[HISTORY: Adopted by the Board of Trustees of the Village of Plandome Manor 7-19-2005 by L.L. No. 8-2005 (Ch. 136 of the 2005 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Dumping and storage — See Ch. 96.
Property maintenance — See Ch. 161.
No person shall dump, throw, scatter or deposit, or direct, suffer or permit any servant, agent or employee to dump, throw, scatter or deposit, any tree stumps, ashes, automobiles or part thereof, offal, garbage, oil, cinders, shells, straw, shavings, paper, dirt, filth, broken glassware, crockery, bottles, cans, construction material, waste or rubbish of any kind or nature whatsoever in or upon any private premises or any vacant lot, lots or plots or in fields or woodlands within the boundaries of the Incorporated Village of Plandome Manor.
No person, being the owner, driver, operator, manager or conductor of any cart, truck or other vehicle or of any receptacle, shall scatter, drop, spill, deposit or permit to be scattered, dropped, spilled or deposited any dirt, newspapers, tree limbs, stumps, snow, sand, gravel, clay, loam, stones or building rubbish or household waste, refuse or rubbish of any sort, ashes, garbage or other organic refuse or other offensive matter therefrom, or permit the same to be blown off such cart, truck or vehicle by the wind, in or upon any public or private premises in the Incorporated Village of Plandome Manor.
A. 
For the purposes of this section, certain words are defined as follows:
GARBAGE
Includes offal, filth, dirt, ordinary kitchen, cooking and household wastes, decaying vegetables, animal matter and food containers of metal, glass, paper, plastic and other similar material.
RUBBISH
Includes ordinary household trash, such as wastepaper, cartons, crates, rags, ashes, household furnishings and the like, grass clippings, lawn rakings, leaves, hedge trimmings, trimmings from vines or trees and other similar materials.
B. 
All garbage shall be placed and kept in receptacles constructed of metal or other suitable material which shall at all times be kept covered with a tight-fitting lid.
C. 
All rubbish which can be scattered unless securely confined shall be placed and kept in containers of a type which shall prevent the contents from being sifted or broadcast or blown about.
D. 
All highly flammable or explosive materials shall be placed and kept in separate suitably marked containers to ensure safety in handling thereof.
All garbage and rubbish, as those terms are defined in § 185-3 of this chapter, and other waste materials shall be kept and disposed of in the manner following:
A. 
No garbage receptacles shall be stored on or in any front yard. Garbage receptacles may be kept in side or rear yards but shall be screened and not visible from the street.
B. 
All rubbish and receptacles or containers of rubbish shall be set out for collection no earlier than 6:00 p.m. on the day prior to the day scheduled for collection of rubbish.
C. 
All garbage, refuse or other waste materials shall be gathered and set out for removal with such frequency that the same shall not constitute or contribute to the creation of a nuisance or be detrimental to public health or safety or endanger the health of any person.
D. 
No garbage, refuse or other waste material shall be kept or placed in any location that would cause or contribute to a public nuisance or be a detriment to the public health or safety or endanger the health of any person.
E. 
No garbage, refuse or other waste material shall be left and/or placed adjacent to or near a curb and/or street (public or private) for collection.[1]
[1]
Editor's Note: Subsection F, pertaining to snow, which immediately followed this subsection, was moved to § 189-4 at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Unless otherwise expressly stated, the term "dumpster" or "waste container" shall be deemed to mean any container used in the normal course of demolition or construction for the purpose of storing, containing and/or carting debris of any kind or any container employed for garbage or refuse collection, provided by a garbage or refuse service for commercial collection or mass storage of garbage and refuse, where the volume of the same shall exceed 55 gallons.
B. 
No dumpster or other waste container shall be placed upon any sidewalk, street or other public place within the Village.
C. 
Every dumpster or other waste container placed within the Village shall comply with the following additional requirements:
(1) 
Every dumpster or waste container shall be conspicuously marked with the name, address and telephone number of its owner.
(2) 
No dumpster or waste container shall create an offensive odor, be a health hazard or become a nuisance.
(3) 
No commercial dumpster or waste container within the Incorporated Village of Plandome Manor shall remain in place for more than 48 hours after being filled.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article I, Penalties and Assessments, of the Code of the Incorporated Village of Plandome Manor.
[Added 10-17-2023 by L.L. No. 4-2023]
The Board of Trustees of the Village of Plandome Manor finds that:
A. 
The continued use of landfills for solid waste disposal poses a threat to human health and safety through increased risk of groundwater pollution and other environmental health and safety hazards.
B. 
The removal of certain materials from the solid waste stream will decrease the flow of solid waste to landfills.
C. 
There is a significant amount of recyclable material present in the solid waste generated in the Village.
D. 
The recovery and reuse of such recyclable material reduces the amount of solid waste conventionally disposed of by providing an environmentally acceptable disposal alternative.
E. 
Recycling reduces the demand for increasingly unavailable landfill areas and protects the health, safety and welfare of the Village by promoting prudent disposal programs essential for the protection of the environment.
F. 
The New York State Solid Waste Management Act of 1988 requires that municipalities adopt a local law or ordinance for separating solid waste into recyclable, reusable or other components for which economic markets for alternate uses exist.
G. 
The mandatory separation of designated recyclables from the solid waste stream generated within the Village will foster maximum environmental and economic benefits with the minimum inconvenience to its residents and property owners.
H. 
