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Village of New Hyde Park, NY
Nassau County
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Table of Contents
Table of Contents
A. 
Village jurisdiction. Except as otherwise provided hereunder, it shall be an offense for any person other than the Village DPW to collect, convey or dispose of any refuse or newspapers produced or accumulated in the village.
B. 
Exceptions.
(1) 
Exception for actual producers. This chapter shall not prohibit the actual producers of refuse or newspapers or the owners of premises upon which refuse or newspapers have accumulated from personally collecting, transporting and disposing of such refuse or newspapers, provided that such producers or owners comply with the provisions of this chapter and with any other governing law or ordinance.
(2) 
Exception for private collectors and cartmen. This chapter shall not prohibit a duly licensed private collector or cartman from hauling, collecting or disposing of refuse or newspapers or from using the village streets and highways to transport such refuse or newspapers, provided that said private collector or cartman shall comply with the provisions of this chapter and with any other governing law or ordinance.
Discarded building or construction materials, yard clippings, tree stumps and branches and similar materials produced, accumulated or resulting from construction, alteration work, landscaping, tree removal or other home repair, maintenance or improvement do not come within the scope of this chapter and must be collected and disposed of by and at the expense of the independent contractor or by the owner or person in control of the premises.
When a governmental agency owns or occupies premises which are wholly or partly within the geographical limits of the collection and disposal authority, control and administration of the village, but which premises are not assessed by the village, and the governmental agency is not entitled to municipal refuse or garbage collection as a matter of law, the Village DPW may render such service to such premises, upon resolution by the Board of Trustees, for such monthly charges as the Board shall estimate and stipulate as representative of the cost to the village of such collection, to be billed the agency in arrears on the last day of each month and payable by the 20th day of the following month.
A. 
Separation of refuse. Garbage, ashes and other kinds of refuse shall be placed and maintained in separate containers, except that refuse in the form of discarded newspapers shall be placed and maintained for pickup, collection and recycling as hereinafter provided.
B. 
It shall be mandatory for persons who are owners, tenants, lessees or occupants of all premises in the village serviced by the DPW to separately bundle newspapers for pickup collection on the scheduled pickup days of each week so that the newspapers may be recycled. In the event that a collection day hereinbefore specified shall fall upon a holiday, then the collection day shall be the next business day thereafter.
(1) 
Newspapers shall be compacted and securely tied and bundled in packages not exceeding 50 pounds with a rope, cord or wire sufficient in strength to facilitate handling, and the packages shall be placed separately at the curb for collection.
(2) 
After newspaper bundles are placed in the vicinity of the curb for pickup, collection and recycling, they shall become the property of the village, and it shall be unlawful and an offense for any person other than an owner, lessee or occupant of the premises, the DPW or its agents and employees or a licensed private carting firm for that collection area to pick up and take said newspapers for his own use. Any person acting on behalf of a charitable, religious or fraternal organization shall be exempt from the regulations of this section, provided that such organization shall obtain prior written permission from the Village Board of Trustees to pick up said bundled newspapers.
C. 
Containers provided for in Subsection A of this section shall be watertight refuse containers, commercially manufactured for this purpose, kept covered with a cover and maintained in a sanitary condition by periodic cleaning. Such containers shall not exceed 30 gallons' capacity and, when filled, shall not exceed 75 pounds in total weight.
D. 
Receptacles containing garbage, ashes or rubbish shall be free of water or wetted materials.
E. 
Rubbish of sizes too large to be placed in the containers required by the provisions of this chapter shall be compactly piled and securely bundled, tied or packed so as to be easily handled, but not weighing more than 75 pounds and not exceeding dimensions of two feet by two feet by four feet in total size.
F. 
Garbage from private homes shall be securely wrapped before depositing in the containers required by the provisions of this chapter.
G. 
No garbage, rubbish, newspapers or other discarded matter of any kind that is likely to scatter shall be placed on or at the curb in front of any premises for pickup and collection unless such materials are securely placed in the covered containers required by this chapter or other permitted receptacles or securely tied in bundles in such a manner that will prevent scattering.
H. 
Commercial containers.
[Amended 3-2-1982 by L.L. No. 2-1982]
(1) 
Persons either occupying or having the management or control of any land or building within the village used in the following manner shall provide sufficient commercial-type refuse containers having a capacity of no less than 1/2 cubic yard and no more than 11/2 cubic yards: residential occupancy in excess of four families, including multiple dwellings and apartment buildings; firehouses; churches or other houses of worship; public libraries; schools (public or private); nonprofit community service organizations registered as same with the Board of Trustees; or any building occupied by a governmental department or agency serviced by the Village DPW. Such persons shall provide for a suitable on-site location, readily accessible by equipment and personnel of the DPW, for the storage of such commercial containers and shall further provide sufficient numbers of such containers for the separate, airtight storage of garbage and rubbish accumulated or produced by the occupants of such land or building(s).
(2) 
The commercial containers required by this subsection shall be of a type and kind compatible with the design, function and operation of standard waste collection vehicles used and operated by the Village DPW.
I. 
Use of barrels, drums, kegs, cloth bags or cardboard boxes for containing garbage or rubbish is prohibited, unless otherwise specifically permitted under provisions of this chapter.
J. 
Refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises and shall be maintained in good condition. Any container that does not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents shall be promptly replaced upon notice. Village DPW personnel shall have the authority to refuse collection for failure to comply herewith.
K. 
Garbage and rubbish containers shall be commercially manufactured for that purpose, equipped with suitable bundles and tight-fitting covers.
L. 
Ash containers shall be made of metal and have a capacity of not more than 10 gallons.
M. 
