[Adopted 5-9-2007 by L.L. No. 3-2007[1]]
[1]
Editor's Note: This local law also repealed former Art.
I, Garbage Collection and Recycling, adopted 9-12-1983 by L.L. No.
1-1983, as amended.
As used in this article, the following terms shall have the
meanings indicated:
Containers made of flexible material, which shall either
be made of paper or biodegradable plastic, and used to store leaves.
Any household appliances, furniture or other items of solid
waste which are larger than two feet by two feet by four feet or heavier
than 50 pounds and/or cannot be easily and safely placed in the common
collection vehicle by two persons.
Any animal, mineral or vegetable refuse and waste matter,
dead animals weighing not more than 10 pounds, carrion, offal, swill
and similar materials.
The structures formerly attached to stems which function
as a principal organ of photosynthesis and transpiration in most plants.
Newsprint, noncoated paper sold or distributed at regular
or irregular intervals to conveyor report news, opinions, advertisements
or other matters of public or private interest, but excluding all
magazines, books, other periodicals, brochures, posters, cardboard,
boxes, containers and other paper products of any kind or nature whatsoever.
Hedge, garden or lawn clippings, weedings, dead or fallen
leaves, parts or branches of trees, shrubbery and plantings and rakings
of material from gardens, driveways and lawns.
Nondeposit glass and metal food jars and cans, metal and
plastic containers and nondeposit glass or metal beverage containers
and all other similar nondeposit containers, but not inclusive of
aerosol cans, decorative glassware, drinking glasses, light bulbs,
home or auto glass, paint cans and containers used for toxic or hazardous
substances as well as lids and caps from glass containers.
Sweepings from buildings (except from buildings under construction,
alterations and repairs), boxes, barrels, paper, rags, excelsior,
straw, Christmas trees, old clothes, shoes, bedding, furniture or
parts thereof, small rubber or wooden scrap and similar materials
of a size and dimension as prescribed by the Garbage and Rubbish Ordinance
of the Town of North Hempstead.
A.
It shall be unlawful for any person, owner, lessee or occupant of
any residential dwelling within the Village to mix, mingle, commingle,
place or deposit any newspaper or recyclable material with or as part
of any garbage, refuse, rubbish or outdoor or outside rubbish.
B.
All newspapers and paper goods shall be separated and kept apart
from garbage, refuse, rubbish, outdoor rubbish or outside rubbish,
and such newspapers and paper goods shall be securely tied or bound,
in bundles or placed in paper bags weighing not more than 25 pounds
each or not exceeding 12 inches in height, with rope, cord or wire
of sufficient strength to enable such bundle to be lifted by such
tying or binding material. All recyclable material shall be placed
in separate recycling containers or such containers that are designated
solely for recyclable materials.
C.
Such bundles of newspapers and such recycling containers shall be
placed at the prescribed location no earlier than 5:00 p.m. of the
day prior to collection and not later than 6:00 a.m. of the collection
day and shall not be permitted to so remain after the collection day.
[Amended 12-15-2008 by L.L. No. 5-2008]
D.
Such bundles of newspapers, paper goods and recycling materials shall
be collected by the Sanitation Department of the Village or by any
contractor employed by the Village to collect the same.
E.
The Board of Trustees shall, by resolution, designate days for the
collection of such newspaper bundles, paper goods and recyclable material
for each locality within the Village. Such designated days shall thereafter
be the collection days for such newspaper bundles, paper goods and
recyclable material unless the Board of Trustees shall, by further
resolution, designate other or different days. Notice of collection
days shall be promulgated to each dwelling. A notice of collection,
whether contained in a single writing or notice or as part of any
other writing or notice mailed to the dwelling, shall constitute good
and sufficient notice and promulgation of the designated collection
days.
F.
Any garbage, refuse, rubbish, outdoor rubbish, outside rubbish or
any other waste or other material which contains any newspaper or
recyclable material will not be removed from any residential property
within the Village by the Village Sanitation Department or by any
contractor employed by the Village.
G.
No person, firm or corporation other than the owner, lessee or any occupant of the residential dwelling or an employee of the Village or any contractor employed by the Village for the removal of newspaper and recyclable materials shall pick up, remove, destroy or interfere with any bundle of any newspaper or recyclable materials, or any part thereof, if the same shall have been deposited at the place designated under Subsection C hereof.
H.
Only garbage generated by residents in East Hills shall be put out
for collection.
I.
The separation of plastics shall be in accordance with the regulations
of the Town of North Hempstead.
J.
The disposal of automobile batteries and other batteries shall be
in accordance with applicable law.
No person shall throw, cast, deposit or keep or cause or allow
the throwing, casting, depositing or keeping of any garbage, rubbish,
outdoor or outside rubbish or indoor or outdoor refuse or recyclable
materials on any land situated within the Village, or maintain or
permit to remain on his or her land any garbage, rubbish or outdoor
or outside rubbish or recyclable materials, except in accordance with
the provisions of this article.
A.
Garbage and rubbish shall be placed and kept in receptacles at the
side of or rear of dwellings, business buildings or business establishments
and all other premises.
B.
All outdoor rubbish or outside rubbish, except as provided in § 107-7 of this Code,[1] shall be securely bagged or kept in closed receptacles
with suitable secure fastening devices by the occupant or agent of
said occupant of each dwelling place within the Village and placed
at the street curb, in front of dwellings only, for collection; provided,
however, that the same shall not be so placed or allowed to remain
sooner than 5:00 p.m. of the day prior to collection day or so placed
later than 6:30 a.m. of the collection day and shall not be permitted
to so remain after the collection day.
