[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 7-19-2005 by L.L. No. 8-2005 (Ch.
136 of the 2005 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Dumping and storage — See Ch.
96.
Property maintenance — See Ch.
161.
No person shall dump, throw, scatter or deposit,
or direct, suffer or permit any servant, agent or employee to dump,
throw, scatter or deposit, any tree stumps, ashes, automobiles or
part thereof, offal, garbage, oil, cinders, shells, straw, shavings,
paper, dirt, filth, broken glassware, crockery, bottles, cans, construction
material, waste or rubbish of any kind or nature whatsoever in or
upon any private premises or any vacant lot, lots or plots or in fields
or woodlands within the boundaries of the Incorporated Village of
Plandome Manor.
No person, being the owner, driver, operator,
manager or conductor of any cart, truck or other vehicle or of any
receptacle, shall scatter, drop, spill, deposit or permit to be scattered,
dropped, spilled or deposited any dirt, newspapers, tree limbs, stumps,
snow, sand, gravel, clay, loam, stones or building rubbish or household
waste, refuse or rubbish of any sort, ashes, garbage or other organic
refuse or other offensive matter therefrom, or permit the same to
be blown off such cart, truck or vehicle by the wind, in or upon any
public or private premises in the Incorporated Village of Plandome
Manor.
A. For the purposes of this section, certain words are
defined as follows:
GARBAGE
Includes offal, filth, dirt, ordinary kitchen, cooking and
household wastes, decaying vegetables, animal matter and food containers
of metal, glass, paper, plastic and other similar material.
RUBBISH
Includes ordinary household trash, such as wastepaper, cartons,
crates, rags, ashes, household furnishings and the like, grass clippings,
lawn rakings, leaves, hedge trimmings, trimmings from vines or trees
and other similar materials.
B. All garbage shall be placed and kept in receptacles
constructed of metal or other suitable material which shall at all
times be kept covered with a tight-fitting lid.
C. All rubbish which can be scattered unless securely
confined shall be placed and kept in containers of a type which shall
prevent the contents from being sifted or broadcast or blown about.
D. All highly flammable or explosive materials shall
be placed and kept in separate suitably marked containers to ensure
safety in handling thereof.
All garbage and rubbish, as those terms are defined in §
185-3 of this chapter, and other waste materials shall be kept and disposed of in the manner following:
A. No garbage receptacles shall be stored on or in any
front yard. Garbage receptacles may be kept in side or rear yards
but shall be screened and not visible from the street.
B. All rubbish and receptacles or containers of rubbish
shall be set out for collection no earlier than 6:00 p.m. on the day
prior to the day scheduled for collection of rubbish.
C. All garbage, refuse or other waste materials shall
be gathered and set out for removal with such frequency that the same
shall not constitute or contribute to the creation of a nuisance or
be detrimental to public health or safety or endanger the health of
any person.
D. No garbage, refuse or other waste material shall be
kept or placed in any location that would cause or contribute to a
public nuisance or be a detriment to the public health or safety or
endanger the health of any person.
E. No garbage, refuse or other waste material shall be
left and/or placed adjacent to or near a curb and/or street (public
or private) for collection.
A. Unless otherwise expressly stated, the term "dumpster"
or "waste container" shall be deemed to mean any container used in
the normal course of demolition or construction for the purpose of
storing, containing and/or carting debris of any kind or any container
employed for garbage or refuse collection, provided by a garbage or
refuse service for commercial collection or mass storage of garbage
and refuse, where the volume of the same shall exceed 55 gallons.
B. No dumpster or other waste container shall be placed
upon any sidewalk, street or other public place within the Village.
C. Every dumpster or other waste container placed within
the Village shall comply with the following additional requirements:
(1) Every dumpster or waste container shall be conspicuously
marked with the name, address and telephone number of its owner.
(2) No dumpster or waste container shall create an offensive
odor, be a health hazard or become a nuisance.
(3) No commercial dumpster or waste container within the
Incorporated Village of Plandome Manor shall remain in place for more
than 48 hours after being filled.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, Article
I, Penalties and Assessments, of the Code of the Incorporated Village of Plandome Manor.
[Added 10-17-2023 by L.L. No. 4-2023]
The Board of Trustees of the Village of Plandome Manor finds
that:
A. The continued use of landfills for solid waste disposal poses a threat
to human health and safety through increased risk of groundwater pollution
and other environmental health and safety hazards.
B. The removal of certain materials from the solid waste stream will
decrease the flow of solid waste to landfills.
C. There is a significant amount of recyclable material present in the
solid waste generated in the Village.
D. The recovery and reuse of such recyclable material reduces the amount
of solid waste conventionally disposed of by providing an environmentally
acceptable disposal alternative.
E. Recycling reduces the demand for increasingly unavailable landfill
areas and protects the health, safety and welfare of the Village by
promoting prudent disposal programs essential for the protection of
the environment.
F. The New York State Solid Waste Management Act of 1988 requires that
municipalities adopt a local law or ordinance for separating solid
waste into recyclable, reusable or other components for which economic
markets for alternate uses exist.
G. The mandatory separation of designated recyclables from the solid
waste stream generated within the Village will foster maximum environmental
and economic benefits with the minimum inconvenience to its residents
and property owners.
H. The present system of post-collection separation of recyclables is
the most efficient, economical and adequate method to comply with
the New York State Solid Waste Management Act of 1988.
