[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-14-1968 (Ch. 20 of the 1972 Code)]
[Amended 12-5-1984 by L.L. No. 2-1984]
A.Â
The Board of Trustees has found and hereby declares that there exist
in the Village of Malverne structures used for residential and nonresidential
purposes which are or may become in the future a menace to the health,
safety, morals, welfare and reasonable comfort of the citizens and
inhabitants of the Village because of the accumulation on the open
spaces surrounding such structures of litter, garbage, rubbish, refuse
and disabled machinery or vehicles and because of generally unsanitary
conditions creating or tending to create insect, rodent, vermin or
other pest infestations.
B.Â
The improper storage of garbage and refuse and indiscriminate littering
are unsanitary and a detriment to the preservation of public health,
the protection of property and property values and the safety and
welfare of the residents of the Village of Malverne. The control of
the types and storage of garbage containers to prevent depredation
by animals and the prevention of unsanitary littering and certain
restrictions on littering on private property are, therefore, regulated
for the preservation of the public health, safety and welfare of the
residents of the Village of Malverne.
C.Â
The Board of Trustees of the Village of Malverne hereby declares its intention to preserve the Harris Field Park as a park for use by the residents of the Village and to continue the use of the remainder of the facility as the headquarters of the Department of Public Works with as little disturbance to neighboring Village residents as possible; therefore, dumping and storage of garbage as defined in § 500-2 (any animal or vegetable matter capable of fermentation or decay) or for use as a transfer station for any nonmetal, trash, litter or debris is prohibited and to be consistent with federal and state law.
[Added 1-18-1995 by L.L. No. 1-1995]
[Amended 8-1-2001 by L.L. No. 5-2001[1]]
As used in this article, the following terms shall have the
meanings indicated:
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise
reproduced original or copy of any matter of literature which:
Advertises for sale any merchandise, product, commodity or thing.
Directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales.
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which an admission fee is charged
for the purpose of private gain or profit.
While containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Any and all appliances, containers, and/or products that
contain or contained Freon, including, but not limited to, refrigerators,
air conditioners, freezers and dehumidifiers.
Any animal or vegetable matter capable of fermentation or
decay.
Any and all appliances, containers, and/or products that
contain or contained any toxic, combustible, flammable, poisonous,
corrosive, carcinogenic, radioactive and/or disease-contaminated materials,
including but not limited to oils, gasoline, paint, acids and medical
waste.
Garbage, refuse and rubbish as defined herein and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to the public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulations,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issues per year and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
"commercial handbill" or "newspaper."
A park, reservation, playground, ball field, basketball court,
or any other public area in the Village, owned or used by the Village
and devoted to active or passive recreation.
Includes an individual, a partnership, an association or
corporation.
Land, buildings or other structures, vehicles or parts thereof,
upon or in which the refuse or garbage is stored.
All solid wastes of a community other than garbage and body
wastes, such as rags, paper, cardboard, shoes, ashes, small metal,
rubber and wooden scrap, leaves and other material of the same general
nature.
Includes waste metal, tin cans, ashes, cinders, glass, pottery
and all discarded substances of a solid and incombustible nature.
[Amended 9-20-1972; 12-5-1984 by L.L. No. 2-1984; 8-1-2001 by L.L. No.
5-2001]
Refuse and garbage shall be stored for collection as follows:
A.Â
Garbage shall be drained and stored in durable, rust-resistant, nonabsorbent,
watertight containers, which shall have close-fitting covers and adequate
handles to facilitate collection and which shall be of not more than
32 gallons in capacity or 40 pounds in weight.[1]
B.Â
Ashes shall be kept dry and stored in fire-resistant containers with
close-fitting covers. Such containers shall be not greater than 20
gallons in capacity and shall have a combined weight (container and
contents) not exceeding 85 pounds.
C.Â
Other refuse, except recyclable materials, shall be stored in durable
containers with close-fitting, detachable covers, and possessing handles,
not exceeding 32 gallons in volume or 40 pounds in weight, except
that bulky refuse may be packed and bundled together and firmly tied
so as to be easily handled, not exceeding four feet in length, two
feet in diameter, or 85 pounds in weight.[2]
D.Â
All containers for refuse, garbage and/or recycling shall be kept
in a proper state of repair, shall be kept free from nails and sharp
edges and in a sanitary condition, and the contents shall be kept
in such condition that they may easily be removed.
E.Â
No refuse, garbage and/or recycling shall be placed at the curb prior
to 7:00 p.m., prevailing time, or 30 minutes past sunset, whichever
occurs earlier, prior to the regular collection day, and all containers
shall be removed from the curb and stored within 12 hours after collection.[3]
F.Â
No building materials from either new buildings or remodeled buildings
with building permits shall be placed at curbs. The owner or contractor
shall be responsible for the disposal of same. (The Building Inspector
shall stamp this on all building permits.)
