Village of Buchanan, NY Solid Waste

A metal container owned or provided by the owner or occupant of property receiving on-site collection service having the capacity of 1 1/2 cubic yards or larger, which is approved by the Building Inspector for the deposit of garbage, trash, refuse and recyclables while awaiting collection.

[Added 12-3-2012 by L.L. No. 7-2012]

GARBAGE

Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, and readily combustible material such as paper, cardboard, wood, excelsior, cloth, food cans, glass food containers and bottles.

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.

MULTIFAMILY DWELLING

A detached building containing three or more dwelling units.

PERSON

Any person, employee, servant, agent, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE DWELLING

A detached building containing two dwelling units or less.

PRIVATE PROPERTY

Any property other than that used as a public highway.

REFUSE

All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish and ashes.

RESIDENTIAL AREA

An area primarily zoned and occupied for residential purposes.

RUBBISH

Nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes, such as yard clippings, metals, wood, glass, bedding, crockery and similar materials.

SANITATION FOREMAN

The Sanitation Foreman of the Village of Buchanan or his authorized representative.

SIDEWALK

The area between a building or property line and the street.

STREET

Any public street, roadway, highway, lane, alleyway, park, parking area, grounds or any other public place.

VILLAGE

Incorporated area of the Village of Buchanan, New York.

The word "shall" is always mandatory and not merely directory.

§ 163-2 Unlawful acts; litter baskets.

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 Village Board and/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, as provided for by this article. Upon due notice in writing by the Sanitation Foreman or the Police Department of the Village of Buchanan, New York, 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 five days after the service of said notice, said owner, lessee, contractor, tenant or other person shall be deemed to have violated the provisions of this article. Notice shall be served by regular mail or in person.

No person shall deposit, throw, cast or bury ashes, rubbish, refuse, grass cuttings, tree cuttings, leaves, garbage, waste matter, offal or discarded matter of any type, including automobiles, on any lot or plot of land in the Village other than small inoffensive compost heaps such as may be utilized by a home gardener when stored on his own property and appropriately screened from view.

No person shall throw, cast, lay or direct, suffer or permit any person to throw, cast or lay any litter and waste or discarded matter of any type, including automobiles, on any street, sidewalk or right-of-way within the Village.

Litter baskets. The Sanitation Foreman shall place on sidewalks, parking areas or any other public place litter baskets as may, in his discretion, be required. No person shall deposit in such litter baskets accumulations of litter, refuse and waste or discarded matter of any type from private or commercial property which must be deposited for collection or disposal, as provided for by this article.

No person, being the owner, driver or manager of any car or other vehicle, 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 in the Village.

No person shall allow any swill, brine or any offensive animal matter or any bad smelling or noxious liquid or other filthy matter of any kind to run or fall into or upon any street, sidewalk or right-of-way in the Village or be taken from or put thereon.

No person having the care, custody or control of any domestic animal, including cats, whether leashed or unleashed, licensed or unlicensed, shall permit such animal to excrete its body waste upon any sidewalk area, parking areas, parks or other public grounds in the Village.

§ 163-3 Collection and disposal; appeals.

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 Sanitation Foreman. The Village Board 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 it shall find necessary. The Sanitation Foreman shall have the authority to change and modify any regulations after due notice to all concerned. During the autumn leaf removal, leaves are picked up in bulk at the curbline. All other leaves must be in containers or plastic bags which are supplied by the Village.

Appeals. Any person aggrieved by a regulation or fee charged by the Sanitation Foreman shall have the right to appeal to the Village Board, which shall have the authority to confirm, modify or revoke any regulation or fee.

§ 163-4 Placement for collection; storage; refuse containers.

Garbage, ashes and rubbish shall be placed and maintained in containers or receptacles.

It shall be the duty of every person having the 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, such as cardboard boxes and containers, may be compacted and securely bundled, tied or packed so as to be easily handled, but not weighing more than 60 pounds and not 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.

Each of such receptacles provided for in this section shall be watertight, kept covered with a suitable cover and maintained in a sanitary condition by periodic cleaning, except that, in instances where approved one-cubic-yard or one-and-one-half-cubic-yard containers are used, such receptacles shall not exceed a thirty-two-gallon capacity and, when filled, shall not exceed 60 pounds in total weight.

Each such receptacle containing garbage or rubbish shall be free of water or wetted materials.

(1)

Refuse containers.

(a)

Duty to provide and maintain in sanitary condition. Refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises. Refuse containers shall be maintained in good condition. Any container 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 promptly replaced upon notice. The Village Board shall have the authority to refuse collection for failure to comply herewith.

(b)

Garbage and rubbish. Receptacles shall be containers commercially manufactured for the purpose, equipped with suitable handles and tight-fitting covers, and shall be watertight. Suitable plastic garbage bags may be used so long as no food waste is placed in the bag.

