[Adopted 2-7-55]
This Article shall be known and may be cited
as the "Village of Ardsley Waste Disposal Ordinance."
The owner, lessee, tenant or any other person
who has the management or control of or who occupies any land in the
Village shall keep such land at all times free and clear of accumulation
of ashes, rubbish, refuse, grass cuttings, leaves, garbage and offal
or other waste.
No person shall deposit any waste such as ashes,
rubbish, refuse, grass cuttings, tree cuttings, leaves, garbage, offal
or any inoffensive substance on any lot or plot of land in the Village
except in containers or otherwise secured as provided for in this
Article, and in no event shall material of any nature be deposited
upon the property of another without consent of the owner.
[Amended 9-3-1974 by L.L. No. 3-1974; 9-4-1979 by L.L. No. 5-1979; 9-4-1990 by L.L. No. 10-1990; 8-7-1995 by L.L. No. 4-1995; 9-3-1996 by L.L. No. 4-1996]
A.
Except as is set forth in Subsection B hereof regarding leaves, it shall be the duty of every owner. superintendent, lessee. occupant, tenant or other person exercising supervision or control of any residential or commercial premises to provide sufficient metal or rigid plastic receptacles with covers to hold all accumulations of garbage, offal, ashes and any other offensive waste substances ordinarily accumulated on the premises. Except for leaves, all other material may be contained in cartons or boxes securely covered or securely compacted and bundled so as to be readily handled, but not weighing more than 50 pounds per bundle, and not likely to be scattered. Wet garbage and incombustible waste materials shall be kept separated from combustible materials. Receptacles for wet garbage shall be water-tight, kept securely covered at all times with a metal or rigid plastic cover and maintained in a sanitary condition by periodic cleaning. When filled, any such receptacle shall not weigh more than 50 pounds or contain more than four cubic feet of material (30 gallons). The receptacle size and weight provisions of this article shall not apply to any location where the garbage and waste materials are placed in covered dumpster containers as approved by the Village.
[Amended 1-22-2019 by L.L. No. 03-2019]
B.
All leaves which landowners or residents desire to
have removed from their property or from the adjoining sidewalk or
Village right-of-way by the Village shall be entirely contained in
either biodegradable paper bags or uncovered metal or rigid plastic
receptacles and placed at the curbline for collection. Leaves shall
not be placed, piled or amassed at the curbline or in the street unless
they are so contained. In addition to any other remedies provided
for by law, including the issuance of a ticket or citation charging
violation of this section, the Village of Ardsley may, at its option
and in the interest of public safety, collect any leaves placed, piled
or amassed at the curbline or in the street which have not been properly
contained and charge the cost of collection incurred by the Village
for equipment and labor in an amount not to exceed $500 to the property
upon which the leaves are located, placed, piled or amassed, or the
property directly adjacent to the street upon which the leaves are
located, placed, piled or amassed, as a special assessment upon and
against such land, such assessment to be a lien and to be collectible
and enforceable in the same manner and by the same procedures as apply
to general or other special assessments.
[Amended 9-7-2004 by L.L. No. 11-2004]
C.
Every business, commercial or industrial enterprise within the Village of Ardsley shall, upon request of the Village Manager, and no more frequently than twice per year, certify to the Village in writing upon forms provided by the Village for such purpose, where its trash, rubbish and garbage is being disposed of, whether by municipal collection as provided for in this chapter or by private carter. If by private carter, the certification shall identify by name, address and telephone number the particular private carter with whom that business, commercial or industrial enterprise has a contract for collection. The certification shall also provide that all trash, rubbish and garbage generated by that business, commercial or industrial enterprise is being disposed of in accordance with § 122-4 of this chapter, and that no such trash, rubbish or garbage is being removed from its premises or place of business by anyone other than the municipality or a private carter which is duly and legally licensed to remove, cart and dispose of trash, rubbish and garbage by any required municipal, county, state or federal government or agency thereof. Both the failure to make such certification upon request or upon such certification the disposal of trash, rubbish or garbage in a manner other than as certified shall constitute a violation of this section.
D.
Every business, commercial or industrial enterprise within the Village of Ardsley shall be charged for collection of trash, rubbish and garbage by the municipality at a rate not less than the amounts indicated in § A210-3. Penalties for late payment shall be charged in the amounts set forth in § A210-3. Fees unpaid for 60 days and any penalties for late payment assessed thereon shall be charged to the property from which the trash, rubbish or garbage is being generated as a special assessment upon and against such land, such assessment to be a lien and to be collectible and enforceable in the same manner and by the same procedures as apply to general or other special assessments. The charges made for municipal collections may be changed with the approval of the Board of Trustees, as necessary, to reflect changes in costs incurred by the Village of Ardsley in collection activity.
E.
