Village of Williston Park, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Williston Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
Fees — See Ch. 93.
Landscape gardening — See Ch. 126.
Property maintenance — See Ch. 168.
[Adopted 9-22-1975 by L.L. No. 2-1975 as Ch. 72 of the 1975 Code]
This article shall be known as the "Sanitation Regulations of the Village of Williston Park."
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:
ASHES
The residue from the burning of wood, coal, coke or other combustible materials.
COLLECTION VEHICLE
A vehicle designed, built and used for the purpose of collecting refuse.
COMMERCIAL AREA
Any area where business, industry and light manufacturing enterprises are located or operating or any area not classified as residential.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food and readily combustible material such as paper, cardboard, wood, excelsior, cloth, food cans, glass food containers and bottles.
HOLIDAY
That day on which the holiday is officially celebrated by the village.
LITTER
Garbage, refuse or rubbish as may be defined herein and other waste material which is thrown or deposited and which tends to create a danger to the public health, safety and welfare.
NIGHTTIME
Thirty minutes after sunset until 30 minutes before sunrise.
[Added 9-15-2008 by L.L. No. 5-2008]
OPERATE
To pick up, collect, load or otherwise perform collection of refuse.
PRIVATE PROPERTY
Any property other than that used as a public highway.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish and ashes.
RESIDENTIAL AREA
An area primarily zoned and occupied for residential purposes.
RUBBISH
Nonputrescible sold wastes (excluding ashes) consisting of both combustible and noncombustible wastes, such as yard clippings, metals, wood, glass, bedding, crockery and similar materials.
SUPERVISOR OF SANITATION or SUPERVISOR
The Supervisor of the Department of Sanitation of the Village of Williston Park.
[Amended 7-19-1999 by L.L. No. 1-1999]
A. 
Responsibility of owner or tenant. The owner, lessee, tenant or other person having the management or control of or occupying any lot or plot of land in the Village of Williston Park, excluding any location designated by the Village Board or any location controlled or under the jurisdiction of any sanitary district, shall keep such land at all times free and clear of any accumulation of ashes, rubbish, refuse, grass cuttings, leaves, garbage, waste materials, offal or any offensive substances except such as are deposited in containers or are otherwise secured as provided for in this article for collection and disposal by the Sanitation Department of the Village of Williston Park or by any sanitary district.
B. 
Use of vacant land. No person shall deposit, throw, cast or bury ashes, rubbish, grass cuttings, tree cuttings, leaves, garbage, waste material, offal or any offensive substances on any vacant lot or plot of land in the Village of Williston Park.
C. 
Use of litter baskets. The Village Department of Sanitation or any sanitary district in the Village of Williston Park shall place on sidewalks, parking areas or any other public place litter baskets as may be required in the interest of the Village of Williston Park. No person shall deposit in such litter baskets volumes of refuse accumulated from within private property, which refuse must be placed in regular refuse receptacles for collection.
All refuse accumulated in the village shall be collected, conveyed and disposed of by the village. No person shall collect, convey over any of the streets or highways of the village or dispose of any refuse accumulated in the village.
A. 
Exception for actual producers. This article shall not 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, provided that such producers or owners comply with the provisions of this article and with any other law or regulation applicable thereto.
B. 
Exception for private collectors. This article shall not prohibit duly licensed private collectors from hauling such refuse over village streets and highways, provided that such private collectors shall comply with the provisions of this article and with any other law or regulation applicable thereto.
C. 
Landscaping and construction. This article shall not prohibit any person engaged in the occupation or business of landscaping, landscape contracting, landscape gardening, general building construction or demolition from performing such occupation or conducting such business; provided, however, that such persons shall perform such occupation and operate such vehicles as may be incidental to such occupation or business in such a manner as to prevent the discharge or littering of materials relating to said business or occupation upon any public highway in the Village of Williston Park.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Scrap salvage dealer. This article shall not prohibit any person engaged in the business or occupation of scrap salvage dealer from conveying or transporting such scrap or salvageable material over public highways, provided that such salvageable material to be conveyed or transported shall have been previously bundled, tied or otherwise sufficiently packaged for said transportation in the Village of Williston Park and so as to not permit such material so bundled, tied or packaged from being discharged on said public highways.
E. 
