[1]
Editor's Note: Former Art. II, Collection, adopted by L.L. No. 10-1988, § 2, was repealed 2-9-2009 by L.L. No. 1-2009, § 1.
[L.L. No. 1-2009, § 2; L.L. No. 2-2010, § 1]
As used in this article, the following terms shall have the meanings indicated:
(a) 
BUSINESS — A building or property used for business, manufacturing or other commercial purposes, including senior living facilities, hotels and nursing homes.
(b) 
COLLECTION DAY — Days scheduled by the Village for different types of pickup.
(c) 
COMMERCIAL USE — Any business use, including senior living facilities, hotels and nursing homes.
(d) 
DUMPSTER — A large trash receptacle for any material.
(e) 
GARBAGE — Wastes resulting from the handling, preparation, cooking and consumption of food; wastes from the handling, storage and sale of produce.
(f) 
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.
(g) 
MECHANICALLY EMPTIED CONTAINER — A container of 0.25 through eight cubic yards, the make and model of which is compatible with Village collection trucks. All such containers shall be on functioning casters or located to allow collection by Village vehicles and shall be equipped with lift bars and lift hooks compatible with Village equipment.
(h) 
MULTIFAMILY DWELLING — A detached building containing three or more dwelling units.
(i) 
NONRESIDENTIAL PREMISES — Commercial, industrial or institutional premises or a parcel of land containing three or more residential units.
(j) 
PERSON — Any person, employee, servant, agent, firm, partnership, association, corporation, company or organization of any kind.
(k) 
PRIVATE DWELLING — A detached building containing two dwelling units or fewer.
(l) 
PRIVATE PROPERTY — Any property other than public highways, parks, parking lots and other publicly or municipally owned and/or maintained property.
(m) 
PRIVATE REFUSE COLLECTION SERVICE — Any non-Village refuse collection service that collects and removes waste from dumpsters or similar containers.
(n) 
PUBLIC PLACE — All parks, parking lots and any municipally owned and/or maintained property, including the park, lawn and sidewalks surrounding the Village Hall.
(o) 
RECEPTACLE — Containers of galvanized metal or other durable and nonflammable material for the storage of garbage. Such containers shall include but are not limited to trash cans, dumpsters or similar such containers.
(p) 
RECYCLABLES — Materials collected and picked up by the Village destined for disposal and reprocessing or remanufacturing for further use.
(q) 
REFUSE — Combustible trash, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding: noncombustible trash, including but not limited to metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass crockery and other mineral waste; street rubbish, including but not limited to street sweepings, dirt, leaves, catch basin dirt and contents of litter receptacles; and automobiles not having a current valid New York State motor vehicle inspection certificate, except currently registered out-of-state vehicles. "Refuse" shall not include earth and wastes from building operations, nor shall it include solid or chemical wastes resulting from industrial processes and manufacturing operations such as food processing wastes, boiler house cinders, lumber, scraps and shavings, nor shall it include recyclables as defined by the Westchester County Source Separation Law.
(r) 
RESIDENTIAL AREA OR ZONE — An area primarily classified as residential by the Zoning Ordinance of the Village for residential purposes, or a building legally used as a residence, even if not in a residential district.
(s) 
BULK RUBBISH — Nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as, but not limited to, metals, glass, paper, wrapping, cardboard, cigarettes, tin cans, bedding, rags, boxes, crockery and similar materials. Noncombustible rubbish does not include waste, waste building material or stones, nor does it include recyclables as defined by the Westchester County Source Separation Law.
(t) 
SIDEWALK — That portion of a street between the curblines of a roadway and the adjacent property lines intended for the use of pedestrians.
(u) 
STREET — The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular travel.
(v) 
VILLAGE — The Village of Tuckahoe, Westchester County, New York.
