This article shall be cited and may be referred to hereinafter as the "Mandatory Recycling Law of the Village of Airmont" and shall apply to the entire area of the Village.
[Adopted 3-1-1993 by L.L. No. 16-1993]
It is the goal of the Village of Airmont to reduce the total amount of solid waste by the Village. To accomplish this goal, the Village desires to implement a recycling program mandating the separation of recyclables from other refuse produced by residential and nonresidential premises. This program is further designed to protect the health and safety of the residents of the Village.
A.
For the purpose of this article, 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 used 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. CARDBOARD COMMINGLED RECYCLABLES HOUSEHOLD CONTAINERS LEAVES NEWSPAPER PERSON PLASTIC, GLASS AND METAL RECYCLABLES REFUSE VILLAGE
As used in this article, the following words shall have the meanings indicated:
A thick paperboard, brown in color, including but not limited to corrugated materials.
Glass bottles, aluminum and tin cans, and plastic containers.
Shall have the meaning of common usage as set forth in the latest edition of Webster's New Collegiate Dictionary. Shall include bottles, cans and containers of all types usually associated with foodstuff, beverages and household cleaning agents and supplies.
Shall have the meaning of common usage as set forth in the latest edition of Webster's New Collegiate Dictionary. Not included in the definition are twigs, stems, branches or grass clippings.
A paper product printed on newsprint, including all newspapers, newspaper advertisements, supplements, comics and enclosures. Not included in this definition are magazines and telephone books.
Any person, firm, partnership, association, corporation, company or organization of any kind.
Shall have the meaning of common usage as set forth in the latest edition of Webster's New Collegiate Dictionary.
Newspaper, cardboard, leaves, and plastic, glass, magazines, junk mail, telephone books and metal household containers.
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, trash, construction and demolition debris and ashes.
[Amended 11-18-2013 by L.L. No. 5-2013]
The Village of Airmont, New York.
A.
Recyclables shall not he placed in the same receptacle with other forms of refuse for removal to the Town's solid waste baler.
B.
Commingled recyclables shall be placed in the recycling bin provided by the Village.
C.
Newspapers shall be placed in the recycling bin provided by the Village.
D.
Cardboard must be flattened, bundled and tied or similarly secured and may be placed separate from other paper recyclables.
[Amended 11-18-2013 by L.L. No. 5-2013]
E.
During the period commencing April 1 and ending December 31, leaves shall be placed in biodegradable paper bags having a weight of no more than 60 pounds for pickup as designated by the Village.
[Amended 11-18-2013 by L.L. No. 5-2013]
F.
Ownership of recyclables set out for collection shall vest in the Village. It shall be unlawful for a person to collect, remove or dispose of recyclables which are the property of the Village without first having obtained the permission of the Village.
G.
Any person may donate or sell recyclables to any person, whether operating for profit or not for profit. No one, however, under any circumstances may pick up said recyclables from the curbside in the Village.
H.
The Village Board is hereby empowered to designate the days of the week on which recyclables shall be collected.
I.
No person having custody or control of residential, industrial or business premises within the Village of Airmont shall permit or cause any recyclables within his control to become a hazard or potential hazard to public travel, health or safety or to become a nuisance of any sort.
J.
For collection pursuant to a schedule adopted by the Village Board, all recyclables must be placed on the curbline where accessible. Such recyclables shall not be set out earlier than 3:00 p.m. on the day prior to the collection, and all recycling bins shall be removed no later than 9:00 p.m. of the collection day. When a regular collection day falls on a legal holiday, recyclables shall not be set out until the next regularly scheduled collection day, unless special announcement of collection is made by the Village.
[Amended 4-3-2023 by L.L. No. 4-2023]
The Village Board is hereby empowered to promulgate rules and regulations by resolution as may be deemed necessary to effectuate the interest and requirements of this article.
Any person, firm or corporation who shall violate this article or who shall knowingly assist therein shall be subject to the following punishment:
A.
Upon the first offense, the refuse shall not be collected and shall be marked with a sticker indicating "MANDATORY RECYCLING. Your refuse was not collected today because recyclables were mixed in. Your refuse will be collected on your next regular refuse day, once the recyclables have been removed. FAILURE TO COMPLY WILL RESULT IN A SUMMONS."
B.
For a second offense within 30 days, by a fine of not less than $25 nor more than $50. In addition, the refuse shall not be collected.
C.
For a third offense within 90 days, by a fine of not less than $50 nor more than $75. In addition, the refuse shall not be collected.
D.
For a fourth offense within 180 days, by a fine of not less than $200 nor more than $500. In addition, the refuse shall not be collected.
F.
Additionally, violations may be subject to the penalties outlined in § 172-33 of Article III, Trash Collection, of this Chapter 172, except that, for the first violation of § 127-24J, a written warning shall be issued in lieu of an appearance ticket.
[Added 5-24-2004 by L.L. No. 1-2004; amended 4-3-2023 by L.L. No. 4-2023]
[Amended 12-4-1995 by L.L. No. 5-1995]
The Police Department of the Town of Ramapo, the Village Board of Trustees, and/or the Code Enforcement Officer or Building Inspector of the Village of Airmont shall have the right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this article.