Collector of animal wastes. This article shall not prohibit any person engaged in the business of collection of meat, fat or bone wastes for rendering purposes or offal or dead animals from performing, operating or collecting in the Village of Williston Park; provided, however, that such collection of meat, fat or bone wastes, offal or dead animals shall be performed in such manner as not to permit solid or liquid residue from such performance to be discharged upon private property or upon any public highway in the Village of Williston Park.
[Amended 10-21-1985 by L.L. No. 5-1985[1]]
All refuse accumulated in the village shall be collected, conveyed and disposed of under the supervision of the Supervisor of the Department of Sanitation or his or her designated representative. The Supervisor of Sanitation shall have the authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal as he or she shall find necessary and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 2-20-1979 by L.L. No. 1-1979]
A. 
Separation of refuse.
(1) 
Garbage, ashes, glass, paper and rubbish shall each be placed and maintained in separate containers. It shall be the duty of every person having the management or control of or occupying any land or building to provide, for the exclusive use of such land or building or part thereof, sufficient receptacles to hold garbage, ashes, glass, paper and rubbish each in separate receptacles ordinarily accumulated by the occupants of such land or building during 96 consecutive hours. Any waste material, other than garbage, which cannot be readily deposited in any receptacles may be compacted and securely bundled, tied or packed so as to be easily handled, but not weighing more than 75 pounds and not likely to be scattered, and when packed and secured may be placed alongside such a receptacle.
(2) 
Each of such receptacles provided for in Subsection A(1) of this section shall be watertight, kept covered with a cover and maintained in a sanitary condition by periodic cleaning. Such receptacles shall not exceed a thirty-gallon capacity and when filled shall not exceed 75 pounds in total weight.
(3) 
Each such receptacle containing garbage or rubbish shall be free of water or wetted materials.
(4) 
Anything herein to the contrary notwithstanding, it shall be the duty of all owners and operators of restaurants or other eating establishments to further segregate garbage by placing and maintaining in separate containers all putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
[Added 10-21-1985 by L.L. No. 5-1985]
(5) 
It shall be mandatory for every owner, tenant, occupant or other person having the management or control of premises in the Village of Williston Park to separately bundle newspapers, magazines and other printed material for pickup, collection and recycling. Such printed material shall be compacted and securely bundled and tied, in packages weighing not more than 50 pounds, with a rope or cord sufficient in strength to facilitate handling, and said packages shall be placed separately at the curb for collection on the days specified in this article.
[Added 9-15-1986 by L.L. No. 7-1986]
(6) 
It shall be mandatory for every owner, occupant or other person having the management or control of premises in the Village of Williston Park to further separate refuse by placing all metal cans and glass bottles in a separate refuse container for collection and recycling. Such metal cans and glass bottles may be placed together in the same container, but in no event shall they be compacted. The container holding the metal cans and glass bottles must indicate, through markings or otherwise, the nature of its contents and shall be placed at the curb for collection on the days specified in this article.
[Added 7-20-1987 by L.L. No. 2-1987]
B. 
Refuse containers.
(1) 
Duty to provide and maintain in sanitary condition. Refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents shall be promptly replaced upon notice. The Supervisor shall have the authority to refuse collection for failure to comply herewith.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Garbage. Receptacles shall be containers commercially manufactured for that purpose, equipped with suitable handles and tight-fitting covers, and shall be watertight. Vinyl bags will be acceptable, provided that the vinyl bags are securely tied at the top.
(3) 
Ashes. Ash containers shall be made of metal and have a capacity of not more than 10 gallons.
(4) 
Rubbish. Receptacles shall be containers commercially manufactured for that purpose, equipped with suitable handles and tight-fitting covers. Vinyl bags will be acceptable, provided that the vinyl bags are securely tied at the top.
C. 
Point of collection. Refuse containers shall be placed for collection in a visible and accessible area between the sidewalk line and the curbline immediately in front of the premises.
[Amended 2-20-1979 by L.L. No. 1-1979; 10-21-1985 by L.L. No. 5-1985; 12-21-1987 by L.L. No. 7-1987]
The Department of Sanitation shall make regular collection of all refuse (unless otherwise notified) in accordance with the following schedule and regulations:
A. 
Ashes and rubbish will be picked up on all streets on Wednesdays.
B. 
Recyclable glass, aluminum, tin cans and plastic containers shall be picked up on Tuesday in those areas of the Village located west of Willis Avenue and along the westerly side of Willis Avenue, and on Wednesday in those areas located east of Willis Avenue and the easterly side of Willis Avenue.
