[HISTORY: Adopted by the Board of Trustees of the Village
of Green Island as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 105.
[Adopted 1-24-1955 by Ord. No. 1-1955; amended in its entirety 12-19-1988 by L.L. No.
1-1988]
A.
It shall be unlawful for any person, persons, firm or corporation
to place, store, deposit or dump or cause to be placed, stored, deposited
or dumped, for the purpose of abandonment or otherwise, old junk,
metal, bricks, glass or glass bottles, stones, plaster, lumber, automobiles,
automobile bodies or parts thereof, metal tanks, barrels, metal containers,
swill, garbage or waste material of any nature on any public or privately
owned lot, tract of land, street, lane, alley or park within the corporate
limits of the Village of Green Island.
B.
No person, persons, firm or corporation shall deposit or dump or
cause to be deposited or dumped anywhere in the Village any of the
aforementioned materials which may be collected from any place or
premises situated outside of the corporate limits of the Village of
Green Island.
[Added 8-25-1997 by L.L. No. 1-1997]
No person shall take, remove, molest or otherwise disturb any
refuse, garbage, rubbish, solid disposable materials or outdoor vegetation
which has been placed for and is waiting for removal, except the owner
thereof, without permission from the Department of Public Works of
the Village of Green Island.
Any person, persons, firm or corporation violating the provisions
of this article shall, upon conviction thereof, be punished by a fine
of not less than $250 or imprisonment for a term not to exceed 15
days, or both, for each such offense. Each such violation of this
article may also be separately prosecuted pursuant to the Penal Law
of the State of New York. Each day such violation continues shall
constitute a separate violation and shall be punished separately pursuant
to this article.
[Adopted 11-17-2008 by L.L. No. 2-2008[1]]
[1]
Editor's Note: This local law also repealed former Art.
II, Recycling, adopted 12-17-1990 by L.L. No. 2-1990.
[Amended 8-18-2014 by L.L. No. 4-2014]
The Board of Trustees of the Village of Green Island finds that
the reduction of the amount of solid waste and the conservation of
recyclable materials are important public concerns. The separation
and collection of newspaper, paper, cardboard, glass, cans, plastic
containers, vegetative yard waste and other materials for recycling
from the residential, commercial, industrial and institutional establishments
in the Village will protect and enhance the Village's physical
and visual environment, as well as promote the health, safety and
well-being of persons and property within the Village by minimizing
the potential adverse effects of landfilling through reduction of
the need for landfills and conservation of existing landfill capacity,
facilitating the implementation and operation of other forms of solid
waste management, conserving natural resources, ensuring conformance
with the New York State Solid Waste Management Plan and facilitating
the implementation of a solid waste management plan for the Village
as a whole. The promotion and use of recyclable materials, goods produced
from recyclable materials and goods which facilitate recycling will
further serve the same purpose by encouraging and facilitating recycling.
All commercial, industrial and institutional establishments within
the Village of Green Island shall source-separate and arrange for
the collection of recycling of newspaper and other designated recyclables.
As used in this article, the following definitions shall have
the meanings indicated:
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substances.
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
shall not mean wax-coated or soiled cardboard (i.e., pizza boxes).
The Commissioner of the Department of Public Works.
The transportation, placement or arrangement for transportation
or placement of designated recyclable materials for all possible end
uses to the City of Albany ANSWERS facility or any other facility
designated by the Village of Green Island Board of Trustees.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
All clear (flint), green and brown (amber) colored glass
containers.
A solid waste or a combination of solid wastes which, because
of its quantity, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness; or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed. Such material or
wastes shall include, but are not limited to, explosives, hazardous
radioactive material, toxic substances and those substances which
the federal and state governments and County of Albany have identified
as a hazardous waste pursuant to the above criteria and have included
on a list of hazardous waste promulgated by any of them.
Five or more residential units located on a single property
or continuous properties under common ownership, control or management.
For this purpose, "residential unit" shall mean an enclosed space
consisting of one or more rooms designed for use as a separate residence
and shall include, but not be limited to, an apartment, condominium
unit, townhouse cooperative unit, mobile home, living unit in a group
home and room or set of rooms in a boardinghouse, but shall not include
rooms within a single-family residence, motel or hotel.
Newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
All high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeo paper, duplication paper, magazine,
paperback book, school paper, catalogs, junk mail, computer paper,
telephone books and similar cellulosic material, but shall not mean
wax paper, plastic or foil-coated paper, Styrofoam, wax-coated food
and beverage containers, carbon paper, blueprint paper, food-contaminated
paper, soiled paper and cardboard.