[Amended 9-4-2018 by L.L. No. 3-2018]

(c)

Ashes. Ash containers shall be made of metal.

(2)

Points of collection.

(a)

Refuse containers shall be placed for collection in a visible and accessible area behind the curbline immediately adjacent to the premises. Such containers shall not be placed for collection before 5:00 p.m. on the evening before collection.

[Amended 6-18-1990 by L.L. No. 4-1990]

(b)

The Village Board 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 its opinion, result in a more expeditious removal of the garbage and ash accumulation from such receptacles.

§ 163-5 Collection scheduling; regulations.

Generally, the Village shall make regular collections of all refuse as often and during such specified hours as shall be prescribed by the Village Board. Collection shall be made from receptacles when placed on or in front of any premises at such accessible locations as shall be designed by the Village Board. The Sanitation Foreman 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.

Residential.

(1)

Regular collections from residential areas shall be made on Monday, Tuesday, Thursday and Friday on days and hours scheduled by the Village Board.

(2)

The first Wednesday of each month will be cleanup day.

(3)

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; or suitable plastic garbage bags.

(4)

Quantities of refuse to be collected are limited as follows:

(a)

Rubbish. Bundled and tied tree trimmings, not exceeding three feet in length and 24 inches in any other dimension, which will be collected on the first Wednesday of each month.

(b)

Christmas trees. Trees shall be placed at the curb area and will be collected by regular collection or special collection during the month of January each year. Trees do not have to be cut.

(c)

Large household items. All large household items, such as furniture, refrigerators, etc., will be collected by appointment with the Sanitation Foreman. The Sanitation Foreman shall have the authority to decline certain materials in accordance with the Village's ability to dispose of such materials.

[Amended 6-18-1990 by L.L. No. 4-1990]

(d)

Ashes. Ashes must be thoroughly water-quenched and placed in one fireproof metal receptacle weighing not more than 60 pounds filled and placed with rubbish for collection.

Prohibitions.

(1)

Use of barrels, drums, kegs, cardboard boxes or cloth bags for the containing of garbage shall be prohibited.

(2)

Empty receptacles shall be removed from the curb area within 24 hours after collection unless otherwise prescribed by the Sanitation Foreman.

(3)

Refuse receptacles shall be stored on private property on a location adjacent to a principal or accessory use building, but in no case shall such receptacles be stored forward of the front building line of the principal structure unless they are off the sidewalk area and completely obscured from public view.

(4)

It shall be, hereafter, 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 curb 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.

§ 163-6 Materials not collected.

The Village shall not collect or dispose of any debris such as plaster, stone, brick, sawdust, sod or dirt resulting from general contracting, renovating or landscape contracting; nor shall the Village collect or dispose of any cleaning establishment waste, highly combustible materials, junk automobiles or parts or branches and tree stumps unless they are split in sections six inches or less in diameter and three feet or less in length. Removal of such debris shall be arranged privately.

§ 163-7 Excessive accumulations of refuse.

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.

The Sanitation Foreman shall collect on scheduled days all classes of refuse from the premises in accordance with the limitations set forth in § 163-5, but where abnormal amounts are placed for collection, the Sanitation Foreman 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 Village Board.

§ 163-7.1 Dumpsters.

[Added 12-3-2012 by L.L. No. 7-2012]

Placement and usage.

(1)

Dumpsters are prohibited from being placed in streets or in the front yard of a property. Dumpsters must be kept in the driveway of the property at the furthest accessible point from the street. All dumpsters must be placed on paved off-street surfaces. The applicant must obtain preapproval of the location by the Village Building Inspector in the following situations:

(a)

If the property does not have a driveway;

(b)

If the location of the unit in the driveway is in the front yard of the property; or

(c)

The property is a corner lot.

(2)

No dumpster shall be loaded in such a manner as to cause its contents to spill onto any street, sidewalk or other areas intended for pedestrian traffic.

(3)

No dumpster shall contain hazardous waste unless pursuant to a permit for such waste issued by the appropriate governmental entity.

(4)

No materials contained in any dumpster shall emit any noxious or offensive odor or otherwise create any hazard or risk to public health.

(5)

Dumpsters shall be emptied within five business days after reaching full capacity, as determined by the Building Inspector or his or her designee, in his or her sole discretion.

Time limitations.

(1)

If a person, firm, or corporation has a valid building permit, a dumpster may remain on site for the period of time in which the building permit remains valid and open pursuant to the Code of the Village of Buchanan. If a person, firm, or corporation does not have a valid building permit, then in that case a dumpster may remain on site for a period not to exceed 30 days.

(2)

In an emergency or other unusual circumstance, the time period set forth above may be extended for an additional 30 days by contacting the Village of Buchanan Building Inspector. The Building Inspector may allot a longer time period dependent upon need, in his or her sole discretion.

Applicability. This section does not apply to persons, firms or corporations who have had dumpster(s) approved via a valid site plan for the property in question.