[Amended 7-19-1999 by L.L. No. 1-1999; 6-20-2005 by L.L. No. 1-2005]
C. 
Papers will be picked up on all streets every Thursday of each month.
D. 
Garbage will be collected from residences on the following streets on the days indicated:
[Amended 6-20-2005 by L.L. No. 1-2005]
(1) 
Monday and Thursday: Astor Place, Burkhard (417 to 471 and 424 to 484), Campbell, Capitol, Center (11 to 179 and 20 to 180), Charles, Collins, Colonial, Concord (577 to 659 and 514 to 658), Cornwell, Cushing, Franklin, Gilmore (363 to 333 and 276), Goodrich, Hawthorne, Henry, Horton Highway (427 to 491 and 418 to 470), Houston (including 150 and 159), Liberty, Lindbergh Place, Marcellus Road (500 to 612 and 513 to 617), Park Avenue, Park Place, Pembroke, Prospect (13 to 151 and 14 to 122), Remsen, Van Wagner Place, Wellington Road (464 to 474), William (111 to 223 and 12 to 222), York Place, and Lafayette.
(2) 
Tuesday and Friday: Amherst, Broad, Brown, Canterbury, Cornell, Cross, Custer, Dartmouth, Dover, Exeter, Fordham, Harvard, Lehigh, McClellan, Meadowsweet Road, Meagher Place, Mineola Boulevard (412 to 452 and 415 to 485), Nassau Boulevard (397 to 473 and 424 to 516), Pennsylvania (418 to 510 and 419 to 511), Primrose Road, Princeton, Sheridan, Sherman, Shields, Stratford, Syracuse, Temple, Winthrop, and Yale.
E. 
The following restrictions apply to collection practices in the village:
(1) 
Residential.
(a) 
Collection from residential areas is restricted to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday on scheduled days.
(b) 
All refuse shall be in a container commercially manufactured for this purpose and not exceeding 30 gallons in size, have a tight-fitting cover with a maximum filled weight of 75 pounds, except that garden refuse and rubbish will be accepted in wooden boxes, baskets or pails with handles. Refuse, garden refuse and rubbish will be accepted in vinyl bags, provided that the vinyl bags are tied at the top.
(c) 
Quantities of refuse to be collected are limited as follows:
[1] 
Garbage. The equivalent of two thirty-gallon containers scheduled each collection day.
[2] 
Rubbish. The equivalent of two thirty-gallon containers each collection day, plus an additional equivalent of two thirty-gallon containers (six bushel baskets) during the months of May through October, inclusive. Bundled and tied tree trimmings not exceeding five feet in length and 24 inches in any other dimension shall be equal to one thirty-gallon container.
[3] 
Christmas trees. Trees shall be placed at the curb area and will be collected by regular collection or special collection during the month of January each year. Trees do not have to be cut to meet length requirements described in Subsection E(1)(c)[2] above.
[4] 
Large household items. All large household items, such as furniture, refrigerators, etc., will be collected from the curb area on Wednesdays.
[5] 
Ashes. Ashes must be thoroughly water quenched and placed in a fireproof metal receptacle weighing not more than 70 pounds filled and placed with rubbish for collection.
(2) 
Commercial.
(a) 
Collections from commercial or business areas, including residences located in those areas, are restricted to the hours of 10:00 a.m. to 12:00 noon, Tuesday through Friday only.
[Amended 6-20-2005 by L.L. No. 1-2005]
(b) 
All refuse shall be in a container commercially manufactured for that purpose, not exceeding 30 gallons in size, have a tight-fitting cover with a maximum filled weight of 75 pounds. All empty cartons shall be flattened and securely bundled.
(c) 
Quantities. The maximum amount of garbage and rubbish which will be collected on each scheduled collection is based on the size of the building and as follows: the first 5,000 square feet: two thirty-gallon containers or their equivalent; each additional 10,000 square feet or fraction thereof: one additional thirty-gallon container or its equivalent. Exclusions in the computation for determining volume shall be all basements, rooms attached, sheds and other accessory use areas of the subject building and other locations not primarily used in the conduct of the commercial enterprise.
[1] 
Exceptions as to maximum amounts. The computed maximum amounts to be collected above shall not apply to buildings or building uses as follows: schools, public or private; firehouses; houses of worship; public libraries; post offices; municipal use buildings; and veteran and fraternal organization buildings.
