[HISTORY: Adopted by the Board of Trustees of the Village
of Buchanan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-15-1971 (Ch. 16 of the 1971 Code)]
A.
ASHES
COMMERCIAL AREA
DUMPSTER
GARBAGE
LITTER
MULTIFAMILY DWELLING
PERSON
PRIVATE DWELLING
PRIVATE PROPERTY
REFUSE
RESIDENTIAL AREA
RUBBISH
SANITATION FOREMAN
SIDEWALK
STREET
VILLAGE
Wherever used in this article, the following terms shall mean and
include:
The residue from the burning of wood, coal, coke or other
combustible materials.
Any area where a club, business, industry or light manufacturing
enterprise is located or operating or any area not classified as residential.
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]
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.
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.
A detached building containing three or more dwelling units.
Any person, employee, servant, agent, firm, partnership,
association, corporation, company or organization of any kind.
A detached building containing two dwelling units or less.
Any property other than that used as a public highway.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish and ashes.
An area primarily zoned and occupied for residential purposes.
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as yard clippings,
metals, wood, glass, bedding, crockery and similar materials.
The Sanitation Foreman of the Village of Buchanan or his
authorized representative.
The area between a building or property line and the street.
Any public street, roadway, highway, lane, alleyway, park,
parking area, grounds or any other public place.
Incorporated area of the Village of Buchanan, New York.
B.
The word "shall" is always mandatory and not merely directory.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
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 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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
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.
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 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.
[Added 12-3-2012 by L.L. No. 7-2012]
A.
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:
(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.
B.
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.
C.
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.
[Added 6-2-2020 by L.L.
No. 3-2020; amended 11-10-2020 by L.L. No. 5-2020]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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
|
F.
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.
[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.
[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.
[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.
[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:
[Amended 6-18-1990 by L.L. No. 4-1990]
A.
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]
B.
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.
