[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 8-28-1968
by Ord. No. 1-1968 as Ch. 60 of the 1968 Code of the Village
of Lindenhurst. Sections 97-3, 97-4, 97-5B, 97-11A(2), 97-11A(3), 97-12A,
97-15B(2) and C, 97-16D and 97-18 amended and §§ 97-5A(3) and
97-10E added at time of adoption of Code; see Ch. 1, General Provisions, Art.
I. Other amendments noted where applicable.]
Because in the Incorporated Village of Lindenhurst there are, and may
in the future be, refuse storage, collection and disposal practices which
are unsafe, dangerous, unhygienic or unsanitary as to constitute a menace
to the health and safety of the residents of this village, it is imperative
and urgent for the preservation of public health and safety that proper and
adequate regulations be adopted controlling the storage, collection and disposal
of refuse in the Incorporated Village of Lindenhurst.
For the purpose of this chapter, the following words and phrases shall
have the meanings ascribed to them in this section:
- ASHES
- The residue from the burning of wood, coal, coke or other combustible materials.
- DEPARTMENT OF PUBLIC WORKS
- The refuse collection and disposal department of the Incorporated Village of Lindenhurst.
- GARBAGE
- Animal, vegetable, fruit or similar organic wastes liable to become putrid, including wastes resulting from the handling, preparation, cooking or storage of foods, inorganic wastes such as tin cans and bottles that have contained food materials and dead animals.
- PREMISES
- Land, buildings or other structures, vehicles, watercraft or parts thereof upon or in which refuse is stored.
- REFUSE
- All solid wastes, including garbage, ashes and rubbish, but not including human body wastes.
- RUBBISH
- All other solids other than ashes and garbage and consisting of paper, cardboard, grass clippings, leaves, tree trimmings, wood, glass, metals, crockery, porcelain and similar materials.
[Amended 6-16-1992 by L.L. No. 2-1992]
There is hereby created a Department of Public Works which shall be
under the supervision and control of the Superintendent of Public Works. The
Superintendent of Public Works shall have the responsibility for the collection
and disposal of refuse by the Department of Public Works. The Superintendent
of Public Works is hereby empowered to make and publish regulations implementing
this chapter concerning such matters as the days for collection of garbage,
ashes and rubbish, the location of refuse containers and all other matters
relating to the storage, collection and disposal of refuse which he deems
advisable, provided that such regulations are not contrary to the provisions
of this chapter and shall have the prior approval of the Board of Trustees.
[Amended 10-2-1990 by L.L. No. 9-1990; 6-16-1992
by L.L. No. 2-1992]
A.
The owner, the agent and the occupant of any premises
within the Incorporated Village of Lindenhurst shall be responsible for the
sanitary condition of the premises owned or occupied by him, and it shall
be unlawful for any person to place, deposit, store or allow to be placed,
deposited or stored any refuse, on his premises, except in accordance with
the provisions of this chapter.
B.
The owner, the agent and the occupant of any premises within the Incorporated Village of Lindenhurst shall be responsible for the cleanliness of the sidewalk in front of and/or adjoining his premises, and it shall be unlawful for any person to place, deposit, store or allow to be placed, deposited or stored any refuse on or in any sidewalk except in containers for such purpose approved by the Superintendent of Public Works or to allow any refuse to remain placed, deposited or stored upon the sidewalk in front of and/or adjoining his premises except in such containers and in compliance with § 97-4F. Notwithstanding the foregoing provisions of this subsection, it shall be lawful for the owner or his agent or the occupant of any premises to place, deposit or store leaves in trash bags in front of the subject premises and allow such leaves to remain placed, deposited or stored for collection by the Superintendent of Public Works, except as prohibited.
C.
The owner, the agent and the occupant of any premises
used for business or commercial purposes within the Incorporated Village of
Lindenhurst shall sweep clean the sidewalk in front of and/or adjoining his
premises before 10:00 a.m. each day, except Sundays and legal holidays.
D.
No person shall place, deposit or store any refuse on
or in any street, highway, avenue, drain, ditch, watercourse or body of water
or other public place within the Incorporated Village of Lindenhurst except
in containers approved for such purpose by the Superintendent of Public Works
and in no event upon the premises of another except with the consent of the
owner or occupant thereof.
E.
Any owner, the agent and the occupant responsible for
refuse on premises not served by the Department of Public Works or for refuse
not acceptable for collection by the Department of Public Works shall make
suitable arrangements for the collection and disposal of such refuse.
F.
The owner, the agent and the occupant of any premises
within the Incorporated Village of Lindenhurst shall be responsible for the
removal and storage of refuse containers or receptacles, and it shall be unlawful
for any person to allow said refuse containers or receptacles to be placed
in front of the premises before 7:00 p.m. of the evening preceding collection
or to remain in front of the premises more than 12 hours after collection.
All containers shall be placed curbside.
A.