(w) 
YARD WASTE — Miscellaneous waste material, such as tree branches, brush, twigs, grass and shrub clippings, weeds, leaves and general yard and garden waste materials, but does not include earth or building materials or the part of any tree, shrub, tree trunk or stump which exceeds three feet in dimension, nor does it include recyclables as defined by the Westchester County Source Separation Law.
[L.L. No. 1-2009, § 2]
(a) 
Accumulation prohibited. The owner, lessee, contractor, tenant or other person having management or control of or occupying any lot or plot of land in the Village, excluding any location designated by the Board of Trustees of the Village of Tuckahoe or the Westchester County Department of Health for such purposes, shall keep such land at all times free and clear of any accumulation of garbage, refuse, rubbish, litter and waste or discarded matter of any type, including automobiles, except such as may be deposited for collection and disposal purposes as provided for herein. Upon due notice, in writing, by the Superintendent of Public Works, the Building Inspector, the Code Enforcement Officer or the Police Department of the Village, given to such owner, lessee, contractor, tenant or other person to remove said accumulation of garbage, refuse, rubbish, litter and waste or discarded matter from said lot or parcel of land and upon failure to comply within a period of 24 hours after the service of said notice, said owner, lessee, contractor, tenant or other person may be deemed to have violated the provisions of this article. Notice shall be served by regular mail, in person or by leaving a copy thereof with a person of suitable age and discretion. Notwithstanding the foregoing, owners, lessees, contractors, tenants or other persons having management or control of or occupying any lot or plot of land shall only be entitled to three notices in any calendar year.
(b) 
Dumping prohibited. No person shall dump, deposit, throw, place, cast or bury ashes, rubbish, yard rubbish, grass cuttings, tree cuttings, leaves, garbage, waste matter, offal or discarded matter of any type on any lot or plot of land in the Village, other than compost heaps such as may be utilized by a home gardener when stored on his own property and appropriately screened from view, provided that such compost heaps do not develop obnoxious odors, attract rodents or otherwise create a hazard to the health and enjoyment of neighboring property owners. Discarded matter shall include any junked or abandoned vehicle which is without a currently valid license plate and is in either a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative or abandoned condition.
(c) 
Contents from vehicles prohibited. No person being the owner, driver or operator of any car or other vehicle, including construction vehicles, and no owner of any receptacle shall scatter, drop or spill or permit to be scattered, dropped or spilled any dirt, gravel, sand, clay, loam, stone or building rubbish or hay, straw, oats, sawdust, shavings or other light materials of any sort or manufacturing, trade or household waste, refuse or rubbish of any sort or ashes, manure, garbage or other organic refuse or other offensive matter therefrom or permit the same to be blown off therefrom by the wind upon any street or sidewalk or right-of-way or public place in the Village.
(d) 
Liquid wastes on streets prohibited. No person shall allow any swill, brine or any offensive animal matter or any bad-smelling or noxious liquid or other matter of any kind contaminated with filth to run or fall into or upon any street, sidewalk, right-of-way or public place in the Village or be taken or put thereon. No person shall illicitly discharge any liquid wastes or fluids or debris into any storm drain.
(e) 
Animals wastes on sidewalks and public places prohibited. No person owning or having the care, custody or control of any domestic animals, including cats, whether leashed or unleashed, shall permit such animal to soil, deface or commit any nuisance upon any sidewalk or public place in the Village.
[L.L. No. 1-2009, § 2; L.L. No. 2-2010, § 2]
(1) 
All garbage, refuse, rubbish, litter and waste material of any type accumulated in the Village shall be collected, conveyed and disposed of under the supervision of the Superintendent of Public Works or his designee, who shall have the authority to make regulations concerning the days of collection, type, size and location of disposal containers, and such other matters pertaining to collection, conveyance, and disposal as he shall find necessary. The Superintendent of Public Works shall have the authority to change and modify any regulations after due notice to residents, merchants, operators of commercial establishments and any other persons so affected.