H.Â
Freon-containing products. All Freon-containing products shall be
placed at the curb for collection on such day of the week as designated
by the Superintendent of the Department of Public Works or the Board
of Trustees by resolution.
I.Â
Air-tight products. Any and all appliances, products or materials
placed out for collection which are by their nature sealed air tight
shall be disassembled in such a way as to eliminate them from being
air tight, by removing such doors, hinges, hatches, etc. as necessary.
J.Â
Special pickup. All bulk items made of glass and/or metal, except
Freon-containing products, shall be placed at the curb for pickup
on such day designated for collection of recyclable materials. All
bulk items made of wood, nonrecyclable plastic, carbon composite or
other bulk materials, whether they also contain glass and or metal,
shall be placed for pickup on a day designated for "special pickup"
by the Superintendent of the Department of Public Works or the Board
of Trustees by resolution. Such special pickup shall be arranged in
advance by contacting the Village during normal business hours.
[Amended 9-7-1983 by L.L. No. 1-1983]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Village except in public
receptacles or in authorized private receptacles.
[Added 9-7-1983 by L.L. No. 1-1983; amended 12-5-1984 by L.L. No.
2-1984; 8-1-2001 by L.L. No. 5-2001]
No person shall throw or deposit litter, refuse, garbage or
rubbish on the private premises of another at any time, nor shall
the owner, tenant or occupant of private property suffer or permit
litter, refuse, garbage, rubbish or disabled machinery or vehicles
to accumulate on or to remain on such private premises.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place.
[Amended 8-1-2001 by L.L. No. 5-2001[1]]
No persons shall sweep into or deposit in any gutter, street
or other public place within the Village the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
No persons owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the Village the accumulation of litter from any building or lot or
from any public or private driveway or sidewalk. Persons owning or
occupying places of business within the Village shall keep the sidewalks
in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Village.[1]
Collections shall be made on such days as the Board of Trustees
may designate.
[Added 8-1-2001 by L.L. No. 5-2001]
No resident or entity shall place, or cause to be placed, or allow to be placed more than 10 receptacles, as defined in § 500-2, for collection on any single collection day, per individual dwelling structure or commercial unit.
[Amended 8-1-2001 by L.L. No. 5-2001]
A.Â
Lawn cuttings, tree cuttings, hedge trimmings, leaves (except as provided for in § 500-14), plants and/or other yard waste shall be placed for collection in cartons, baskets, or other containers not exceeding 32 gallons in capacity or 45 pounds in weight. Bulk tree trimmings or hedge trimmings shall be placed for collection in tied bundles not heavier than 50 pounds and not more than four feet in length.
B.Â
Any licensed or unlicensed landscaper, gardener, and/or horticulturist
who contracts or agrees to provided landscaping, gardening or horticultural
services to any resident or commercial entity in the Village shall
be responsible to remove any and all lawn cuttings, tree cuttings,
hedge trimmings, leaves, plants and/or other yard waste.
The owner, agent, lessee, tenant or occupant of any premises
whereon a business or industry is conducted shall arrange for the
removal of refuse from the business or industry each day, unless sufficient
and suitable facilities are provided and used for storage of such
refuse on such premises until removal of the refuse from the premises.
During the season specified by Village authorities for collection
of leaves from the streets, leaves may be placed in the street not
less than one foot from the curb or curbline of said street immediately
abutting the premises.
No person shall place or deposit or dump, or allow, permit,
aid or abet the placing or depositing or dumping of, any ashes, garbage,
paper or rubbish of any kind upon vacant property or in any of the
highways or public streets of the Incorporated Village of Malverne,
except in conformity with the rules and regulations governing same.
[Added 8-1-2001 by L.L. No. 5-2001[2]]
Contractors that provide landscaping, gardening or horticultural
services to any resident or commercial entity within the Village of
Malverne must have a contractor's permit issued by the Village of
Malverne, after payment of the appropriate fee, valid for the date
or dates of such service.
[Added 8-1-2001 by L.L. No. 5-2001]
A.Â
The Superintendent of the Building Department, Building Inspector,
Assistant Building Inspector, Superintendent of the Department of
Public Works, Code Enforcement Officer, and other duly appointed law
enforcement officers of the Village shall be charged with the duty
of administering and enforcing this article. Violators are subject
to court action.
B.Â
The Superintendent of the Building Department, Building Inspector,
Assistant Building Inspector, Superintendent of the Department of
Public Works, Code Enforcement Officer, and other duly appointed law
enforcement officers of the Village shall issue a notice of violation,
or order, ordering the correction of any condition found to be opposite
to or in violation of this article.
