[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. 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:
The residue from the burning of wood, coal, coke or other
combustible materials.
The refuse collection and disposal department of the Incorporated
Village of Lindenhurst.
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.
Land, buildings or other structures, vehicles, watercraft
or parts thereof upon or in which refuse is stored.
All solid wastes, including garbage, ashes and rubbish, but
not including human body wastes.
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.
(4)
Recycling containers as provided by the Village shall
be used solely for the purpose of containing and storing recyclable
materials as noticed by the Village.
[Amended 6-16-1992 as L.L. No. 2-1992]
B.
Security refuse containers.
[Amended 6-16-1992 as L.L. No. 2-1992]
(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.[1]
[1]
Editor's Note: Original Subsection D, dealing
with compost piles, which immediately followed this subsection, was
deleted 6-16-1992 as L.L. No. 2-1992.
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."
