[HISTORY: Adopted by the Board of Trustees
of the Village of Williston Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-22-1975 by L.L. No. 2-1975
as Ch. 72 of the 1975 Code; amended in its entirety 2-22-2021 by L.L. No. 2-2021]
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:
The residue from the burning of wood, coal, coke or other
combustible materials.
A vehicle designed, built and used for the purpose of collecting
refuse.
Any area where business, industry and light manufacturing
enterprises are located or operating or any area not classified as
residential.
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.
That day on which the holiday is officially celebrated by
the Village.
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.
Thirty minutes after sunset until 30 minutes before sunrise.
To pick up, collect, load or otherwise perform collection
of refuse.
Any property other than that used as a public highway.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish and ashes.
An area primarily zoned and occupied for residential purposes.
Nonputrescible sold wastes (excluding ashes) consisting of
both combustible and noncombustible wastes, such as yard clippings,
metals, wood, glass, bedding, crockery and similar materials.
The Supervisor of the Department of Sanitation of the Village
of Williston Park.
Trash can with wheels and a lower lift bar for fully automated
and semiautomated collection systems.
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.
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.
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, Department
of Code Enforcement. 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.
A.
Separation of refuse.
(1)
Garbage, 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 50 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 receptables when filled shall not exceed 50 pounds in total weight, excluding tipper pails.
(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. No grease,
oil, petroleum or hazardous liquids will be collected by the Village.
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.
(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)
Tipper pails. All new pail replacements in residential and commercial
areas shall be of the "tipper" style.
(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.
The Department of Sanitation shall make regular collection of
all refuse (unless otherwise notified) in accordance with the following
schedule and regulations:
A.
All commercial garbage/refuse picked up curbside must be placed in
approved tipper pails. All bags shall be placed in tipper pails.
B.
Recyclable glass, aluminum, tin cans, paper and plastic containers
shall be picked up on Wednesdays in all areas of the Village. (See
Village website for recyclable materials.)
C.
On the first collection day for each route after a holiday there
will not be any heavy pickup, only regular garbage pickup.
D.
Garbage will be collected from residences on the following streets
on the days indicated:
(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 Monday through
Friday on scheduled days.
(b)
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 § 187-8B.
(c)
Large household items. All large household items, such as furniture,
refrigerators, etc., will be collected from the curb areas on regular
scheduled garbage collection day.
(d)
Ashes. Ashes must be thoroughly water quenched and placed in
a fireproof metal receptacle weighing not more than 50 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 Monday through Friday only.
(b)
All refuse shall be in a container commercially manufactured
for that purpose, have a tight-fitting cover with a maximum filled
weight of 50 pounds, with the exception of tipper pails.
(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.
(c)
No refuse shall be placed at curbside for collection until nighttime
on the day prior to collection in the business area, with the exception
of Sunday night. No garbage is to be placed out on Sunday night.
(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 medical 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, Columbus Day, Election Day, Thanksgiving
Day and Christmas Day, or any holiday approved by the Board of Trustees.
Refer to the holiday collection schedule.
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, 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.
B.
Residential: 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 a minimum
of two people. Contractors must remove material.
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.
By virtue of the adoption of this article, the Supervisor of
Sanitation, Deputy Supervisor of Sanitation, assistant supervisors
and sanitation inspectors, Code Enforcers/Building Inspector shall
be empowered to enforce the prohibitions and regulations under all
sections of this article, subject to the Village Board's direction.
[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:
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.
The Building Inspector of the Village of Williston Park or
his or her designated representative.
Refers to the person renting the roll-off container or dumpster
from the 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.
Any individual, partnership, firm or corporation.
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.
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]
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.
[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.
