[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Estates as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 25.
[Adopted 10-5-1992 by L.L. No. 4-1992]
The Board of Trustees of the Incorporated Village
of Roslyn Estates hereby declares its intent to comply with the mandate
of § 120-aa of the General Municipal Law by adopting a local
law to require the source separation and segregation of recyclable
or reusable materials from all garbage or solid waste.
For the purposes of this article, the following
terms shall have the meanings indicated:
Includes, without limitation, paper, glass, metals, plastics
and garden and yard waste.
Refers to instances in which the full avoided costs of proper
collection, transportation and disposal of source-separate materials
are equal to or greater than the cost of collection, transportation
and sale of said material less the amount received from the sale of
said material.
All solid waste which has been left for collection
or which is delivered by the generator of such waste to a solid waste
management facility shall be separated into recyclable or reusable
components for which economic markets for alternate uses exist. Such
separation shall be performed in accordance with the legislative or
regulatory determinations of the municipality or authority which,
either by law or by contract, possesses the right to regulate such
matters within the Village.
[Adopted 11-6-2000 by L.L. No. 9-2000]
For the purposes of this article, the following
terms shall have the meanings indicated:
Contractor collecting solid waste pursuant to a contract
with the Village.
Includes any animal or vegetable refuse or waste, dead animals,
carrion, offal, swill, wastes from the preparation or cooking of foods
and similar materials.
Includes all waste classified as hazardous by the New York
State Department of Environmental Conservation, the United States
Environmental Protection Agency or the Village Board of Trustees.
Includes all outdoor vegetation, intended to be disposed
of off the premises, including, but not limited to: hedge, garden
and lawn clippings; leaves; tree branches and stumps; shrubbery; vegetation
which has been removed by weeding or raking; and all similar vegetation.
Includes all physical material designated by the Board of
Trustees from time to time to be segregated from other garbage and
rubbish, including, but not limited to, appropriate newspapers, glass,
aluminum and other metal and synthetic material.
Includes all paper, metal, plastic and glass (except recyclables);
ashes; barrels; boxes; wood; cardboard; rags; wrappings; excelsior;
straw; clothes; shoes; furniture or parts thereof: rubber; tires;
concrete; Christmas wreaths and Christmas trees; clothes; shoes; bedding;
auto and truck parts; bicycles; tricycles; bedsprings; gas ranges;
stoves; hot water boilers; refrigerators; sawdust; television aerials;
metal drums; explosive and inflammable materials; waste oils or other
liquids; and all other discarded personal property and similar materials.
Village of Roslyn Estates.
No person shall deposit or place any garbage, landscape vegetation, recyclables or rubbish upon any lot or parcel of land within the Village outside of a fully enclosed building or structure except in compliance with the specifications set forth in § 156-10 hereof.
No person who owns, leases or occupies a lot or parcel of land within the Village shall suffer or permit any garbage, landscape vegetation, recyclables or rubbish to be stored or remain on said lot or parcel of land or to accumulate thereon outside a fully enclosed building or structure except in receptacles meeting the specifications set forth in § 156-10 hereof.
A.
All garbage and recyclables shall be placed and stored
in reusable, rigid, watertight receptacles made of metal or plastic
with watertight covers made of either of the above-specified materials.
Said receptacles and their covers shall be capable of holding their
shape under normal use and handling, and the covers shall fit tightly
and securely on the receptacle. The covers for said receptacles shall
remain securely in place at all times when the receptacles contain
any garbage or recyclables, except during loading or unloading.
B.
All rubbish, when, based upon its size, it is practical to do so, shall be placed and stored in receptacles meeting the specifications for the storage of garbage as provided in Subsection A above or in containers of wood or paperboard, baskets or plastic or fiber bags or drums, strong enough to support and retain all materials contained in them. Said containers shall be securely covered or tied at all times when they contain rubbish, except during loading or unloading.
C.
Newspaper shall be placed and stored in receptacles meeting the specifications above set forth for the storage of garbage or rubbish. However, it shall be an affirmative defense in the prosecution of a violation of the provisions of Subsection A, above, that:
(1)
The newspaper was placed on the lot or parcel by the
owner, lessee or occupant thereof as part of the Village's recycling
program and that said newspaper was enclosed in a secure wrapping
or binding;
(2)
The newspaper was enclosed in a plastic bag or securely
bound by a cord or rubber band and was delivered to the lot or parcel
where deposited at the express request of the owner, lessee or occupant
of a one-family dwelling located on said lot or parcel; or
(3)
The newspaper was enclosed in a plastic bag or securely
bound by a cord or rubber band and was placed or deposited within
five feet of a doorway of a one-family dwelling.
D.
In no event shall garbage or recyclable receptacles,
or wrapped or bound newspapers for recycling, be placed in a front
yard or within 10 feet of a property line. Notwithstanding the foregoing,
as an additional requirement, under no circumstances shall the garbage
receptacles or recyclables be visible from a public street, unless
the property is a corner property.
E.
In no event shall garbage or recyclable receptacles,
or wrapped or bound newspapers for recycling, be placed in a side
yard unless they are either:
F.
All rubbish and landscape vegetation shall be placed
at curbside in front of each dwelling. Under no circumstances shall
rubbish and landscape vegetation be placed in a front yard more than
24 hours before the scheduled pickup for rubbish and landscape vegetation.
G.
Notwithstanding the foregoing, garbage and recyclables which are placed or stored in receptacles meeting the specifications for the storage of garbage as provided in Subsection A may be placed in a front yard or a side yard, so long as such receptacles are within four feet of the garage and are not placed at such location more than two hours before the scheduled pickup for such garbage and recyclables.
No person shall throw, cast or deposit any handbill,
dodger, circular, newspaper, booklet, poster, other printed matter
or advertising literature of any kind on the ground of any lot or
parcel of land in the Village or on the porch or doorstep of a one-family
dwelling within the Village, or attach the same to the outside of
such dwelling afier receiving written notice from the owner, lessee
or occupant thereof to cease such activity. Such notice shall be given
either personally or by certified mail, return receipt requested.
All hazardous waste shall be stored and disposed
of in accordance with all relevant local, state and national laws
and regulations and shall not be put out for pickup by the contractor,
without the express knowledge and permission of both the Village and
the contractor.
Before placing any material of large size or
great weight out for pickup by the contractor, the owner, lessee or
occupant shall obtain the consent or permission of the Village or
the contractor.
[Amended 12-9-2013 by L.L. No. 7-2013]
Each and every violation of, or failure to comply with, any
provision of this chapter shall constitute a violation, punishable
as follows: for a conviction of a first offense, by a fine of not
more than $250 or imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment; for a conviction of a second offense,
both of which were committed within a period of five years, by a fine
of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment; and for
a conviction of a third or subsequent offense, all of which were committed
within a period of five years, by a fine of not less than $500 nor
more than $1,000 or imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment.