The present system of post-collection separation of recyclables is the most efficient, economical and adequate method to comply with the New York State Solid Waste Management Act of 1988.
I. 
An integral element of a recycling program is the reservation of the authority to adopt appropriate rules and regulations, including the right, from time to time, to designate or delete the type of material which shall be recycled; the type, manner, means and method of separation; and the method of storage, collection and disposal of recyclables.
The purpose of the Village of Plandome Manor in enacting this article is to:
A. 
Provide for the health, safety and general welfare of the residents of the Village.
B. 
Increase the life expectancy of existing and potential landfill areas and to decrease the need for alternative refuse disposal facilities through a comprehensive program of waste stream reduction and recycling.
C. 
Decrease the threat to human health and safety posed by the effects of landfill disposal on groundwater quality.
D. 
Identify methods of collection, reduction and separation which encourage the most efficient and economical utilization of solid waste disposal facilities and contribute to more effective programs for the reuse of solid waste.
E. 
Ensure the long-range preservation of the health, safety and well-being of the public and environmental quality of the Village of Plandome Manor by conserving resources and reducing the potential for pollution of the environment.
F. 
Set forth, from time to time, the methodology to be used for the efficient separation and collection of reusable and recyclable materials from the Village's solid waste stream.
G. 
Comply with provisions of the New York State Solid Waste Management Act of 1988.
H. 
Establish and reserve to the Board of Trustees the authority to adopt, as required from time to time, appropriate rules and regulations relating to the type of materials to be recycled, as well as the type, manner, means and method of separation to be utilized.
The following words and terms shall have the following meanings:
NONRECYCLABLE MATERIALS
All solid waste other than recyclable materials and recyclables generated by the Village, other than prohibited materials.
PERSON
Any individual, firm, corporation, association or partnership.
PROHIBITED MATERIALS
Materials that contain hazardous or toxic substances or are not suitable for residential disposal and which will not be collected or permitted to be placed in recyclable containers as set forth in the rules and regulations.
RECYCLABLE MATERIALS
Discarded solid waste material which may be reclaimed and is in the form of paper, glass, metals and plastics.
RECYCLABLES
Specific types of recyclable materials as shall be designated by the Board of Trustees pursuant to rules and regulations adopted hereunder.
RULES AND REGULATIONS
Rules and regulations which are duly adopted by the Board of Trustees at a public meeting.
In the event that collectors cease to provide post-collection separation of recyclable materials or in the event the Board of Trustees determines that post-collection separation no longer meets the requirements or the purpose of the New York State Solid Waste Management Act of 1988, the Board of Trustees shall, by resolution, adopt appropriate rules and regulations to provide for source separation, and upon such adoption, the owner, lessee or occupant of every dwelling within the Village shall separate and dispose of recyclables as follows:
A. 
Prior to collection, all recyclables shall be processed and cleaned, with all contents removed, in accordance with the rules and regulations.
B. 
Recyclables shall be placed in an approved color-coded container which has been designated for the particular recyclable group. Recyclables shall not be stored or mixed in the same container with other forms of solid waste.
C. 
Newsprint shall be bundled and securely tied with a string or placed in a brown paper bag.
D. 
Recyclables shall be collected on a periodic basis and properly disposed of at a suitable processing center.
In the event that the Board of Trustees determines to establish a source recycling program, containers for the purpose of collecting and storing recyclables will be initially provided by the Village to every dwelling. Such containers will remain the property of the Village and must be kept clean and in good condition. Recycling containers are not to be used for any purpose other than as described herein and in accordance with the rules and regulations. In the event that such containers are lost, damaged or stolen, additional equivalent containers must be provided by the property owner at his or her own expense.
In the event that the Board of Trustees determines to establish a source recycling program, the Board of Trustees, by resolution, shall establish a collection schedule and applicable procedures for the collection of recyclables.
A. 
In the event that the Board of Trustees determines to establish a source recycling program, it shall be unlawful and a violation of this article for any person to:
(1) 
Place or to cause to be placed or to permit any material, other than a designated recyclable, in an approved recyclable container.
(2) 
Permit or to allow or to knowingly fail to separate and prepare recyclables for collection in accordance with the provisions of this article. After providing five days' written notice by certified mail, return receipt requested, to the occupant of a dwelling, a private carter or municipality may refuse to collect said solid waste from any dwelling where a violation of this article exists.
(3) 
Collect or to cause to be collected recyclables which are in violation of this article.
(4) 
Permit or to allow or to cause to occur a violation of any rules and regulations promulgated hereunder and duly adopted by resolution of the Board of Trustees.
B. 
Any property owner upon whose land solid waste is left for collection or storage in such a manner as to be in violation of this article shall be deemed and presumed to be the person who shall have placed or deposited such solid waste on the property.
Any person found to violate any provision of this article or any rule or regulation promulgated hereunder shall be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. Each day that such violation exists shall constitute a separate offense.
It shall be the duty of the Village Building Inspector, Code Enforcement Officer, Nassau County Police Department and any other individual designated by the Board of Trustees, and they shall have the power, right and authority, to enforce the provisions of this article and to issue appearance tickets for violations.
The Board of Trustees is empowered and authorized to promulgate and establish by resolution any rules and regulations which are necessary and proper to implement and administer the provisions of this article.
In the event that any portion, paragraph or provision of this article shall be declared invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions of any other portion, paragraph or section hereof.