[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bellerose 7-13-1992 by L.L. No. 2-1992.
Amendments noted where applicable.]
This chapter shall be cited and may be referred to hereinafter as the
"Recycling and Waste Collection Law of the Incorporated Village of Bellerose."
It is the goal of the Incorporated Village of Bellerose to facilitate
the disposal of solid waste generated within the Village in the most economical
and environmentally accepted manner and reduce the total amount of solid waste
disposed of by the Village. This program is further designed to protect the
health and safety of the residents of the Village.
A.
For the purpose of this chapter, certain words and phrases
shall be construed herein as set forth in this section unless it is apparent
from the context that a different meaning is intended. When not inconsistent
with the context, the present tense shall include the future, and words in
the plural shall include the singular and vice versa. Further, a masculine
pronoun shall include the feminine. The word "shall" is always mandatory and
not merely directory.
B.
BOARD OF TRUSTEES
BULK WASTE
CARDBOARD
DISPOSAL FACILITY
DISPOSAL FEE
DWELLING
HAZARDOUS SUBSTANCE
MULTIPLE DWELLING
NEWSPAPERS
NONRESIDENCE
PERSON
PRIVATE CARTER
RECYCLABLE COLLECTOR
RECYCLABLES
RECYCLING CENTER
RESIDENT
SOLID WASTE
SOLID WASTE SERVICE
VILLAGE
As used in this chapter, the following terms shall have
the meanings indicated:
The Board of Trustees of the Incorporated Village of Bellerose.
An item of solid waste larger than two feet by two feet by four feet
or heavier than 50 pounds.
A thick paperboard, including but not limited to corrugated boxes,
cardboard cartons, pasteboard or similar corrugated materials.
Any solid waste management plant or site under contract to receive
solid waste originating from within the Village of Bellerose or such other
site as shall be determined by the Board of Trustees.
The fee charged by the disposal facility under contract with the
Incorporated Village of Bellerose or carter contracted by the Village.
A building defined by § 165-5 of the Code.
Any material, natural or manufactured, which by itself or in concentration
with other like or dissimilar material will contaminate to environmentally
unsafe levels the atmosphere or water whether above or below the ground.
A building as defined by § 165-5 of the Code.
A paper product printed on newsprint, including all newspapers, newspaper
advertisements and comics. Not included in this definition are magazines,
telephone books or other advertising material printed on glossy or slick papers,
whether enclosed with the newspapers or not.
Any building or parcel of land not used as a residence or a multiple
dwelling as defined in this section.
Any individual, partnership, association, firm, corporation or any
and all combinations of individuals acting in concert.
A contractor providing collection of solid waste services in the
Village, under license issued by the Sanitation Commissioner and Town of Hempstead
and subject to the rules and regulations and fee schedule as provided for
by the Village and the Town of Hempstead.
A contractor under contract with the Incorporated Village of Bellerose
to provide collection of recyclables for remanufacture or reuse, subject to
the terms and conditions of said contract with the Incorporated Village of
Bellerose.
Solid waste consisting of newspapers, glass bottles and jars and
metal food and beverage cans and such other materials as designated by the
Sanitation Commissioner and approved by the Board of Trustees.
Any combination of structure, machinery and facilities used for the
off-loading of recyclables from collection vehicles, the processing of recyclables
and the reloading of recyclables into vehicles for marketing.
A person residing in a residence.
Materials or substances discharged or rejected as being spent, useless,
worthless or in excess by the owner at the time of such discard or rejection,
except sewage and any other highly diluted water-carried materials or substances
and those in gaseous form. Such waste shall include, but is not limited to,
garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead
animals, offal, abandoned vehicles, agricultural waste, industrial waste,
commercial waste and construction and demolition debris.
The handling, removal, storage or disposal of solid waste, including
but not limited to placing or removing containers for solid waste on or from
sites within the Village not owned by the person placing or removing the containers
and transporting solid wastes from or to any of the locations within the Village.
The incorporated area of the Village of Bellerose.
A.
It shall be the responsibility of all residents to separate
recyclables from all residential solid waste and place them out for collection
in the following manner:
(1)
Newspapers, metal cans and metal caps and glass shall
be placed in a separate container(s) supplied by the Village or town.
(2)
Prior to placement for collection and removal, glass
and metal recyclables shall be cleaned, and all contents shall be removed
therefrom. Caps shall be removed from glass recyclables.
(3)
Recyclables for collection shall be placed in the containers
provided and placed at curbside, if authorized by resolution, on the date
prescribed by the Sanitation Commissioner. Excess recyclable materials shall
be placed in additional appropriate containers provided by the resident, next
to the Village-provided containers on the day prescribed for pickup.
(4)
Recyclables shall not be placed in the same container
as or otherwise mixed with other forms of solid waste.
B.
It shall be unlawful for a person to collect from a resident
and dispose of solid waste which consists of recyclabies combined with other
forms of solid waste.
C.
Ownership of recyclables set out for collection shall
thereupon vest in the Village. It shall be unlawful for any person, other
than that person under contract with the Village, to collect, remove or dispose
of recyclables which are the property of the Village.
D.
The Sanitation Commissioner is empowered to designate
the day of the week on which recyclables shall be collected and removed from
a particular area. Recyclables shall not be collected or removed from any
area except on the day of the week designated by the Superintendent.
E.
As of August 1, 1992, all residences and multiple dwellings
shall provide for the separate collection of recyclables as distinguished
from other forms of solid waste.
F.
All regular garbage, recyclables and bulk waste shall
be stored at the rear of the premises. The dates and frequency of collection
shall be determined by the Commissioner of Sanitation. The Board of Trustees,
by resolution, shall determine whether the pickup of garbage, bulk waste or
recyclables shall be at curbside or at the rear of the resident's premises.
A.
Any person engaged in the business of collecting solid
waste or rendering solid waste services, who is not authorized by the Village,
shall be guilty of a violation punishable by a fine of not less than $250
and not exceeding the sum of $1,000 or by imprisonment for a term not exceeding
15 days, or both. Each day such violation occurs or continues shall constitute
a separate offense.
B.
The violation of § 169-4 shall be punishable as follows:
(1)
For a first conviction: by a fine of not less than $50
nor more than $100.
(2)
For a second conviction within one year: by a fine of
not less than $100 nor more than $250.
(3)
For a third conviction within one year: by a fine of
not less than $250 nor more than $500.
(4)
For a fourth and each subsequent conviction within one
year: by a fine of not less than $500 nor more than $1,000.
Any solid waste or recyclable carter must be licensed by the Commissioner
of Sanitation. The Board of Trustees shall establish such license fees by
resolution.
If any term, part, provision, section, subdivision or paragraph of this
chapter shall be held unconstitutional or ineffective, in whole or in part,
then, to the extent that it is not unconstitutional or defective, this chapter
and such term, part, provision, section, subdivision or paragraph thereof
shall be in full force and effect; and such determination shall not be deemed
to invalidate the remaining terms, parts, provisions, sections, subdivisions
or paragraphs thereof.
This chapter shall take effect immediately.
