[HISTORY: Adopted by the Board of Trustees of the Village of Brewster 2-21-2018 by L.L. No. 1-2018; amended in its entirety 12-19-2018 by L.L. No. 1-2019.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Housing maintenance — See Ch. 148.
Littering — See Ch. 154.
ATTACHMENTS
Attachment 1 - Exhibit A
[1]
Editor’s Note: This local law superseded former Ch. 205, Solid Waste, consisting of Art. I, Collection and Disposal, adopted 8-14-1991 by L.L. No. 3-1991, as amended, and Art. II, Residential Refuse and Garbage Collection, adopted 11-14-2002 by L.L. No. 2-2002, as amended.
A. 
The Village of Brewster has no municipal garbage collection facilities or equipment.
B. 
It is not only necessary but vital to the health, safety and general welfare of the Village of Brewster and its inhabitants that the Village regulate the collection of waste and bulk.
C. 
The Village of Brewster Board of Trustees deems and considers it to be in the best interest of the Village, its residents and visitors to regulate the pickup and collection of waste and bulk.
For the purposes of this article, the following words and phrases shall have the meanings ascribed to them in this section:
APARTMENT BUILDING
A group of multifamily dwellings containing more than five families living independently of each other as separate and distinct housekeeping units.
ASHES
The residue from the burning of wood, coal, coke or other combustible materials.
BULK
Items not normally and usually generated by residents/inhabitants on a daily basis. May include, but not limited to, furniture, furnishings, appliances, cabinetry, plumbing, and fixtures. This shall not include those appliances or equipment that contain Freon, HVAC condensate or any other hazardous materials as defined by federal or state statute or local code. This definition excludes garbage, trash/rubbish, ashes, recyclable materials and yard waste. Bulk items are as set forth in the Solid Waste Rules and Regulations as adopted, and as may be amended, by resolution of the Board of Trustees of the Village of Brewster.
DWELLING, MULTIFAMILY
A building arranged, intended or designed to be occupied by two or more families living independently of each other as separate and distinct housekeeping units.
DWELLING, SINGLE-FAMILY
A dwelling containing one dwelling unit only.
ELECTRONIC WASTE (E-WASTE)
Discarded electrical or electronic devices.
FAMILY
One or more persons occupying a dwelling unit and living as a single housekeeping unit.
GARBAGE
Food, vegetable, fruit or similar organic waste.
PREMISES
Land, buildings or other structures, vehicles or parts thereof upon or in which waste and bulk is stored.
RECYCLABLE MATERIALS
All items as may be deemed and designated by Village of Brewster to have a value in the recycling market. In general, recyclable materials in the Village of Brewster will be as set forth in the Solid Waste Rules and Regulations as adopted, and as may be amended, by resolution of the Board of Trustees of the Village of Brewster.
TRASH/RUBBISH
All solids other than ashes, garbage, yard waste and recyclable materials.
WASTE
Where appropriate herein, the terms "garbage," "ashes," "trash/rubbish," "yard waste" and "recyclable materials" may be collectively referred to herein as "waste."
YARD WASTE
Leaves, grass clippings, hedge trimmings and tree trimmings.
Sanitation shall be under the supervision and control of the Commissioner of Sanitation. The Commissioner of Sanitation shall have the responsibility for the collection and disposal of all waste and bulk. The Commissioner of Sanitation shall carry out all rules and regulations promulgated by the Village of Brewster Board of Trustees concerning such matters as the days for collection of waste and bulk, the location of containers therefor and all other matters relating to the storage, collection and disposal thereof. The Commissioner of Sanitation shall be appointed by the Village of Brewster Board of Trustees. Because of the limited resources of the Village of Brewster, nothing shall prohibit a Trustee of the Village of Brewster Board of Trustees from serving as Commissioner of Sanitation.
The Board of Trustees shall designate the contractor, Department of Public Works (the "DPW") and/or its authorized agents to collect and dispose of all waste and bulk acceptable for collection from all single-family and multifamily dwellings and all apartment buildings occupied exclusively for residential purpose. Every owner or occupant of such premises is hereby required to make use of the waste and bulk collection and disposal system provided by the Incorporated Village of Brewster.
A. 
It shall be the duty of every person owning, managing, controlling or occupying any land or residence within the Village to provide sufficient metal or plastic receptacles to hold all accumulations of waste materials ordinarily accumulated on the premises.
B. 
Waste materials shall be stored for collection as follows:
(1) 
Garbage. Food waste shall be drained and wrapped in paper or plastic bags and placed in a plastic or metal watertight container with a cover containing handles.
(2) 
Ashes. Ashes must be dried and free of embers. Glass or metals or any other materials shall not be included with the ashes. The ashes shall be placed in metal containers with adequate covers and handles.