All refuse on premises served by the Department of Public
Works shall be separated and stored in the following containers:
(1)
Garbage shall be drained and stored in durable, rust-resisting,
nonabsorbent, watertight and easily washable containers, which shall have
close-fitting covers and adequate handles or bails to facilitate collection,
and which shall be not less than 10 gallons nor more than 30 gallons in capacity.
(2)
Ashes shall be stored in fire-resistant containers with
close-fitting covers. Such containers shall be equipped with adequate handles
to facilitate collection and shall be not greater than 20 gallons in capacity.
Ashes containing hot embers shall not be placed in containers for collection.
(3)
Rubbish shall be stored in durable containers with close-fitting
covers, except that bulky rubbish, such as tree trimmings, newspapers and
collapsed boxes and crates, may be compactly and securely tied and bundled
so as to be easily handled and not likely to be scattered, but not to exceed
three feet in length and not more than 50 pounds in weight, and when so tied
and bundled may be stored beside the containers.
B.
Security refuse containers.[2]
(1)
Refuse on premises not served by the Village of Lindenhurst
Department of Public Works shall be stored in suitable containers approved
by the Superintendent of Public Works.
(2)
All such containers shall have a close-fitting cover
which shall be closed at all times.
(3)
Dumpster refuse containers shall be enclosed by a six-foot
high cyclone fence with self-closing and locking gates. The fence shall be
provided with metal privacy slats on all sides for its entire height.
C.
Refuse containers on all premises shall be kept covered
at all times except while refuse is actually being placed or deposited in
such containers, and it shall be unlawful for any person to in any manner
disturb such containers or to remove the covers or the contents from such
refuse containers except in accordance with the provisions of this chapter.[3]
Refuse containers shall be maintained free from odor and in clean and
good condition by the owner thereof. In the event that a container on premises
served by the Department of Public Works becomes dangerous or is liable to
injure or hinder the person collecting the contents thereof, said container
shall be replaced by the owner thereof with a proper and safe container within
one week after the receipt of a written notice from the Superintendent of
Public Works.
The Superintendent of Public Works or any other person authorized by
the Board of Trustees shall have the power to enter, at reasonable times,
upon the premises for the purpose of inspecting and investigating conditions
relating to the enforcement of the provisions of this chapter. However, the
Superintendent shall give the owner of the premises notice, in writing, at
least three days before, of his intention to so inspect the premises.
The Department of Public Works shall collect and dispose of all refuse
acceptable for collection from all single-family and multifamily dwellings
occupied exclusively for residential purposes by not more than five families
living independently of each other, including but not limited to apartment
houses and dwellings in which not more than four persons are lodged without
meals by any one family. Every owner or occupant of such premises is hereby
required to make use of the refuse collection and disposal system provided
by the Incorporated Village of Lindenhurst.
All refuse to be collected by the Department of Public Works shall be
placed, deposited or stored on the ground level in one easily accessible location
within five feet of the street line of the premises, and the path thereto
shall be kept free of snow, ice or any other obstruction or hazard. The Department
of Public Works shall not enter any building or structure to collect refuse
nor enter any premises which will expose any person collecting refuse to any
unnecessary danger or hazard.
The following refuse shall not be considered acceptable for collection
by the Department of Public Works:
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.
B.
Dangerous materials or substances, such as poisons, acids,
caustics, infected materials and explosives.
C.
Materials which have not been prepared in accordance
with the provisions of this chapter.
D.
Solid wastes resulting from industrial processes.
E. Any materials not acceptable to the ultimate collection agent.[Added 6-16-1992
by L.L. No. 2-1992]
A.
The charge for the collection and disposal of refuse
by the Department of Public Works shall be set by resolution of the Board
of Trustees from time to time.
[Amended 1-4-1972 by L.L. No. 1-1972; 1-14-1975
by L.L. No. 1-1975; 1-6-1976 by L.L.
No. 4-1976; 12-18-1979 by L.L. No. 11-1979; 12-8-1981
by L.L. No. 14-1981; 1-7-1985 by L.L.
No. 1-1985; 12-30-1985 by L.L. No. 12-1985; 1-8-1987
by L.L. No. 1-1987; 1-5-1988 by L.L.
No. 1-1988; 1-10-1989 by L.L. No. 1-1989; 2-5-1991
by L.L. No. 1-1991; 6-16-1992 by L.L.
No. 2-1992]
B.
Refuse service charges shall be due and payable annually,
in advance, regardless of occupancy of the premises, on the first day of March
in each year.
[Amended 6-16-1992 by L.L. No. 2-1992]
C.
The charge for any premises within the scope of § 97-8 of this chapter for which a certificate of occupancy is issued after the effective date of this chapter shall be prorated for the period commencing from the first day of the month following the issuance of the certificate of occupancy to the last day of the following February.
D.
Refuse service charges shall be billed to the owners
of the premises and shall be made payable at the office of the Village Administrator
Clerk and/or Receiver of Taxes.
[Amended 6-16-1992 by L.L. No. 2-1992]
E.
Fees in arrears.