[2] 
Special charge. There shall be a charge for all garbage and rubbish collected by the Sanitation Department in excess of the quantity established pursuant to this Subsection E(2)(c). Said scale of charges shall be established by rule or regulation of the Board of Trustees.
(3) 
Prohibitions.
(a) 
Use of barrels, drums, kegs, cardboard boxes or cloth bags for the containing of garbage or rubbish is prohibited.
(b) 
No refuse shall be placed at curbside for collection until nighttime on the day prior to collection in Residential Districts A and B.
[Amended 9-15-2008 by L.L. No. 5-2008; 10-19-2010 by L.L. No. 3-2009]
(c) 
No refuse shall be placed at curbside for collection until nighttime on the day prior to collection in the business area.
[Amended 6-20-2005 by L.L. No. 1-2005; 9-15-2008 by L.L. No. 5-2008]
(d) 
Empty receptacles shall be removed from the curb area not later than three hours after the collection period.
(e) 
Refuse receptacles shall be stored on private property only on a location adjacent to a principal or accessory use building, but in no case shall such receptacle be stored forward of the front building line of the principal structure.
(f) 
It shall be, hereafter, illegal for any person to construct, place or build facilities for the storage of receptacles below property grades (underground).
(g) 
Receptacles shall not be placed for collection inside or within any building, accessory use building or garage.
(h) 
No employee of the village, in the course of his or her duties, shall be required to enter a building or structure to gather or collect any refuse. No employee shall accept or receive any tip or gratuity for the performance of his or her duties or solicit money for any purpose in connection therewith.
(i) 
Persons engaged in the occupation or business of landscaping, landscape contracting or landscape gardening must remove all landscape material from the village and dispose of the same in an authorized manner at an authorized disposal site. Landscape material shall include grass clippings, prunings, leaves, tree branches, trunks, stumps, roots, rocks, sand and any other natural materials indigenous to gardens, lawn, shrubbery and trees.
(j) 
It shall be unlawful for any person to deposit dead animals, parts of dead animals or by-products of the medial treatment of sick or injured animals in any refuse receptacle for regular collection. It shall be the duty of such person to dispose of such matter by special collection only, at charges to be established by rule or regulation of the Board of Trustees.
F. 
Except as may be specified by the Board of Trustees, no collection shall be made on Sundays or the following holidays: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Collections shall take place the following day and shall include Saturdays if one of these holidays falls on a Friday.
Any accumulations of refuse resulting from failure of any person to comply with any provision of this article or from the failure of such person to take advantage of the regular collection service maintained by the village and any waste building materials in excess of ordinary household refuse of such materials shall be removed by such person at his or her expense.
A. 
Abnormal amounts. The Department of Sanitation shall collect on scheduled days amounts of all classes of refuse from the premises in accordance with limitations set forth in § 187-7, but where abnormal amounts are placed for collection, the Department reserves the right to refuse the materials, to defer the collection, to collect the material in part or to make a special collection thereof at charges authorized by the Supervisor of Sanitation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Trees, brush and trimmings. Trees, tree branches and trimmings, large bushes, logs and similar material shall be securely tied in bundles not in excess of 75 pounds nor more than five feet in length and 24 inches in any other dimension. Trees, tree branches and trimmings, large bushes, logs and similar material not reduced to size or bundled as provided in this subsection shall be collected by special collection at charges herein provided, and then only when the material can be readily loaded on a collection vehicle by two people.
C. 
Charges for special collections. The Supervisor is authorized and directed to establish charges for special collections, based on the personnel and equipment required therefor plus a reasonable overhead.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
By virtue of the adoption of this article, the Supervisor of Sanitation, Deputy Supervisor of Sanitation, assistant supervisors and sanitation inspectors shall be empowered to enforce the prohibitions and regulations under all sections of this article, subject to the Village Board's direction.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 10-1-1984 by L.L. No. 6-1984]
The violation of any provision of this article shall be a violation which shall be punishable as provided in Chapter 1, §§ 1-18 and 1-19 of this Code.
[Adopted 2-22-1983 by L.L. No. 2-1983 (Ch. 74 of the 1975 Code)]
As used in this article, the following terms shall have the meanings indicated:
ANNUAL PERMIT
The annual permit hereunder to be issued on a calendar-year basis commencing January 1, 1984, to cover all roll-off containers or dumpsters owned by the owner-lessor.
