As used in this chapter, the following terms shall have the
meanings indicated:
BULK METAL
Large discarded appliances and equipment composed of, or
containing, metal, including but not limited to bicycles, microwaves,
refrigerators, stoves, washing machines, dryers, dishwashers, air
conditioners, grills, exercise equipment, hot water tank, power tools,
lawn and property maintenance equipment. Bulk metal excludes containers
utilized to store flammable or volatile chemical materials, such as
fuel tanks.
CONTAINER
Any receptacle used on a residential or commercial property
for the storage of refuse or trash to be collected by the Department
of Public Works or a private collection service, as further specified
by the Policy and Procedures of the Briarcliff Manor Department of
Public Works.
DUMPSTER
An oversized, movable waste container receptacle designed
to be transported by a special collection vehicle, or designed for
a collection vehicle to lift, empty, and lower on the spot, commonly
used for storage of bulk refuse and/or construction and demolition
waste.
ELECTRONIC WASTE
Information technology and telecommunications equipment (personal
computers, telephones, mobile phones, laptops, printers, scanners,
photocopiers), consumer equipment (televisions, stereo equipment),
lighting equipment (fluorescent lamps), and any other electronic scrap
items, such as CRTs, that may contain contaminants such as lead, cadmium,
beryllium, or brominated flame retardants and should be disposed of
according to further specifications within the Department of Public
Works Policies and Procedures.
HAZARDOUS MATERIAL
Waste meeting the New York State definition of household
hazardous wastes, including, but not limited to, asbestos, pesticides,
corrosives, pool chemicals, driveway sealers, hazardous paints and
stains, polishes and waxes, adhesives, solvents, hazardous cleaning
products, antifreeze, vehicle fluids, fluorescent light tubes, compact
fluorescent lamps and ballasts, photography chemicals, nonrechargeable
hazardous batteries (both household and automotive), products containing
mercury, and propane gas cylinders (that still contain propane).
ORGANIC WASTE
Natural material to be disposed from a property, including
leaves and grass clippings, brush, branches, logs, Christmas trees,
and the like. For the purposes of this chapter, food waste, soiled
or food-contaminated paper materials and compostable paper products
are not considered organic waste, but are considered refuse, until
such time as Village outlets for composting or otherwise processing
or recycling them become available. Organic waste may be further defined
by Department of Public Works Policy and Procedures.
POLICY AND PROCEDURES
The published, approved rules and regulations of the Department
of Public Works related to the collection and processing of refuse
and recyclable material for any residential, commercial, or multitenant
property within the Village of Briarcliff Manor, which may change
from time to time, once reviewed and approved by a resolution of the
Village of Briarcliff Manor Board of Trustees.
PRIVATE COLLECTION SERVICE
A person, partnership, company or corporation, licensed by Westchester County to provide either residential and/or commercial refuse and/or recyclables collection services and permitted to provide such services in the Village pursuant to §Â
125-3 of this chapter.
RECYCLABLES
Newsprint, paper, cardboard, empty and clean food and beverage
containers made from glass, steel, or aluminum, any plastic containers
marked with the triangular chasing arrows symbol and coded with a
number 1 through 7, or any other materials accepted as recyclable
by the Westchester County Source Separation Law, and further specified
by the Department of Public Works Policy and Procedures.
REFUSE
All nonrecyclable solid wastes generated by the residential
or commercial use of a property including, but not limited to, any
waste products commonly referred to as garbage, rubbish and ashes,
organic waste, hazardous waste, bulk metal, construction and demolition
waste, electronic waste, empty propane tanks, household medical waste,
tires, used oil, appliances, beds, mattresses, discarded furniture,
magazines, books. Some refuse may require special handling, as further
described in the Department of Public Works Policies and Procedures.
No person shall dispose any waste, or recycle any materials,
within the Village of Briarcliff Manor that has been generated outside
of the Village.
No person shall place in a public waste receptacle maintained
by the Village any waste or recyclable material that originates from
a residence nor shall any owner or employee of any place of business
deposit into a public waste receptacle any waste material or recyclable
that originates from a place of business.
No person shall deposit refuse or any hazardous material in
a bulk refuse or recycling container within the Village of Briarcliff
owned, leased, or contracted for by another person or entity without
consent. The finding of refuse or any hazardous material in any such
containers, which refuse or hazardous material in part contains material
bearing the name or other identifying mark of a person or entity as
addressee, shall create a rebuttable presumption that the person or
entity to whom such material was found to be addressed deposited such
refuse or hazardous material without authorization and in violation
of this chapter.
Once refuse or recyclables have been placed at the curb for
municipal collection, such refuse or recyclables shall be municipal
property. It shall be unlawful for any person, firm or corporation
to collect, pick up or cause to be collected or picked up any refuse
or recyclable at the curb without the express written authorization
of the Village of Briarcliff Manor.
This chapter may be enforced by authorized employees of the
Village, including, but not limited to, the Village Manager, the Building
Inspector, the Superintendent of Public Works, the Briarcliff Manor
Police Department and any other duly appointed Code Enforcement Officers.
Any person, firm, or corporation that violates any provision
of this chapter or any rules or regulations established pursuant thereto
shall upon conviction be subject to a fine of $250 for the first offense,
and $500 for each subsequent offense within a twelve-month period.
Any private collection service found to be in violation of this chapter
or any rules or regulations established pursuant thereto shall be
fined and, upon consideration and a public hearing by the Board of
Trustees, be subject to the suspension or revocation of any permit
previously granted.
This chapter shall take effect immediately upon filing in the
office of the Secretary of State of the State of New York in the manner
prescribed by law; however, no change in law that impacts any property
owner within the Village of Briarcliff Manor shall be enforced prior
to 60 days after such filing.
This chapter replaces the former Chapter 179, Solid Waste.