C.
Recyclable materials shall be placed and kept in separate receptacles.
Glass mirrors, metal, all china and earthenware, except for
recyclable materials, and large pieces of glass or mirror ("large"
means six feet by three feet or larger) shall be placed in separate
containers or bags and clearly marked and exposed to view to prevent
injury in handling. Metal scrap and other nonburnable material shall
be kept separate from rubbish.
No single garbage container, with contents, shall weigh more
than 50 pounds or measure more than three feet in length.
No more than five twenty-gallon bags or five twenty-gallon containers
will be removed from any one premises in any one collection day.
The owner, lessee or occupant of each and every business building
or business establishment and every premises other than a single-family
dwelling shall cause all garbage, rubbish and outdoor or outside rubbish
or any and all of the refuse or waste referred to in this article
to be removed at the owner's, lessee's or occupier's
expense. The Village shall not remove the garbage, rubbish and outdoor
rubbish and shall not incur any cost, expense or obligation in connection
with the removal. The owner, lessee or occupant shall not permit,
cause or allow any garbage, rubbish or outdoor or outside rubbish
or recyclable materials to remain or accumulate upon such premises,
or any part thereof, for more than two consecutive days.
Building, roofing and siding contractors, painters and floor-
and rug-covering firms must remove any waste generated by their work.
Any such waste not removed by the contractor, painter, floor- and
rug-covering firms shall be the responsibility of the owner, occupant
or lessee to remove. The cost of such removal shall be the joint and
several responsibility of the owner, occupant or lessee of the premises
from which such waste is removed.
Refuse from buildings under construction or being altered will
not be collected as part of the Village collection service.
A.
Bulky items, auto and truck exhaust pipes, bicycles, tricycles, bedsprings,
limbs and branches more than five inches in diameter, sawdust, stumps
or television aerials shall not be subject to collection, except upon
the following condition: The Village shall, by appointment with any
resident of the Village, pick up from the garage or driveway of such
resident such items at such charges to the resident as may, from time
to time, be established by resolution of the Village Board of Trustees.
Such charges and all appointments are to be made directly by the resident
and without any cost or responsibility whatsoever on the part of the
Village.
B.
Metal drums, explosive and flammable materials, waste oil or liquids,
aerosol cans, decorative glassware, drinking glasses, light bulbs,
home or auto window glass, mirrors, paint cans and containers used
for toxic or hazardous substances shall be deposited by the owner,
lessee or occupant of each residence within the Village in the Town
of North Hempstead's designated STOP facility or at such other
designated disposal facility.
C.
All medical and dental waste, including hypodermic needles, should
be disposed of by persons licensed to do so in accordance with the
laws of the State of New York.
Leaves shall not be disposed of or deposited on any public street,
roadway or thoroughfare in any fashion, or in any manner whatsoever.
All leaves must be removed by gardeners, except, solely, when homeowners
place the leaves in paper bags, or homeowners place the leaves in
biodegradable plastic bags, which is not the preferable method of
disposal. The permitted bags, as the case may be, shall be no less
than 20 gallons in size and no more than 60 gallons in size and, when
filled, shall not weigh more than 50 pounds. The bags must be placed
only on the homeowner's front property alongside the street which
is in the front of the residence. All such bags containing solely
leaves will be removed by the Village of East Hills. All violations
of this provision of this article, whether committed by either the
homeowner or the gardener, shall be punishable by a fine of $500 for
the first day and $1,000 per day each day thereafter. Each day that
the leaves remain on a street, roadway or thoroughfare shall be considered
a separate offense. In addition, each gardener who commits a violation
of this article is subject to revocation of any license or permit
issued by the Incorporated Village of East Hills and may be ineligible
for any license or permit required by the Incorporated Village of
East Hills for a period of 18 months from the date of conviction of
violation of this section.
Portable sanitary units may be placed on a temporary basis only
at the rear or side of any dwelling or then-permanent structure and
shall be promptly removed upon completion of any project which necessitated
their use.
A.
In case any owner and/or occupant of land in the Village fails to
comply with the provisions of this article, the Village Clerk shall
cause to be served upon him or her by mail a written notice requiring
such owner and/or occupant to comply with such provisions.
B.
If such owner and/or occupant fails, neglects or refuses to comply
within five days after service of such notice, the Village Clerk may
cause the removal of such garbage, rubbish, outdoor or outside rubbish
and/or recyclable materials.
C.
In such case, such owner and/or occupant shall pay to the Village
all costs in connection with this within 30 days after the completion
thereof.
D.
Upon the failure of such owner and/or occupant to pay such costs,
the Village Clerk shall certify such costs to the Assessors of the
Village, and thereupon the total costs thereof may be assessed upon
the real property upon which such garbage, rubbish or outdoor or outside
rubbish or recyclable materials are found and shall constitute a lien
and charge upon the real property on which it is levied until paid
or otherwise satisfied or discharged and shall be collected by the
Village Clerk in the manner provided by law for the collection of
delinquent taxes and shall bear interest at the same rate as uncollected
taxes.
E.
The provisions of this section with respect to costs shall be in
addition to any penalty imposed by this Code for violation or noncompliance
with any provisions of this article.