§ 163-7.2 Imposition of dumpster fees.

[Added 6-2-2020 by L.L. No. 3-2020; amended 11-10-2020 by L.L. No. 5-2020]

The owners of all properties where dumpsters are serviced by the Village of Buchanan shall be charged for the removal of wastes generated by such properties at a rate as set forth in the Village of Buchanan Master Fee Schedule. The term "owner" shall be defined as an individual or company that has owners' rights to the property.

A dumpster is defined as having a volume not exceeding two cubic yards. Dumpsters exceeding two cubic yards will not be serviced by the Village of Buchanan. Any owner of property where dumpsters are serviced by the Village of Buchanan shall be entitled to have one (1) dumpster per property for refuse picked up without charge by the Village of Buchanan.

Any owner of property which has more than one dumpster shall pay a pickup fee as established by the Village Board of Trustees and set forth in the Master Fee Schedule maintained in the office of the Village Clerk.

Not more than four thirty-two-gallon containers of garbage, trash, rubbish and/or refuse shall be collected in any one week, with no more than two such containers being picked up at any one time. Any owner of land disposing of or allowing a tenant to dispose of garbage, trash, rubbish, and/or refuse in excess of four waste containers per week shall instead provide one or more dumpsters which are compatible with the Village collection trucks for mechanical dumping and shall pay the dumpster fee as established by the Village Board of Trustees.

Billing and payment for use of dumpsters shall be made quarterly in advance of each quarter as described below:

(1)

Schedule for each year:

Month of Billing	Due Date	Months Covered By Payments
December	December 31	January, February and March of the next ensuing year
March	March 31	April, May and June of that year
June	June 30	July, August and September of that year
September	September 30	October, November and December of that year

In order to use Village of Buchanan services for pickup of more than one dumpster per week, the owner will be required to sign a collection agreement approved by the Village Board of Trustees one time only and pay the user fees as set forth in the Master Fee Schedule maintained in the office of the Village Clerk. Any owner of property providing or allowing a tenant to have one or more mechanically emptied containers may opt out of Village collection and instead have all refuse 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, or his or her tenants' garbage collected by a private carter who previously had his or her garbage collected by the Village shall notify the Village Clerk, in writing, that Village pickup will not be required for the next quarter and advising which day of the week the private collection will be made.

(1)

The Village of Buchanan shall promptly discontinue service to any owner of land, person, residence, business, store, factory, restaurant, or other commercial establishment for which the user fees required by this section are not timely paid.

(2)

The Village Highway Department shall not be required to remove construction debris, mechanically operated vehicles or machinery or any parts thereof, including tires.

§ 163-7.3 Preparation and mailing of bills.

[Added 6-2-2020 by L.L. No. 3-2020]

Bills for all garbage collection services contemplated by this article shall be prepared on or before the 30th day following each quarterly period, commencing with the first day of the Village fiscal year 2020-2021 and continuing thereafter, and shall be mailed to the owner of the premises or property as the same appears upon the last completed assessment roll of the Village of Buchanan, New York. If more than one person shall appear as the owner of the premises or property, the bill may be mailed to any one of such persons.

§ 163-7.4 Payment due date.

[Added 6-2-2020 by L.L. No. 3-2020]

Bills for garbage collection services provided pursuant to this article shall be payable in the face amount without penalty within 30 days following the date as indicated upon the bill mailed to the consumer.

§ 163-7.5 Penalties for past-due bills.

[Added 6-2-2020 by L.L. No. 3-2020]

Penalties shall accrue against dumpster collection fees as follows: There shall be charged a penalty on past-due sanitation fees at the rate of 10% following 30 days from the date of billing and the rate of an additional 2% per month for each additional 30 days or part thereof of delinquency.

§ 163-7.6 Unpaid dumpster fees.

[Added 6-2-2020 by L.L. No. 3-2020]

Such unpaid dumpster fees shall constitute unpaid garbage fees, and those amounts, together with the amount of penalty as herein prescribed and due by reason of nonpayment of such garbage fees, shall be a lien on the real property upon which or in connection with which the garbage collection is used, and if not paid by February 1 of the fiscal year in which accrued, the amount thereof, together with the penalty as herein prescribed, shall be included in the next annual tax levy and shall be levied upon the real property.Re:

§ 163-8 Penalties for offenses.

[Amended 6-18-1990 by L.L. No. 4-1990]

Any person, firm or corporation violating § 163-4, 163-5 or 163-7.1 of this article shall be liable for a fine not to exceed $25 for a first offense. Each subsequent offense shall be punishable by a fine not to exceed $100 per offense. Each (day, week) continued violation is considered a separate violation.

[Amended 12-3-2012 by L.L. No. 7-2012]

Any dumping of trash, refuse or other debris in violation of this article shall be a misdemeanor and shall be punishable by a fine of not less than $500. Further, upon conviction for such offense, any violator shall be subject to such additional penalties as mandated by law.