(3) 
Yard waste. Hedge and tree trimmings should be tied in bundles no larger than three feet in length and 16 inches in diameter. After November 30 of each year, grass clippings and leaves shall be placed in open plastic containers or paper bags for collection. Tree stumps will not be collected.
(4) 
Recyclable materials. Residential customers shall place recyclable materials for pickup in accordance with the Solid Waste Rules and Regulations as adopted, and as may be amended, by resolution of the Board of Trustees of the Village of Brewster, which sets forth the materials that are recyclable as well as the method to be used to dispose of recyclable materials.
(5) 
Waste for each residential unit must be in approved containers and placed at a single collection point within five feet of the curb.
(6) 
Approved garbage and trash containers shall be a light gauge steel, plastic or galvanized receptacle closed at one end and open at the other, furnished with a hinged top or lid with two handles, not more than fifty-gallon capacity and not weighing more than 60 pounds when full.
Any accumulation of waste materials resulting from the failure of any person to comply with any provisions of this article or from the failure of such person to take advantage of their regular collection service maintained by the Village and any waste materials in excess of ordinary household wastes shall be removed by such person at his expense. Upon failure to remove such materials as set forth herein, the Village, at its option, may have such materials removed, in which case the cost thereof may be levied against the subject property and collected in the same manner as a tax upon said property.
The Village of Brewster Board of Trustees shall promulgate, pursuant to § 205-15, rules and regulations relating to the time and placement of all waste and bulk, for collection by the Village DPW or contractor.
A. 
Recyclable materials are collected from curbside.
B. 
All garbage shall be placed at a designated pickup area per single-family dwelling, multifamily dwelling and apartment building.
C. 
No receptacles shall be placed at curbside any earlier than 5:00 p.m. on the day prior to scheduled collection. All receptacles must be removed no later than 8:00 p.m. on the day of collection.
D. 
No bulk items may be placed at curbside any earlier than the Saturday prior to the scheduled bulk collection. Any such items remaining at curbside after the collection must be removed no later than 8:00 p.m. on the day of collection.
The following items shall not be considered acceptable for collection by the DPW or the contractor and/or its authorized agents, and shall not be placed out for regularly scheduled waste collection:
A. 
Materials resulting from the repair, construction, alteration or excavation of buildings or structures, streets or sidewalks, such as earth, plaster, mortar, concrete, bricks, lath and roofing materials, with debris or other types of construction debris. Arrangements are to be made with private contractors for the removal of trees and large quantities of such materials. Professional gardeners and landscapers are required to remove their own debris.
B. 
Dangerous or hazardous materials or substances, such as combustible materials or substances, poisons, acids, caustics, infected or infectious materials, explosives or those materials which may be of danger to the environment or residents of the Village.
C. 
Materials which have not been prepared in accordance with the provisions of this article.
D. 
Bulk items such as refrigerators, bedsprings, box springs, mattresses, stoves, washing machines, dryers, hot-water boilers, etc., will not be removed during regularly scheduled waste collections. It will be necessary to call the contractor to arrange for removal of these items. A fee will be charged by the contractor for such items. Items are not to be placed at the property line until arrangements have been made with the contractor.
E. 
Motor vehicles, marine vehicles, motorcycles, motor vehicle batteries, tires, engine parts, or any other items not expressly permitted by this chapter.
F. 
Electronic waste.
G. 
Waste which is not placed in accordance with the provisions of this chapter, or in accordance with the rules and regulations promulgated by the Village of Brewster Board of Trustees for that purpose.
A. 
The charge for the collection and disposal of waste and bulk by the DPW or the contractor shall be set by resolution of the Village of Brewster Board of Trustees.
B. 
The residential sanitation charge shall be billed on a periodic basis established at the discretion of the Clerk with consideration of the best interests of the residents and approval of the Village of Brewster Board of Trustees.
In the event that the residential sanitation charge is not paid within 30 days of the bill date, interest may be charged and penalties imposed as established by the Village of Brewster Board of Trustees by resolution.
A. 
No person, other than an authorized employee or agent of the Village DPW or the contractor, shall disturb or remove any waste and bulk that has been placed outside of a single-family or multiple-family dwelling or apartment building as identified in § 205-4 of this article.
B. 
Commercial enterprises within the Village shall be responsible for disposal of all waste and bulk accumulated by or arising out of their commercial enterprise.
C. 
Nothing herein shall be deemed to prohibit any property owner or occupant from disposing of his own waste and bulk. However, this provision is not intended to exempt any property owner or occupant from complying with this chapter, and all property owners and occupants of the Village of Brewster are required to be in compliance with the provisions of this chapter.
No items shall be disposed of within the Incorporated Village of Brewster except in such manner and such place or places as may be permitted by the Village of Brewster Board of Trustees.
