[HISTORY: Adopted by the Board of Trustees
of the Village of Highland Falls as indicated in article histories.
Amendments noted where applicable.]
[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.
ASHES
BULK WASTE
CARDBOARD
GARBAGE
HAZARDOUS SUBSTANCE
MULTIPLE RESIDENCE
NEWSPAPERS
OFFICE PAPER
PERSON
RECYCLABLES
RECYCLING CENTER
RESIDENCE
RESIDENT
RUBBISH
SOLID WASTE
TRASH
As used in this article, the following terms shall
have the meanings indicated:
The soft solid residue of combustion or any residue from
the burning of any material.
An item of solid waste larger than two feet by two feet by
four feet or heavier than 50 pounds.
A thick paperboard made of paper pulp, including but not
limited to corrugated boxes, cardboard cartons, pasteboard and similar
corrugated materials.
Any animal or vegetable refuse or waste matter capable of
fermentation or decay and general kitchen refuse, excluding recyclables.
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.
A building or parcel of land having three or more dwelling
units.
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.
Clean, unsoiled paper, including noncarbonized untreated
computer paper and stationery products; kraft paper materials, corrugated
cardboard and pasteboard.
Any individual, partnership, association, firm, corporation
or any and all combinations of individuals acting in concert.
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.
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.
A building or parcel of land having two or fewer dwelling
units.
A person residing in a residence.
Discarded material, including paper boxes, bottles, tin cans,
papers, rags, shoes, metal, rubber and wooden scrap and other material
of the same general nature.
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.
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.