Every business, commercial or industrial enterprise located in a commercial or business zone within the Village of Ardsley that uses one or more dumpsters or similar trash receptacles, or two or more trash cans, for the storage or placement of garbage, rubbish, or refuse is required to construct a containment area enclosing such dumpster, similar trash receptacle or multiple trash cans from all public view. Plans for such enclosure must be submitted to the Building Inspector for his review for compliance with all building, safety, and fire laws. For the purpose of this subsection, these enclosures shall be deemed a structure and their construction is further subject to the approval of the Board of Architectural Review. Existing owners or tenants of such property at the time of the passage of this subsection must construct such a containment area by September 30, 2006. The containment area shall be constructed of a six-foot, green chain link fence with vinyl privacy slats, unless the Board of Architectural Review approves a different color for aesthetic reasons. This subsection shall not apply to any trash receptacles that are stored in a fully enclosed building and are only placed outside of such building or structure for curb collection pursuant to § 122-6 of this chapter.
[Added 12-19-2005 by L.L. No. 7-2005]
F.
Every business, commercial or industrial enterprise located in a commercial or business zone within the Village of Ardsley that constructed a containment area enclosing dumpsters similar trash receptacles or multiple trash cans pursuant to § 122-4E must keep the containment fence properly maintained and must keep the gates to the containment area closed at all times except when depositing garbage into said dumpsters, similar trash receptacles or multiple trash cans. In addition, every business, commercial or industrial enterprise located in a commercial or business zone within the Village of Ardsley that uses dumpsters, similar trash receptacles or multiple trash cans, whether in a containment area or not, must keep the area around the dumpsters, similar trash receptacles or multiple trash cans clean and free of garbage, refuse, and litter at all times and the dumpsters, similar trash receptacles or multiple trash cans must be kept covered with appropriate lids at all times except when depositing garbage into said dumpsters, similar trash receptacles or multiple trash cans.
[Added 1-22-2019 by L.L.
No. 03-2019]
[Amended 9-4-1979 by L.L. No. 5-1979; 9-3-1996 by L.L. No. 4-1996]
A.
Covered metal or rigid plastic containers only to be used: Except for leaf bags, no types of receptacles, other than metal or rigid plastic with covers as specified in § 122-4A, will be deemed satisfactory as refuse or waste receptacles. Except for dumpster type receptacles, no metal or rigid plastic container shall be used that exceeds 32 gallon capacity, and when filled. any such container shall not weigh more than 50 pounds. Village employees will not handle any containers which leak or are in dangerous condition. The Village will notify any person when, in its opinion, receptacles are in need of replacement, and failure to make such replacement will be deemed a violation of this article.
[Amended 1-22-2019 by L.L. No. 03-2019]
B.
Leaf bags shall be securely closed and shall not be
torn to a degree that leaves fall out freely.
[Amended 2-7-2005 by L.L. No. 1-2005]
All receptacles and other waste material shall
be placed at the curb for collection no earlier than 6:00 p.m. on
the evening before the day of collection. Similar receptacles for
commercial establishments as defined by the Zoning Code of the Village
of Ardsley[1] shall be placed at the curb for collection no earlier
than 5:00 p.m. on the evening before the day of collection. Empty
receptacles shall be removed from the curb within 12 hours following
collection, and commercial establishments must do so within four hours.
Any accumulation of waste material resulting
from failure of any person to comply with any 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 100 pounds, shall be removed by such person
at his own expense.
[Amended 3-19-1990 by L.L. No. 5-1990]
A.
No employee of the Village, in the course of his duties,
shall be required to enter private property to gather or collect any
waste material; and no employee shall be expected to handle any refuse
of a hazardous or dangerous nature.
B.
Notwithstanding the foregoing prohibition, employees
of the Village shall be allowed to enter Mill Court, Old Mill Lane
and Sheffield Court for the purpose of gathering or collecting any
waste materials; however, all such materials shall be placed at the
curbside.
C.
Employees of the Village shall be allowed to enter
the Ashford Court Condominium Complex for the purpose of gathering
and collecting waste material placed as directed by the Department
of Public Works.
[Added 9-4-1990 by L.L. No. 10-1990]
Nothing in this article shall be construed as
denying any person the right to maintain a mulch pile or accumulation
of grass cuttings, leaves or other inoffensive materials on his own
or leased property, as long as dust, odors or other nuisances are
not permitted to develop from the resulting compost. Nothing in this
article shall be construed as denying any person the right to use
ashes or other clean material as fill on his own property so long
as dust or any other nuisance is not permitted to develop.
[Amended 9-3-1996 by L.L. No. 4-1996; 2-21-2006 by L.L. No. 2-2006]
Any person or corporation violating any provision
of this article shall, upon conviction thereof be subject to a fine
of not less than $250 and not more than $2,000 for the first offense
in a twenty-four-month period, not less than $500 and not more than
$2,000 for the second offense in a twenty-four-month period, not less
than $750 and not more than $2,000 for the third offense in a twenty-four-month
period, and not less than $1,000 and not more than $2,000 for the
fourth and subsequent offenses in a twenty-four-month period, or to
imprisonment for a term not exceeding 15 days, or both. The twenty-four-month
period shall commence on the date of the initial violation. Every
violation of this article shall be a separate and distinct offense,
and in the case of continued violation, every day's continuance thereof
shall be deemed to be a separate and distinct offense. A violation
of this article shall constitute disorderly conduct.