Plastic (polyethylene) bags may be used for all refuse and leaves, except ashes, provided that such bags are securely tied at the top and are not overfilled and not torn, ripped or otherwise not capable of being lifted and placed in a refuse or collection vehicle. The maximum size of bags for garbage and other refuse shall be 30 gallons; the maximum size of bags for leaves only shall be 55 gallons.
Except as otherwise provided hereunder, the Village DPW shall collect all refuse and discarded newspapers within the village as often as possible during prescribed, specified hours. Collection shall be made from receptacles only when placed on or in front of any premises at such accessible locations as shall be set forth in this section, and the DPW shall have the right to omit collections from any premises which do not conform to the provisions of this chapter or where a vicious dog is permitted to run at large or where DPW personnel are subject to any unnecessary danger or hazard.
A. 
Residential areas.
(1) 
Points of collection in residential areas shall be limited to the curb area in front of each plot or building; refuse containers, bundled newspapers and all other discarded materials shall be placed for collection in a visible and accessible area between the sidewalk line and the curbline immediately in front of the premises.
(2) 
Collection from residential areas is restricted to the hours between 5:00 a.m. and 12:00 noon Monday through Saturday on scheduled days, except holidays.
(3) 
All refuse shall be in a container of the type and kind required by § 161-8C and K of this chapter.
(4) 
Quantities of refuse to be collected are limited as follows:
(a) 
Garbage. The equivalent of three thirty-gallon containers each scheduled collection day.
(b) 
Rubbish. On each scheduled collection day, the equivalent of two thirty-gallon containers or no more than four tied bundles of twigs or branches two feet by two feet by four feet in size or two thirty-gallon plastic bags.
(c) 
Ashes. Ashes must be thoroughly water-quenched and placed in a fireproof metal receptacle weighing not more than 75 pounds filled and placed with rubbish for collection.
(d) 
Leaves. Leaves shall be collected on each scheduled collection day from the curb area of each collection area when leaves are in containers or plastic bags as required or permitted by this chapter.
(e) 
Large household items. All large household items such as furniture, refrigerators, appliances, etc., shall be collected from the curb area only, by special vehicle and by appointment with the Village DPW.
B. 
Commercial areas.
(1) 
Points of collection in commercial areas shall be limited to the curb area of the public highway immediately in front of each plot of land or building.
(2) 
Collection from commercial area is restricted to the hours between 5:00 a.m. and 12:00 noon Monday through Saturday on scheduled days, except holidays.
(3) 
All refuse shall be in a container of the type and kind required by § 161-8C and K of this chapter except as otherwise prescribed or permitted elsewhere in this chapter.
(4) 
Quantities. The maximum amount of garbage and rubbish which will be collected on each scheduled collection day is based on the size of the building and as follows: the first 5,000 square feet of above-grade floor area, three thirty-gallon containers or the equivalent; each additional 10,000 square feet or fraction thereof of above-grade floor area, one additional thirty-gallon container or the equivalent. Exclusions in the computations for determining floor area shall be all basements, rooms attached, sheds, garages, off-street parking and loading areas and all accessory use areas of subject buildings and other locations or structures not primarily used in the conduct of the commercial enterprise.
(a) 
Exceptions as to maximum amounts. The computed maximum amounts to be collected above shall not apply to buildings or use of buildings as follows: schools (private or public); firehouses; churches or houses of worship; public libraries; nonprofit community service organizations registered and certified by the Board of Trustees; or any building occupied by a governmental department or agency serviced by DPW.
(b) 
The above restrictions shall apply to collection practices of the Village DPW and are not to apply to private collection operations unless otherwise prescribed in this chapter.
A. 
Unless otherwise required or permitted by provisions of this chapter, no DPW vehicle or employee shall cross over or enter upon private property in any collection area for the purpose of collecting refuse.
B. 
No refuse shall be placed for collection in any collection area, whether serviced by DPW or a licensed private collector, before 7:00 p.m. on the day immediately prior to a scheduled collection.
C. 
Empty receptacles shall be removed from the curb area of all collection areas within three hours after collection.
D. 
Refuse containers and receptacles, regardless of kind or size, shall be stored on property only on or at a location adjacent to a principal or accessory use building, but in no event shall such containers or receptacles be stored forward of the front building line of the principal structure.
E. 
It shall henceforth be illegal for any person to construct, place or build facilities for the storage of refuse receptacles or containers below property grades (underground). The owners or occupants of properties wherein such underground facilities have existed shall be required to remove any such containers or receptacles from said facilities prior to regular collection schedules. No container or receptacle shall be serviced unless and until it is removed to an above-grade (aboveground) location prescribed elsewhere in this chapter.
F. 
Refuse containers and receptacles shall not be placed for collection inside or within any building, accessory use structure or garage, and no DPW employee, in the course of his duties, shall be required to enter any such building or structure to gather or collect any refuse.
G. 
No employee of the DPW shall accept or receive any tip or gratuity of any kind for the performance of his duties or solicit any such tip, money or other gratuity for any purpose in connection therewith.
H. 
Privacy in garbage and litter.
[Added 10-16-2007 by L.L. No. 3-2007]
(1) 
Garbage and litter placed at the curb in a private or public receptacle or dumpster shall remain the property of the owner thereof until such time as the garbage or litter is actually picked up by the garbage company or sanitation worker and placed in the garbage truck.
(2) 
Anyone, other than the owner thereof, going through the garbage or litter, taking the garbage or litter, or collecting information or notes from the garbage shall be guilty of a violation of law.
(3) 
No one shall place their garbage or litter in the receptacle of another property owner without prior written consent. Anyone placing their garbage or litter in the receptacle of another property owner shall be guilty of a violation of law.