(2) 
Commercial uses within the Village will be designated as Class A through Class J depending on size, use, number of dwelling units or number of business uses. Property owners will be charged a fee as set by the Board of Trustees by resolution for such services.[1] Fees will be billed on a quarterly basis and must be paid before services will be rendered.
[1]
Editor's Note: The current Fee Schedule is on file in the Village offices.
(3) 
In order to use the Village services for pickup of mechanically emptied containers, the business owner will be required to sign a collections agreement approved by the Village Superintendent of Public Works and pay the user fees as adopted by the Board of Trustees. Any commercial user may opt out of the Village collection and instead have his or her garbage and/or recyclables collected by a private carter. Such private collection shall be made at least once per week. Any such owner choosing to have his or her garbage collected by a private carter who had previously had his or her garbage collected by the Village shall notify the Village in writing that Village pickup will not be necessary and advising which day of the week the private collection will be made.
(4) 
The Superintendent of Public Works shall promptly discontinue service to any person, residence, business, store, factory, restaurant or other commercial establishment for which the user fee is not timely paid.
(5) 
Where the property owner or tenant has provided a mechanically emptied container, the Superintendent of Public Works may authorize Village trucks to enter upon such property with the written permission of the owners. The location of the container must be approved by the Superintendent of Public Works.
[L.L. No. 1-2009, § 2]
A. 
Garbage, ashes and rubbish shall be placed and maintained in containers or receptacles.
B. 
It shall be the duty of every person having the ownership, 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 and rubbish ordinarily accumulated by the occupants of such land or building, each in separate receptacles, and allocate an area for storage of such receptacles in the interval between regular collections. Any waste material other than garbage, ashes and rubbish, which cannot be readily deposited in any receptacles, may be compacted and securely bundled, tied or packed so as to be easily handled, but shall not weigh more than 60 pounds and shall not be likely to be scattered and, when packed and secured, may be placed at the curb on curb pickup days. Such packages or bundles should not exceed three feet in length.
C. 
Such receptacles shall not exceed 32 gallons' capacity and, when filled, shall not exceed 60 pounds in total weight. Each of such receptacles provided for in this article shall be commercially manufactured for the purpose, equipped with suitable handles, watertight, kept covered with a tight-fitting, flanged cover and maintained in good and sanitary condition and shall be free of water or wetted materials. Receptacles shall be protected at all times from rain or snow and from being disturbed, displaced or spread about by persons, animals or the elements. Provision must be made that debris is not scattered by wind. Residential areas are limited to two containers per any one dwelling unit. Commercial areas are limited to two containers per establishment.
D. 
Any container or receptacle 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 replaced promptly upon notice. The Superintendent of Public Works shall have the authority to suspend collection for failure to comply herewith.
E. 
Refuse containers shall be placed in the sidewalk area immediately in front of the buildings in business districts at specified collection times. Refuse containers shall be placed at ground level in an accessible location at the side or rear of a dwelling or building in any residential district and of residences in commercial and manufacturing districts. During the winter, a path or a way must be cleared from the street to the location of the garbage containers. At all times other than collection times, receptacles must be stored out of public view on the owner's property. The Superintendent of Public Works may authorize the removal of garbage and ashes from the receptacle storage areas, provided that such storage areas are readily accessible to the collection vehicle and collection in this manner will, in his opinion, result in a more expeditious removal of garbage and ash accumulation from such receptacles.
F. 
(1) 
Trash containers used for one- and two-family residences are not permitted in the front yard. If a practical difficulty in locating them in the side or rear yards can be proven to the satisfaction of the Planning Board, then said containers may be placed in the front yard in a manner and location acceptable to the Planning Board. If containers are to be placed in the front yard, then the Planning Board may require enclosure, screening, or both, as may be acceptable to the Board and following the guidelines contained herein for commercial, industrial or multifamily properties.
(2) 
An industrial, commercial and multifamily use container shall not occupy a right-of-way or be located in a required yard (setback). The Planning Board may specify a minimum distance from the property line of an adjoining property for the proposed location.