[Added 5-4-1993 by L.L. No. 5-1993]
(1)
All unpaid fees or charges for municipal or municipally
contracted solid waste collection and/or disposal services imposed on or after
the effective date of this subsection, including penalties or interest, not
paid by April 1 of each year shall be added to the annual village tax levy.
(2)
The Board of Trustees shall annually cause a statement
to be prepared setting forth each amount of solid waste disposal and/or collection
fees in arrears as of 30 days prior to the last date prescribed by law for
the annexation of the warrant to the assessment roll, a brief description
of the property for which or in connection with which such solid waste services
were provided and the name and address of the person or corporation liable
to pay such amount. Such statement shall be presented to the Board of Trustees,
which shall levy such amounts remaining unpaid on the date taxes are levied
against the real property for which or in connection with which such solid
waste services were provided.
In the event that the refuse service charge bill is not paid within
one month from the date it is due and payable, then a penalty charge shall
be added to the bill. Said penalty shall be at the same rate as that established
by New York State law for penalties on delinquent village property taxes.
All refuse service charges, penalties and interest thereon shall be
a lien upon the real property benefited by the refuse collection and disposal
service from the date that the refuse service charge is due and payable, and
such lien shall be prior and superior to every other lien or claim, except
the lien of existing tax or local assessment. The Board of Trustees may certify
to the Village Administrator Clerk and/or the Receiver of Taxes the amount
of any such lien which has not been paid at the time and in the manner prescribed
by such Board with a description of the real property affected thereby, and
the Board of Trustees may include such amount in the annual tax levy and shall
levy the same upon the real property in default.
A.
No person shall engage in the business of refuse collection
and/or disposal within the Incorporated Village of Lindenhurst without first
obtaining an annual license therefor.
B.
Applications.
(1)
Each applicant for a license to collect and/or dispose
of refuse shall set forth in a sworn statement, in addition to any other information
required by any other applicable ordinance, the following information:
(a)
The number, model, year of manufacture and license of
his vehicles.
(b)
The place where the vehicles will be stored and garaged
while not in use.
(c)
The place where the applicant will dispose of the refuse
collected and the manner of disposal.
(d)
Proof of financial responsibility in the event of damage
to persons or property by reason of the negligent operation of his vehicle.
(2)
Each application for a license shall be accompanied by
a fee as established by resolution of the Village Board of Trustees.
[Added 12-19-1989 by L.L. No. 9-1989;
amended 6-16-1992 by L.L. No. 2-1992; 9-21-1999
by L.L. No. 2-1999]
C.
The license fee hereunder for any year or fraction thereof
shall be $100 per vehicle.
[Amended 12-19-1989 by L.L. No. 9-1989; 6-16-1992
by L.L. No. 2-1992]
D.
The Village Board, in addition to the grounds set forth
in any other local law, may refuse to issue a license or may suspend and/or
revoke a license already issued whenever, in its judgment, the place used
or selected for the storage of the vehicles or the vehicles themselves or
the place and manner used or selected for the disposal of refuse is or will
be detrimental to the public health and safety.
E.
The Village Board, in addition to the grounds set forth
in any other local law, may revoke or suspend a license already issued on
any of the following grounds:
(1)
A falsification of a fact or facts set forth in the sworn statement required by § 97-15B(1) hereof.
(2)
Failure to comply with the regulations which are or may be made and published by the Superintendent of Public Works pursuant to § 97-3 hereof.
(3)
If it is determined by said Village Board that the licensee
is conducting the transportation or disposal of refuse in such a way as to
be detrimental to the public health and safety.
A.
Every vehicle used for the collection and/or disposal
of refuse shall have an enclosed body or suitable provision for covering the
body. Provision and use of a tarpaulin or canvas to enclose the open body
of such a vehicle may be permitted when specifically approved by the Superintendent
of Public Works.
B.
Every vehicle used for the collection and/or disposal
of garbage or of refuse containing garbage shall have a watertight body and
shall be kept clean and sanitary and in good running order and shall have
the licensee's name plainly painted on each side in letters at least
four inches high.
C.
No vehicle used for the collection and/or disposal of
refuse shall be operated on any street, avenue or highway in the Incorporated
Village of Lindenhurst in an overloaded condition nor in such a manner as
to spill the contents thereof onto any street, avenue or highway.
D.
The Superintendent of Public Works or any other person
authorized by the Board of Trustees shall make inspections of the vehicles
used for the collection and/or disposal of refuse whenever he deems necessary.
[Amended 6-16-1992 by L.L. No. 2-1992]
No refuse shall be disposed of within the Incorporated Village of Lindenhurst
except at such place or places as may be permitted by the Board of Trustees.
[Amended 6-16-1992 by L.L. No. 2-1992]
Any person, corporation or association violating any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a fine of
not less than $50 nor more than $1,000 or a term of imprisonment not exceeding
15 days, or both. Such offense is hereby declared to be a misdemeanor.
This local law shall be known and may be cited as the "Refuse Local
Law of the Incorporated Village of Lindenhurst, New York."