I. An integral element of a recycling program is the reservation of
the authority to adopt appropriate rules and regulations, including
the right, from time to time, to designate or delete the type of material
which shall be recycled; the type, manner, means and method of separation;
and the method of storage, collection and disposal of recyclables.
The purpose of the Village of Plandome Manor in enacting this
article is to:
A. Provide for the health, safety and general welfare of the residents
of the Village.
B. Increase the life expectancy of existing and potential landfill areas
and to decrease the need for alternative refuse disposal facilities
through a comprehensive program of waste stream reduction and recycling.
C. Decrease the threat to human health and safety posed by the effects
of landfill disposal on groundwater quality.
D. Identify methods of collection, reduction and separation which encourage
the most efficient and economical utilization of solid waste disposal
facilities and contribute to more effective programs for the reuse
of solid waste.
E. Ensure the long-range preservation of the health, safety and well-being
of the public and environmental quality of the Village of Plandome
Manor by conserving resources and reducing the potential for pollution
of the environment.
F. Set forth, from time to time, the methodology to be used for the
efficient separation and collection of reusable and recyclable materials
from the Village's solid waste stream.
G. Comply with provisions of the New York State Solid Waste Management
Act of 1988.
H. Establish and reserve to the Board of Trustees the authority to adopt,
as required from time to time, appropriate rules and regulations relating
to the type of materials to be recycled, as well as the type, manner,
means and method of separation to be utilized.
The following words and terms shall have the following meanings:
NONRECYCLABLE MATERIALS
All solid waste other than recyclable materials and recyclables
generated by the Village, other than prohibited materials.
PERSON
Any individual, firm, corporation, association or partnership.
PROHIBITED MATERIALS
Materials that contain hazardous or toxic substances or are
not suitable for residential disposal and which will not be collected
or permitted to be placed in recyclable containers as set forth in
the rules and regulations.
RECYCLABLE MATERIALS
Discarded solid waste material which may be reclaimed and
is in the form of paper, glass, metals and plastics.
RECYCLABLES
Specific types of recyclable materials as shall be designated
by the Board of Trustees pursuant to rules and regulations adopted
hereunder.
RULES AND REGULATIONS
Rules and regulations which are duly adopted by the Board
of Trustees at a public meeting.
In the event that collectors cease to provide post-collection
separation of recyclable materials or in the event the Board of Trustees
determines that post-collection separation no longer meets the requirements
or the purpose of the New York State Solid Waste Management Act of
1988, the Board of Trustees shall, by resolution, adopt appropriate
rules and regulations to provide for source separation, and upon such
adoption, the owner, lessee or occupant of every dwelling within the
Village shall separate and dispose of recyclables as follows:
A. Prior to collection, all recyclables shall be processed and cleaned,
with all contents removed, in accordance with the rules and regulations.
B. Recyclables shall be placed in an approved color-coded container
which has been designated for the particular recyclable group. Recyclables
shall not be stored or mixed in the same container with other forms
of solid waste.
C. Newsprint shall be bundled and securely tied with a string or placed
in a brown paper bag.
D. Recyclables shall be collected on a periodic basis and properly disposed
of at a suitable processing center.
In the event that the Board of Trustees determines to establish
a source recycling program, containers for the purpose of collecting
and storing recyclables will be initially provided by the Village
to every dwelling. Such containers will remain the property of the
Village and must be kept clean and in good condition. Recycling containers
are not to be used for any purpose other than as described herein
and in accordance with the rules and regulations. In the event that
such containers are lost, damaged or stolen, additional equivalent
containers must be provided by the property owner at his or her own
expense.
In the event that the Board of Trustees determines to establish
a source recycling program, the Board of Trustees, by resolution,
shall establish a collection schedule and applicable procedures for
the collection of recyclables.
A. In the event that the Board of Trustees determines to establish a
source recycling program, it shall be unlawful and a violation of
this article for any person to:
(1) Place or to cause to be placed or to permit any material, other than
a designated recyclable, in an approved recyclable container.
(2) Permit or to allow or to knowingly fail to separate and prepare recyclables
for collection in accordance with the provisions of this article.
After providing five days' written notice by certified mail,
return receipt requested, to the occupant of a dwelling, a private
carter or municipality may refuse to collect said solid waste from
any dwelling where a violation of this article exists.
(3) Collect or to cause to be collected recyclables which are in violation
of this article.
(4) Permit or to allow or to cause to occur a violation of any rules
and regulations promulgated hereunder and duly adopted by resolution
of the Board of Trustees.
B. Any property owner upon whose land solid waste is left for collection
or storage in such a manner as to be in violation of this article
shall be deemed and presumed to be the person who shall have placed
or deposited such solid waste on the property.
Any person found to violate any provision of this article or
any rule or regulation promulgated hereunder shall be guilty of a
violation pursuant to the Penal Law of the State of New York, punishable
by a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. Each day that such
violation exists shall constitute a separate offense.
It shall be the duty of the Village Building Inspector, Code
Enforcement Officer, Nassau County Police Department and any other
individual designated by the Board of Trustees, and they shall have
the power, right and authority, to enforce the provisions of this
article and to issue appearance tickets for violations.
The Board of Trustees is empowered and authorized to promulgate
and establish by resolution any rules and regulations which are necessary
and proper to implement and administer the provisions of this article.
In the event that any portion, paragraph or provision of this
article shall be declared invalid by a court of competent jurisdiction,
such invalidity shall not affect the provisions of any other portion,
paragraph or section hereof.