended 1-10-1995 by L.L. No. 1-1995]
Trash shall be placed only in a metal or equal container equipped with a firm-fitting cover or in a clear plastic bag which is properly secured. Trash shall not be placed in paper bags. No container of trash shall exceed 65 pounds in weight, including the weight of the container.
Trash shall not be placed in containers with garbage, and garbage shall not be mixed with trash. Furniture, lumber, poles, oil drums, fifty-five-gallon drums and hot-water boilers shall not be considered as trash. Trees and brush must be cut up in three-foot lengths and securely tied in bundles not to exceed 65 pounds.
[Amended 4-7-1987 by L.L. No. 1-1987; 9-7-2004 by L.L. No. 2-2004]
A. 
Trash and garbage shall be set out on the sidewalk in front of the owner's premises or some other approved location after 5:00 p.m. of the day preceding the day appointed for the collection thereof. Empty containers shall be removed from the sidewalk or such other approved location by 11:00 p.m. of the same day the garbage and trash is collected.
B. 
Except as permitted in Subsection A of this section, no recycling, garbage or trash container may be visible from Main Street in the Village. It is unlawful to cause, allow or suffer the use, placement or storage of such container so that a container is visible from Main Street. Screening of all such containers is required. Owners and occupants of property shall be subject to these requirements. The Board of Trustees is authorized to waive or modify these requirements, upon written request of a property owner or occupant, upon a showing of hardship.
[Amended 6-15-2009 by L.L. No. 5-2009]
C. 
Except as permitted in Subsection A of this section, no recycling, garbage or trash container utilized on or by any business property or multiple-dwelling property may be visible from any street in the Village. It is unlawful to cause, allow or suffer the use, placement or storage of such container so that a container is visible from any street in the Village. Screening of all such containers is required. Owners and occupants of property shall be subject to these requirements. The Board of Trustees is authorized to waive or modify these requirements upon written request of a property owner or occupant upon a showing of hardship. This subsection shall not apply to single-family or two-family residences.
[Added 6-15-2009 by L.L. No. 5-2009]
D. 
All screening shall comply with state and Village building and property maintenance codes, including Chapter 170 of this Code.
[Added 6-15-2009 by L.L. No. 5-2009]
E. 
The location and placement of containers shall be in compliance with the State Fire Code,[1] and containers with an individual capacity of 1.5 cubic yards or more shall not be placed within five feet of combustible walls, openings or combustible roof eave lines.
[Added 6-15-2009 by L.L. No. 5-2009]
[1]
Editor's Note: See Executive Law § 370.
There shall be two annual cleanup weeks during which time the Village will pick up items for disposal, i.e., furniture, old appliances, hot-water boilers, poles, etc. These pickup periods shall be advertised in advance in the local newspaper.
A. 
All trash or garbage containers and receptacles must be covered with a securely fitted lid. Failure to use such a cover is a violation of this article. Plastic bags must be placed within a covered container. It is unlawful to use plastic bags for trash or garbage purposes unless the plastic bag is placed within a covered container.
[Amended 9-7-2004 by L.L. No. 2-2004]
B. 
Return of trash and garbage containers or receptacles to the premises of the user of said receptacles must take place not later than 15 hours after the collection of trash and garbage is made.
The disposal of any trash and garbage in any manner upon the street, sidewalk, vacant lot or roadside except by the Village trash and garbage contractor is prohibited.
[Amended 9-7-2004 by L.L. No. 2-2004]
Trash set out for collection in paper bags, shopping bags, plastic bags or bags of any other type is a violation of this article.
[Amended 1-10-1995 by L.L. No. 1-1995]
A. 
Any person who commits, causes, permits or suffers to permit any violation of any of the provisions of this article shall be deemed to have committed an offense against such article and also be liable for any such violation and the penalty therefor.
B. 
For every violation of any provision of this article, the person shall be subject to a fine of not more than $250 or to imprisonment not exceeding 15 days, or to both such fine and imprisonment, and, in addition, any license or permit issued pursuant to this article may be revoked.
C. 
In addition to the above-provided penalties and punishment, the Board of Trustees may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such article.
D. 
Each day that a violation continues to exist shall be deemed a separate offense.
[Added 1-10-1995 by L.L. No. 1-1995]
A. 
The Board of Trustees is hereby authorized, following public hearing, to establish a Village department for collection and carting of solid waste or, in the alternative, to contract for or to grant licenses or franchises for such collection and carting.
B. 
The Board of Trustees is hereby empowered to promulgate by resolution rules and regulations establishing requirements to implement the collection of solid waste within the Village. Said rules and regulations shall have the force and effect of law, and violation of such rules and regulations shall be punishable as set forth in § 194-10 of this article. Such rules and regulations may, without limitation, provide for:
(1) 
Fees, assessments and/or taxes and the time and manner of collection thereof, together with penalties and administrative fees for late payment.
(2) 
The time, place and manner of collection of solid waste.