[Added 8-1-2001 by L.L. No. 5-2001]
Whenever any provision of this article is in conflict with any
other provision of this article or any other statute or local law
applicable or covering the same subject matter, the most restrictive
provision or the one imposing the highest standard shall govern and
be supreme.
[Adopted 9-27-1989 by L.L. No. 4-1989 (Ch. 33 of the 1972
Code)]
A.Â
The conservation of recyclable materials is now a necessity in order
to conserve natural resources, and the cost of solid waste disposal
is ever increasing and available residue disposal landfill facilities
are rapidly decreasing. It is therefore the intention of the Village
of Malverne to establish a program for the mandatory separation of
recyclables from garbage and rubbish within the Village. Such a program
will reduce both the amount of solid waste to be disposed of and the
cost of landfill disposal. In addition, the separation, collection
and sale of recyclable materials will reduce the financial burden
of solid waste disposal on the taxpayers of the Village of Malverne.
B.Â
This article of the Code of the Village of Malverne shall regulate
the separation of recyclables by the residents of the Village in accordance
with the New York State Solid Waste Management Plan.
As used in this article, the following terms shall have the
meanings indicated:
Discarded material which may be reclaimed, comprising solid
waste in the form of paper, glass, metals and plastics and which may
be further defined as follows:
Paper, clean and unsoiled, including:
Newsprint, all newspapers and newspaper advertisements, supplements,
comics and enclosures.
Magazines and telephone books.
Corrugated boxes, cardboard, cardboard cartons, pasteboard and
similar corrugated and kraft paper materials, provided that they are
free of foreign matter and refuse.
Paper recyclables do not include miscellaneous stationery products
such as discarded letters and envelopes or any paper products other
than those listed.
Metals:
Ferrous and bimetal cans with one end removed.
Aluminum cans, including beverage cans and cans used to contain
foodstuff and rinsed clean of food residue.
Metals which are excluded from recyclables consist of lawn chairs,
screen frames, air conditioners, dryers, refrigerators, hot water
tanks, stoves and other "white" goods which are collected as bulk
on the designated day.
A.Â
There is hereby established within the Village a program ("curbside
program") for the separate collection of paper, cardboard, glass and
cans from all non-physically disabled residents of the municipality
located within said area and from all other persons, including commercial
or institutional establishments, within said area whose solid waste
is collected by or on behalf of the Village of Malverne. Said curbside
program shall not apply to any apartment complex or condominium complex.
B.Â
Collections or recyclable materials pursuant to this article shall
be upon the days established by the Recycling Coordinator and pursuant
to a schedule established by the Superintendent of Public Works, subject
to approval of the Board of Trustees.
C.Â
All residents of the Village of Malverne within the area serviced by the curbside program established pursuant to this article shall source separate all designated recyclables and place them at the side of the road fronting their residence in the manner designated by § 500-23 of this article and on the date specified for collection of the schedule published by the Village.
A.Â
It shall be the responsibility of each homeowner or occupant of the
Village to ensure that all recyclable materials are properly separated
from other discarded materials and are cleaned, or otherwise prepared
for collection, in accordance with this article. All recyclable materials
shall be placed in one or more recycling containers provided for that
purpose by the Village. In the event that the amount or size of the
recyclable materials exceeds the capacity of the designated containers,
then the excess recyclable materials shall be placed in separate containers
and placed alongside the designated containers when placed at the
curb for collection.
B.Â
Paper recyclables may be placed in paper bags or tied in bundles
not to exceed 35 pounds in weight nor exceeding one foot in thickness,
prior to the collection, removal or disposal of the same. Bundled
newspaper is to be placed within or on top of the recycling container
or adjacent to the recycling container. Papers are not to be secured
with wire or plastic bindings or placed in plastic trash bags.
C.Â
Corrugated boxes, cardboard, cardboard cartons, pasteboard and similar
paper materials are to be broken down and tied securely in bundles
not to exceed 35 pounds.
D.Â
Glass shall be placed in the recycling container for collection.
The glass bottles and jars must be rinsed clean of food or liquid
residue and be placed in the container without any caps.
E.Â
Metals.
(1)Â
Ferrous and bimetal cans must have one end removed and they must
be rinsed clean of food residue and be placed in the recycling container.
(2)Â
Aluminum cans, including beverage cans and cans used to contain foodstuff,
must be rinsed clean of food residue and be placed in the recycling
container.
(3)Â
Metal cans must have their labels removed.
F.Â
Plastics. Plastic bottles and containers used to hold beverage and
other household goods must be rinsed clean to remove residues and
be placed in the recycling container.
G.Â
It shall be unlawful for any person to collect, remove or dispose
of solid waste which consists of recyclables combined with other forms
of solid waste after the date set by the Board of Trustees for mandatory
recycling.
