[Adopted 2-14-1968 (Ch. 20 of the 1972 Code)]
[Amended 12-5-1984 by L.L. No. 2-1984]
A. 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. 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. 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]
As used in this article, the following terms shall have the
meanings indicated:
COMMERCIAL HANDBILL
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:
A.
Advertises for sale any merchandise, product, commodity or thing.
B.
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.
C.
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.
D.
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.
FREON-CONTAINING PRODUCTS
Any and all appliances, containers, and/or products that
contain or contained Freon, including, but not limited to, refrigerators,
air conditioners, freezers and dehumidifiers.
GARBAGE
Any animal or vegetable matter capable of fermentation or
decay.
HAZARDOUS MATERIALS
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.
LITTER
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.
NEWSPAPER
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.
NONCOMMERCIAL HANDBILL
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."
PARK
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.
PERSON
Includes an individual, a partnership, an association or
corporation.
PREMISES
Land, buildings or other structures, vehicles or parts thereof,
upon or in which the refuse or garbage is stored.
REFUSE
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.
RUBBISH
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. 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.
B. 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. 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.
D. 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. 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.
F. 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.)
G. No containers shall be placed in the paved area of the street or
any part thereof awaiting collection.
H. 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. 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. 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]
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.
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. 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. 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]
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. 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. 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.
[Amended 12-5-1984 by L.L. No. 2-1984; 8-1-2001 by L.L. No.
5-2001]
Any person who shall violate any provision of this article shall be punishable as provided in Chapter
1, Article
II, General Penalty, of the Village Code.
[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)]
As used in this article, the following terms shall have the
meanings indicated:
RECYCLABLES
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:
A.
Paper, clean and unsoiled, including:
(1)
Newsprint, all newspapers and newspaper advertisements, supplements,
comics and enclosures.
(2)
Magazines and telephone books.
(3)
Corrugated boxes, cardboard, cardboard cartons, pasteboard and
similar corrugated and kraft paper materials, provided that they are
free of foreign matter and refuse.
(4)
Paper recyclables do not include miscellaneous stationery products
such as discarded letters and envelopes or any paper products other
than those listed.
B.
Glass:
(1)
Clear (flint) and rinsed clean of food or beverage residue.
(2)
Amber, brown and green glass food containers rinsed clean of
food or beverage residue.
(3)
Glass which is excluded from the recycling program is as follows:
mirrors, china and ceramic material.
C.
Metals:
(1)
Ferrous and bimetal cans with one end removed.
(2)
Aluminum cans, including beverage cans and cans used to contain
foodstuff and rinsed clean of food residue.
(3)
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.
D.
Plastics:
(1)
Plastic containers used to hold food, beverage and other household
commodities.
(2)
Plastics which are excluded are plastic utensils, plates, toys
and other items not used to contain food or beverages.
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.
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.