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality
or other governmental agency or any other entity or any group of such
persons which is recognized by law as the subject of rights and duties.
In any provisions of this article prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers, directors, partners,
managers or persons in charge of a company, corporation or other legal
entity having officers, directors, partners, managers, or other persons
in charge.
Containers composed of high-density polyethylenes, polyethylene
terephthalate or other specific plastics as the Village may designate.
A material, which would otherwise become solid waste, which
can be collected, separated and/or processed, treated, reclaimed,
used or reused to produce a raw material or product.
Those recyclable materials designated by this article and/or
by determination of the Village of Green Island Board of Trustees
to be source-separated. The term includes, but is not limited to,
newspaper, glass, paper, cardboard, cans, plastic containers and vegetative
yard waste.
Any process by which materials, which would otherwise become
solid waste, are collected, separated and/or processed, treated, reclaimed,
used or reused to produce a raw material or product.
Any facility designed and operated solely for the receiving
and storing of source-separated designated recyclable materials.
Any person residing within the Village on a temporary or
permanent basis, but excluding persons residing in hotels or motels.
For purposes of this article, "resident" does not include commercial,
industrial or institutional establishments.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, including but not limited to nonrecyclable
paper, wrappings, cigarettes, wood, wires, glass, bedding, furniture
and similar material, which are not designated recyclable materials.
All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including garbage, refuse,
litter, rubbish and industrial waste but not including designated
recyclable material, solid or dissolved matter in domestic sewage
or substances, material in noncontainerized gaseous form or hazardous
material or waste.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
Organic yard and garden waste, leaves, grass clippings and
brush.
All designated recyclables placed for collection or at another
location by residents for collection pursuant to the curbside programs
established by the Village of Green Island Board of Trustees shall
be prepared for collection in accordance with regulations promulgated
by the Board of Trustees.
Designated recyclables required to be placed in recycling collection
areas pursuant to this article shall be prepared for collection in
accordance with regulations promulgated by the Board of Trustees.
The Department of Public Works is authorized to enforce the
provisions of this article and to administer the recycling programs
established herein. The Board of Trustees of the Village of Green
Island may adopt and promulgate, amend and repeal rules and regulations
implementing this article in order to carry out and effectuate the
intent and purposes thereof.
A.
It shall be unlawful for:
(1)
Any person, other than those persons so authorized, to collect any
designated recyclable which has been placed at the roadside for collection
or within a recycling collection area pursuant to this article.
(2)
Any person to violate or to cause to assist in the violation of any
provision of this article or any implementing rule or regulation promulgated
by the Board of Trustees.
(3)
Any person to place or to cause to be placed any material other than
a designated recyclable in or near a recycling collection area.
B.
All unlawful conduct set forth in this section shall constitute a
violation.
The Department of Public Works may refuse to collect solid waste
from any person who has clearly failed to source-separate recyclables
designated under an applicable section of this article at any solid
waste disposal facility to which solid wastes are delivered by the
Village of Green Island.
A.
Nothing contained in this article shall be construed to interfere
with or in any way modify the provisions of any existing contract
in force in the Village on the effective date of this article.
B.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this article, unless renewal of such
contract shall conform to the requirements of this article.
Any person who engages in unlawful conduct as defined in this
article may, upon conviction thereof, in a proceeding before a court
of competent jurisdiction, be sentenced to imprisonment for a term
not to exceed 15 days or to a term of community service related to
the purposes of this article or to pay a fine of not more than $250
and not less than $25, or any combination of the above penalties,
including all associated court costs.
A.
In addition to any other remedy provided herein, the Village of Green
Island may institute a suit in equity where unlawful conduct exists
for an injunction to restrain a violation of this article.
B.
The penalties and remedies prescribed by this article shall be deemed
concurrent. The existence or exercise of any remedy shall not prevent
the Village from exercising any other remedy provided herein or otherwise
provided at law or equity.
C.
The terms and provisions of this article are to be liberally construed,
so as best to achieve and effectuate the goals and purposes hereof.
A.
The provisions of this article are severable. If any provision of
this article or its application to any person or circumstances is
held invalid, said invalidity shall not affect any other provision
or application which can be given effect without the invalid provision
or application of the article.
B.
All provisions of any other local law or ordinance, which are inconsistent
with the provisions of this article, are hereby repealed.