H.Â
From the time recyclables are placed at the curb by any resident,
ownership of such materials set out for collection shall thereupon
vest in the Village of Malverne. It shall be unlawful for a person
to collect, remove or dispose of recyclables which are the property
of the Village. Each such collection in violation hereof from one
or more residences shall constitute a separate and distinct offense.
I.Â
The Recycling Coordinator is empowered to designate the day of the
week on which recyclables shall be collected, removed and disposed
of from a particular area, subject to approval of the Board of Trustees.
J.Â
No person having custody or control of residential premises within
the Village of Malverne shall permit or cause any garbage, rubbish
or other refuse, including recyclables, within their control, to become
a hazard or potential hazard to public travel, health or safety or
to become a nuisance of any sort.
K.Â
The Village Board of Trustees or its duly authorized representative
shall be permitted to promulgate such other rules and regulations
as may be deemed necessary to effectuate the intent of this article.
A.Â
Containers for the purpose of separating and placing recyclable materials
for collection will be provided by the Village to residents. Such
containers will remain the property of the Village and must be kept
in a good and clean condition by such residents. Recycling containers
are not to be used for any purpose other than as described in this
article. In the event that such containers are lost, damaged or stolen,
additional containers shall be available from the Department of Public
Works, upon payment of an appropriate fee to be established by resolution
of the Village Board of Trustees.
B.Â
Each homeowner or occupant may obtain an additional recycling container
at no charge from the Village upon a showing of need. Additional requests
may be granted at the discretion of the Superintendent of Public Works.
Advance arrangements must be made for all additional recycling containers.
C.Â
Homeowners or occupants within the Village shall affix their respective
street addresses to any recycling container provided to them by the
Village. Such address shall be affixed by means of a white permanent
marking.
D.Â
In the event that the Village Board of Trustees or the Recycling
Coordinator finds that additional measures are necessary in order
for such recyclable materials to be marketable, the Board or Recycling
Coordinator shall have the power to require that homeowners or occupants
within the Village undertake such measures, provided that reasonable
advance notice is given to such homeowners or occupants.
The Recycling Coordinator is hereby authorized to establish
collection schedules and routes for the collection of recyclable materials
and to cause reasonable notice of requirements thereof to be given
to the residents of the recycling areas, subject to approval of the
Board of Trustees.
Notwithstanding any other provisions of this article, used motor
oil shall only be disposed of by delivery to a service station which
is required under state law to accept such material, or through other
facilities authorized by law to accept such material.
A.Â
It shall be unlawful for:
(1)Â
Any person, other than those persons lawfully authorized, to collect
any designated recyclable or scavenge or remove any articles from
any recyclable container which has been placed at the roadside for
collection or at a drop-off point.
(2)Â
Any person to violate or to cause to assist in the published violation
of any provision of this article or any rules and regulations promulgated
by the Village of Malverne pursuant to this article of the Village
Code concerning recycling.[1]
(3)Â
Any person to place or to cause to be placed any material other than
a designated recyclable in or near a recycling drop-off point.
(4)Â
Any person to hinder, to obstruct, to prevent or to interfere with
the Village of Malverne, or any other authorized persons in the performance
of any duty under this article or in the enforcement of this article.
(5)Â
Any recyclables to be placed at the roadside more than 10 hours prior
to the regular collection day, or to have containers remain at the
roadside more than 12 hours after collection.
It shall be the duty of the Superintendent of Public Works,
the Department of Public Works Sanitation Foreman, the Code Enforcement
Officers, police officers and other authorized officials to administer
the provisions of this article.
A.Â
The Board of Trustees, by resolution, may add to or exclude from,
from time to time, the separation and recycling program of any materials
set forth in this article.
B.Â
The Board of Trustees, by resolution, may exclude various types of
establishments from participation in and compliance with this article.
C.Â
The Board of Trustees, by resolution, may delay the requirement of
segregating various materials.
A.Â
In the event that an owner or occupant of a dwelling within the Village
fails to separate and prepare recyclable materials for collection
in accordance with the provisions of this article after being given
reasonable notice of these requirements, collection of all solid waste
from such dwelling will be suspended until such time as the owner
or occupant can demonstrate compliance with the provisions of this
article. Such compliance can be demonstrated by placing properly separated
and prepared recyclable materials at the curb in one or more designated
recycling containers on the next scheduled collection date for such
recyclable materials.
B.Â
In addition to the provisions of Subsection A above, any person committing an offense against this article or any provision or section thereof shall be guilty of a violation. Each day that such violation exists shall constitute a separate offense. Such an offense shall be punishable by a fine and/or imprisonment in accordance with the following schedule:[1]
(1)Â
For a first conviction, by a fine not to exceed $50.
(2)Â
For a second conviction within one year, by a fine not to exceed
$100.
(3)Â
For a third conviction within one year, by a fine not to exceed $200.
(4)Â
For a fourth conviction within one year, by a fine of not less than
$300 nor more than $500.