(3) 
The Planning Board will exercise the following preferences with regard to the proposed location of containers:
(a) 
The first (most) preferred location is inside the primary structure or building on the lot.
(b) 
The second preferred location is the rear yard.
(c) 
The third preferred location is the side yard.
(d) 
The fourth (least) preferred location is the front yard.
(4) 
The Planning Board shall use the following criteria to assess the proposed location:
(a) 
The more visible a proposed location is to adjoining properties, pedestrians and passing vehicles, the less preferred the location will be.
(b) 
A lesser preferred proposed location shall be required to have more screening and a higher quality aesthetic value than a more preferred location.
[L.L. No. 1-2009, § 2]
A. 
Generally. The Village shall make regular collections of all refuse as often and during such specified hours as shall be prescribed by the Superintendent of Public Works. Collections shall be made from receptacles when placed on or in front of any premises at such accessible locations as shall be designated herein or by the Superintendent of Public Works. The Superintendent of Public Works shall have the right to omit collections from any premises where a vicious dog is permitted to run at large or where employees of the Village are subject to any unnecessary danger or hazard.
B. 
Residential collections.
(1) 
Regular collections from residential zones and residences in commercial and industrial zones shall be made from Monday through Friday on days and hours scheduled by the Superintendent of Public Works.
(2) 
All refuse shall be in a container commercially manufactured for this purpose and not exceeding 32 gallons in size and shall have a tight-fitting cover with a maximum filled weight of 60 pounds.
(3) 
Quantities of refuse to be collected are limited as follows:
(a) 
Garbage. The equivalent of two thirty-two-gallon containers each collection day.
(b) 
Yard rubbish. The equivalent of two thirty-two-gallon containers. Bundled and tied tree trimmings, not exceeding three feet in length and 24 inches in any other dimension, shall be equal to one thirty-two-gallon container. All must be placed at curbside no more than 12 hours before regular pickup.
(c) 
Christmas trees. Trees shall be placed at the curb area and will be collected by regular collection yard waste during the months of January and February each year. Christmas trees do not have to be cut to meet length requirements described otherwise herein.
(d) 
Large household items. All large household items which cannot be picked up with regular garbage on the sanitation truck shall be placed at curbside no more than 12 hours before regular pickup and shall be equal to no more than two thirty-two-gallon containers in size. All large household metal items shall be placed at curbside no more than 12 hours before a scheduled metal pickup. The Superintendent of the Department of Public Works shall have the authority to decline certain materials in accordance with the Village's ability to dispose of such materials. In the event that such materials have been declined by the Village, they must be removed from curbside within 12 hours from the time of refusal.
(e) 
Leaf removal. During the autumn leaf-removal period, all leaves are to be picked up in bulk from the curb. At all other times, leaves must be in standard manufactured leaf bags and closed with appropriate ties.
C. 
Prohibitions.
(1) 
Use of barrels, drums, kegs, cardboard boxes or cloth bags for the containing of garbage is prohibited.
(2) 
Empty receptacles shall be removed from the curb area within the same day, unless otherwise prescribed by the Village.
(3) 
Unless otherwise provided for herein, refuse receptacles shall be stored only on private property, on a location adjacent to a principal or accessory use building, and in no case shall such receptacles be stored on public property or forward of the front building line of the principal structure.
(4) 
It shall hereafter be illegal for any person to construct, place or build facilities for the storage of receptacles below property grade (underground).
(5) 
Receptacles shall not be placed for collection inside or within any building, accessory use building or garage or any place above or below level.
(6) 
No person shall prevent or interfere with any employee of the Village in the sweeping or cleaning of any street, sidewalk or right-of-way or in the removal therefrom of sweepings, litter, snow, ice or other refuse material.
(7) 
No person, other than an authorized employee or agent of the Village or a private collection agency authorized by the owner or occupant of the property, shall disturb or remove any garbage, refuse, rubbish, paper or boxes that have been placed outside of private houses or lots for removal.