BUILDING INSPECTOR
The Building Inspector of the Village of Williston Park or his or her designated representative.
LESSEE
Refers to the person renting the roll-off container or dumpster from the owner-lessor.
OWNER-LESSOR
Refers to the person owning or leasing to third parties the roll-off container or dumpster and who applies for and obtains the permit hereunder.
PERSON
Any individual, partnership, firm or corporation.
ROLL-OFF CONTAINER or DUMPSTER
Refers to the type of container usually associated with a vehicle containing hydraulic or mechanical capabilities to lift a prefabricated container from the ground onto the truck for transport purposes or to lift and dump the material contained therein into the body of said truck, the contents of which container is solid waste consisting of refuse, rubbish and other debris.
STREET or HIGHWAY
A thoroughfare within the public domain not less than 30 feet in width, curb to curb.
It shall be unlawful and an offense against this article for any person to place a roll-off container upon any public street within the Village of Williston Park without first obtaining a permit therefor in accordance with the requirements prescribed by this article.
A. 
The street upon which any roll-off container is to be placed must meet a minimum width requirement of 30 feet, curb to curb.
B. 
The roll-off container must be placed parallel to the curb with the street side of the container not more than eight feet six inches from the nearest curb adjacent to the container.
C. 
Roll-off containers shall have a permanent installation of not less than 16 square feet of diagonal reflectorized stripping material at each end of the container facing opposing traffic and shall also have stenciled or otherwise printed thereon, in English letters at least two inches in height, the name, address and telephone number of the owner-lessor and the annual permit number issued to the owner-lessor.
D. 
The roll-off container shall not obstruct any part of the sidewalk or the sidewalk areas adjacent to the street, and the contents thereof shall be emptied and disposed of upon reaching the container's water line.
E. 
The owner-lessor shall be responsible for the repair of any street, sidewalk and curb damage caused by the placement, movement or removal of any roll-off container.
F. 
The Building Inspector shall receive at least 48 hours' prior notice through a written or verbal communication from the owner-lessor before a roll-off container or dumpster is placed upon any village road or other village facility.
G. 
The Building Inspector reserves the right to refuse the placement of any roll-off container or the right to remove a roll-off container from any street location if, in his or her sole judgment or discretion, the Building Inspector determines that the placement of any roll-off container at any street location shall constitute a public nuisance and a hazard because of contour, narrow width, traffic or highway conditions peculiar to the street at or near the proposed location.
H. 
Permission to place a roll-off container on a village street shall be valid for 30 days. Said thirty-day period may only be extended by application to the Building Inspector. Failure to remove said container after the thirty-day period will be deemed a violation of this article.
The Building Inspector may issue an annual permit for the use of a roll-off container upon any village roads or other village facilities as a temporary street obstruction, prior to the placement thereof, upon written application by the owner-lessor in accordance with the following terms and conditions:
A. 
Each annual permit shall be of one year's duration and shall require a written application to renew for each successive calendar year.
B. 
Each application for an annual permit hereunder shall be accompanied by a certificate of insurance from the owner-lessor indicating public liability coverage insuring the Village of Williston Park in an amount not less than $100,000 for injuries, including wrongful death to any person, and, subject to the same limit for each person, in an amount not less than $300,000 on account of each occurrence and a certificate of insurance from the owner-lessor indicating property damage insuring the Village of Williston Park in an amount not less than $50,000 on account of any occurrence and in an amount not less than $100,000 on account of all occurrences.[1]
[1]
Editor's Note: Former § 74.4(3), Annual fee for roll-off containers, which immediately followed this subsection, was repealed 12-21-1987 by L.L. No. 6-1987. See now Ch. 93, Fees.
C. 
The owner-lessor shall also be responsible to the Building Inspector for providing not only his or her own name and address in the original application and renewals thereof but in providing the name and address of the lessee for each and every rental of a roll-off container or dumpster.
A. 
It shall be the duty of the Building Inspector, Village Code Enforcement Officer or any police officer in the County of Nassau to enforce the provisions of this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
For offenses against this article, the owner-lessor shall be the person upon whom an appearance ticket, summons or other process shall be served.
[Amended 10-1-1984 by L.L. No. 6-1984]
Any person, as defined in this article, committing an offense against this article or any section or provision thereof shall be guilty of a violation punishable as provided in Chapter 1, §§ 1-18 and 1-19 of this Code or by imprisonment for a period not exceeding 15 days for each such offense, or both.