Any person violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a penalty not greater than $250 and/or not more than 15 days in jail; provided that a person who violates this chapter after having been convicted of a violation of this chapter within the preceding three years shall be punishable by a penalty not greater than $350 and/or not more than 15 days in jail; and further provided that a person who violates this chapter after having been convicted two or more times of a violation of this chapter within the preceding three years shall be punishable by a penalty not greater than $500 and/or not more than 15 days in jail. Each day that a violation shall continue shall constitute a separate offense. This section shall not serve to limit the Village's remedies pursuant to the terms of this chapter, and the Village may pursue any and all remedies at law or in equity for failure to comply with this chapter.
Nothing shall prohibit the Village of Brewster Board of Trustees, to the extent permitted by state law, from promulgating rules and regulations for the implementation and enforcement of this article by the adoption of resolutions of the Village of Brewster Board of Trustees.
This article shall be known and may be cited as the "Solid Waste Local Law of the Incorporated Village of Brewster, New York."
This article shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.
A. 
The municipal corporation of the Village of Brewster has no municipal residential refuse and garbage district.
B. 
It is now and heretofore been determined that it is not only necessary but also vital to the health, safety and general welfare of the Village of Brewster and its inhabitants that the Village regulate the collection of garbage, trash, swill and other refuse.
C. 
The Village of Brewster Board of Trustees heretofore has deemed it and considered it to be in the best interest of the Village, its residents, merchants and visitors to regulate the pick-up and collection of garbage, trash and other refuse.
D. 
The Village of Brewster Board of Trustees now deems and considers it to be beneficial to the Village residents and inhabitants to establish a refuse district, infra, for the purpose of maintaining special assessments for municipal residential refuse and levying special district assessments hereunder, for such administrative and legal purposes now deemed necessary and proper.
The Village of Brewster Residential Refuse and Garbage District ("district") is hereby established, to be bounded and described as set forth in Exhibit A attached hereto and made a part hereof[1], pursuant to Municipal Home Rule Law § 10. The rendering of services to be furnished by and on behalf of the said district shall be in accordance with the provision of Article I of this Chapter 205 of the Village of Brewster Code and the rules and regulations promulgated pursuant thereto. The Village of Brewster Board of Trustees has determined that all the property and property owners within said district are benefited thereby; that all of the property and property owners benefited are included within said district; and that the establishment of the district is in the public interest.
[1]
Editor's Note: Exhibit A is included as an attachment at the end of this chapter.
As used in this article, the following terms shall have the meanings defined herein:
DISTRICT
The Village of Brewster Residential Refuse and Garbage District created pursuant to this article.
SERVICE UNIT or SERVICE UNITS
A dwelling unit used for residential purposes. Each dwelling unit in a multifamily building and attached townhouses shall be considered a separate service unit for the purposes of this article.
UNIT CHARGE or UNIT CHARGES
The cost assessed to a service unit for collection and disposal services as provided in Article I of this Chapter 205 of the Village of Brewster Code and the rules and regulations adopted pursuant thereto.
Unit charges established herein shall be imposed on the owners of all service units located within the district, except as follows: Service units which are located on properties which are divided by a town or Village boundary line shall be assessed unit charges pursuant to this article unless the owner of any such property files a written notice with the Village Clerk stating that the owner does not wish to receive refuse collection services from the district. Such written notice must be received by the Village Clerk on or before February 1, 2003, in order to be effective. As to any such service unit for which no notice is filed, such service unit shall be assessed unit charges in accordance with this article and shall have no right to thereafter discontinue such services or charges due to location of such town or Village boundary, except upon approval of the Village of Brewster Board of Trustees upon written application demonstrating financial hardship and that such service unit is or will be served by the adjacent municipality.
The unit charges shall be billed on a periodic basis established at the discretion of the Clerk with consideration of the best interests of the residents and approval of the Village of Brewster Board of Trustees. The determination of unit charges may be amended from time to time by resolution of the Village of Brewster Board of Trustees, after public hearing, and filed with the Village Clerk.
Charges are due and payable within 30 days of the bill date. In the event of late payment, interest may be charged and penalties imposed as established by the Village of Brewster Board of Trustees by resolution Penalties and interest for nonpayment shall attach and shall be collected as provided in § 5-518 of the Village Law.
Anything to the contrary notwithstanding in this article, when a property in the district first becomes a service unit as defined herein, the unit charge for such year shall be prorated for the number of whole months, commencing with the month on which such property becomes a service unit and ending with the last month of such year, and shall be paid at the time such property receives a certificate of occupancy.
To the extent that any provision of this article is determined to be inconsistent with Village Law § 2-200 et seq., or any other provision of Village Law that may be superseded pursuant to the Village's home rule powers, said provision of the Village Law is hereby superseded.