(3) 
Specifications of containers and covers.
(4) 
Classification of wastes.
(5) 
Designation of service areas.
(6) 
Establishment of property classes for service.
(7) 
Limitations on the amount of solid waste disposed and surcharges for disposal of materials in excess of such amounts.
(8) 
Qualifications for collectors and carters of solid waste.
(9) 
The time, place and manner of bulk pickup.
(10) 
Such other matters as are reasonably necessary to effectuate the purposes of this article.
C. 
Any fees which may be imposed pursuant hereto shall constitute a lien on the real property served by the solid waste collection and carting services. The lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof.
D. 
The payment of fees, together with applicable penalties and administrative costs, by the owner of property shall be deemed a required improvement for such property in the interest of public safety, health, comfort and general welfare. Pursuant to Village Law § 4-414, such fees shall be assessed, levied and collected in the same manner as provided for special assessment pursuant to Village Law § 5-158.
[Adopted 8-8-1989 by L.L. No. 3-1989 (Art. III of Ch. 60 of the 1971 Code)]
A. 
An article requiring and enforcing recycling is necessary to enable the Village of Highland Falls to enforce the recycling law recently adopted by the County of Orange in order to further the general health, safety and welfare of the Village.[1]
[1]
Editor's Note: Section 3 of L.L. No. 3-1989 provides that this local law is not intended to supersede or conflict with L.L. No. 2-1989 of the County of Orange, which mandates recycling on a County-wide basis. All persons in Highland Falls shall comply with County mandates with respect to waste separation and recycling.
B. 
A resource recovery system for the mandatory separation of recyclables from garbage and other waste within the Village of Highland Falls is necessary to reduce the amount of solid waste generated and to assure that solid waste is disposed of in the most economical and environmentally acceptable manner.
C. 
The Board of Trustees of the Village of Highland Falls hereby finds that the mandatory recycling of certain waste materials is necessary to further the general health, safety and welfare of the Village and its residents. The Board finds that the most effective means of regulating the recycling process is by adoption of regulations by resolution of the Board of Trustees.
The Board of Trustees is empowered to promulgate and establish by resolution rules and regulations implementing the mandatory separation of recyclables established by this article.
A. 
The recycling of certain materials, which materials shall be specified by resolution of the Board of Trustees or mandated pursuant to Local Law No. 2 of 1989 of the County of Orange, is hereby required.
B. 
Recyclables shall be separated from all other garbage or solid waste.
C. 
Paper recyclables shall be tied in bundles not to exceed 65 pounds prior to the collection, removal or disposal of the same. Newspaper shall be bundled separately.
D. 
Glass and metal recyclables shall be cleaned and all contents shall be removed therefrom prior to the collection, removal or disposal of the same. Caps shall be removed from glass recyclables prior to the collection, removal or disposal.
E. 
All recyclables shall be placed in waste receptacles for collection, removal and disposal. Recyclables shall not be placed in plastic or paper bags for collection, removal or disposal.
F. 
Recyclables shall not be placed in the same waste receptacle or garbage can or otherwise mixed or combined with other forms of solid waste for collection, removal or disposal.
G. 
The Village Board is empowered to designate the schedule for collection, removal and disposal of recyclables. Recyclables shall not be collected, removed or disposed of other than in conformance with the schedule established by the Village Board.
H. 
No person having custody or control of premises within the Village shall cause or allow any garbage, rubbish or other solid waste, including recyclables, within his control to become a hazard or potential hazard to public travel, health or safety, to become a detriment to the appearance of the community or to become a nuisance of any kind.
I. 
The Board of Trustees of the Village of Highland Falls hereby requires the recycling of plastic containers identified as No. 1 through No. 7, inclusive, and recycling of aluminum foil products, all of which containers and products shall be cleaned prior to disposal, separated from nonrecyclable waste materials and placed in waste receptacles with other recyclable materials for collection and removal.
[Added 12-13-1994]
[Amended 9-7-2004 by L.L. No. 2-2004]
The provisions of this chapter shall be administered and enforced by the Street Superintendent, the Code Enforcement Officer, and the Police Department.
A. 
Any person convicted of violating any provision of this article, except § 194-14H shall, upon conviction thereof, be guilty of a violation which is punishable as follows:
(1) 
For a first conviction, by a fine not less than $10 nor more than $25.
(2) 
For a second conviction within one year, by a fine of not less than $25 nor more than $50.
(3) 
For a third conviction within one year, by a fine of not less than $50 nor more than $100.
(4) 
For a fourth conviction within one year, by a fine of not less than $100 nor more than $250.
B. 
Any person convicted of violating § 194-14H of this article shall, upon conviction thereof, be guilty of a violation which is punishable as follows:
(1) 
For a first conviction, by a fine not less than $100 nor more than $250.
(2) 
For a second conviction within one year, by a fine of not less than $250 nor more than $500.
(3) 
For a third conviction and each successive conviction within one year, by a fine of not less than $500 nor more than $1,000.