(8) 
No employee of the Village, in the course of his duties, shall be required to enter a building or structure to gather or collect any refuse.
[L.L. No. 1-2009, § 2]
A. 
The Village shall not collect or dispose of any garbage, rubbish or refuse resulting from construction, alteration or demolition of a building. Such materials include but are not limited to concrete, plaster, wood studs, asphalt, cinder blocks, brick, sawdust, sod or dirt and any material otherwise commonly known as "building materials." Moreover, the Village shall not collect or dispose of any building materials generated by a contractor or resident contractor. Notwithstanding the foregoing, in the event that building materials result from or are generated by work performed by a property owner or resident, individually, the building materials may be placed at the curb for collection and pickup by the Village, provided that the quantity of such building materials does not exceed 60 pounds per collection day. In collecting such building materials, the Village shall only collect and pickup building materials limited to wood, wooden studs, doors, trim and sawdust. The Village shall not collect or dispose of any highly combustible materials, toxic or hazardous chemicals, automobile or other vehicle parts and junk vehicles. The Village shall not collect or dispose of any tree stumps or branches, unless they are split in sections six inches or less in diameter and three feet or less in length; branches shall be securely tied in bundles for easy handling.
B. 
In the event that the private removal of such debris requires use of a dumpster or other similar type of container, no such container shall be placed upon public property without a permit therefor having been issued by the Village in accordance with the procedures set forth in Subsection C of this section. Each such container must be properly secured after working hours for prevention of injury or accident and must be properly illuminated with lanterns or other such safety devices on the outside perimeter of the same, and under no circumstances shall such a container remain for more than 10 working days in any calendar month. No such permit shall issue unless the applicant shall place with the Village a certificate of insurance in an amount to be determined by the Superintendent of Public Works.
C. 
Upon issuance of said permit, the applicant shall pay a fee in the sum of $250 for the placement of such a container upon public property for a period of time not to exceed five consecutive days. In the event that the placement of such a container exceeds said five-day period, an additional fee shall be required in the sum of $50 per day for each additional day. In addition, upon the issuance of any such permit, the applicant shall deposit with the Village of Tuckahoe the sum of $500 as security for the faithful performance of the requirements of this subsection.
D. 
The Village shall have no obligation to collect, pickup and/or remove any refuse, garbage, bulk rubbish, yard waste, building materials, appliances and/or household furnishings which were not generated and/or created by an owner, lessee, tenant or other person having management or control of or occupying any lot or plot of land in the Village.
[L.L. No. 1-2009, § 2]
A. 
Any accumulations of refuse resulting from failure of any person to comply with a 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 expense.
B. 
The Village will collect, on scheduled days, amounts of all classes of refuse from the premises in accordance with limitations set forth herein, but where abnormal amounts are placed for collection, the Superintendent of Public Works reserves the right to refuse the materials, to defer the collection, to collect the material in part or to make special collection thereof at charges authorized by the Superintendent of Public Works.
[L.L. No. 1-2009, § 2]
A. 
Violation of the provisions of this article shall be punishable, upon conviction thereof, by a fine not exceeding $350 or imprisonment not exceeding 15 days, or both, which shall be enforceable by the Superintendent of Public Works, the Building Inspector, the Code Enforcement Officer and any police officer in the Village Police Department.
B. 
In addition to the penalties indicated in Subsection A above, the Superintendent of Public Works, the Building Inspector, the Code Enforcement Officer and any police officer in the Village Police Department shall have all other remedies and techniques for the enforcement granted by this article or any other law, statute or regulation, including but not limited to summary action, injunctive relief and civil actions for damages to the environment.
[L.L. No. 1-2009, § 2]
The provisions of Article VII of the Sanitary Code of the Westchester County Health District adopted by the Westchester County Board of Health, as amended, applicable to offensive material shall apply, except as required herein, and the provisions of this article shall be considered to be an addition to the provisions of the Sanitary Code of the Westchester County Health District.