[HISTORY: Adopted by the Town Board of the Town of Clarkstown 9-19-1989 by L.L. No. 5-1989 (Ch. 82 of the 1974 Code); amended in its entirety 6-16-2009 by L.L. No. 4-2009. Subsequent amendments noted where applicable.
It is the purpose of this chapter to set forth the requirements for a mandatory recycling program in the Town of Clarkstown.
The mandatory recycling program set forth herein shall apply to all residential, commercial and industrial uses situate in the unincorporated area of the Town of Clarkstown.
As used in this chapter, the following definitions shall apply:
- Includes all disposal containers fabricated of steel and aluminum and commonly used for soda, beer or other beverages and food products, except that aerosols and paint cans are excluded.
- Includes cardboard, paperboard and corrugated boxes cut down to fit in appropriate recycle containers or cut and tied into bundles not more than three feet by three feet in size and stowed next to recycle containers. In commercial collections, includes all cardboard boxes as stowed in commercial containers for collection by packer/compactor trucks.
- All products made from silica or sand, soda ash or limestone, the product being transparent or translucent, clear or colored, and being used for packaging or bottling of various matter, and all other materials commonly known as "glass;" excluding, however, blue and flat glass commonly known as "window glass," Pyrex® cooking ware, light bulbs, mirrors and ceramics.
- JUNK MAIL
- Advertisements, brochures, coupons and other primarily unsolicited commercial mailings, except that telephone directories are excluded.
- Periodical publications primarily printed on glossy paperstock.
- MULTIPLE RESIDENCE
- A building or parcel of land having four or more dwelling units, including condominium units.
- Includes paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest.
- Includes writing, note, gift, typing, copy and all other similar papers, including scrap and wrapping papers.
- Includes all disposal containers fabricated from polyethylene terephthalate (PETE) or high-density polyethylene (HDPE) and commonly used for food and nonfood products, except that plastic bags and containers used for substances considered hazardous are excluded.
In addition to the above-described recycling materials, the Town Board of the Town of Clarkstown, by resolution, may, from time to time, designate other recyclable materials for collection as part of this program.
It shall be the responsibility of all one-family, two-family, and three-family residences to separate recyclables from all residential solid waste and place them out for collection in the following manner:
Recyclables shall be separated from all other garbage or solid waste.
Newspaper recyclables shall be tied in bundles not to exceed 40 pounds prior to the collection, removal or disposal of the same.
Glass and metal recyclables shall be clean and all contents shall be removed therefrom prior to the collection, removal or disposal of the same.
All recyclables from one-family, two-family and three-family homes shall be placed in the blue plastic container provided by the Town of Clarkstown for collection, removal and disposal. Recyclables shall not be placed in plastic bags for collection, removal or disposal. The blue container(s) must be kept clean and in such a place as not to constitute a nuisance or otherwise be objectionable.
Recyclables shall not be placed in the same garbage can as or otherwise mixed with other forms of solid waste for collection, removal or disposal.
It shall be unlawful for a person to collect, remove or dispose of solid waste which consists of recyclables combined with other forms of solid waste.
From the time of placement of recyclables at the curb by any resident, ownership of such materials set out for collection shall thereupon vest in the Town of Clarkstown. It shall be unlawful for a person to collect, remove or dispose of recyclables which are the property of the Town of Clarkstown, except as directed by the Department of Environmental Control of the Town of Clarkstown. A person or firm authorized by the Town who collects or removes recyclables which belong to the Town of Clarkstown shall deliver and dispose of the same at such locations and in such manner as the Department of Environmental Control or the Town of Clarkstown's duly authorized agents shall designate for that purpose. Each such collection in violation hereof from one or more residents shall constitute a separate and distinct offense.
The Town Board is empowered to designate the day of the week on which recyclables shall be collected, removed and disposed of from a particular area. Recyclables shall not be collected, removed or disposed of from that area on any day of the week other than that designated by the Town Board.
Any resident may donate or sell glass containers, newspapers or other recyclables to any person, partnership or corporation, whether operating for profit or not for profit. Said person, partnership or corporation may not, however, under any circumstances, pick up said glass, aluminum cans, newspapers or other recyclables from the curbside of the Town of Clarkstown.
Within 60 days after the effective date of this chapter, all nonresidences and multiple residences shall:
On or before April 15 of each year, each nonresidence in the Town shall report to the Director of the Department of Environmental Control the quantity and manner of disposal of recyclables generated by the nonresidence in the preceding calendar year.
Recycling collection services to any private residential or commercial location may not be furnished except between the hours of 5:30 a.m. and 3:00 p.m. and not at any time on Sundays or public holidays established by the Town Board by resolution.
The Town Board or its duly authorized agents shall be permitted, from time to time, to promulgate such other rules or regulations as may be deemed necessary to effectuate the intent of this chapter.
A person convicted of violating § 226-5A, B, C, D or E or § 226-6B shall be guilty of a violation which is punishable as follows:
For a first conviction, by a fine of not less than $50 nor more than $150.
For a second conviction, by a fine of not less than $100 nor more than $250.
For a third conviction, by a fine of not less than $250 nor more than $500.
For a fourth conviction, by fine of not less than $500 nor more than $1,000.
A person convicted of violating § 226-5F, G, H or I or § 226-6A shall be guilty of an offense as defined in § 10.00, Subdivision 1, of the Penal Law, which is punishable as follows:
For a first conviction, as a violation, by a fine of not less than $100 nor more than $250.
For a second conviction, as a Class B misdemeanor, by a fine of not less than $250 nor more than $500 or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment.
For a third or subsequent conviction as a Class A misdemeanor, by a fine of not less than $500 nor more than $1,000 or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment.
A person or firm convicted of violating § 226-7 shall be guilty of a violation which is punishable as follows:
For a first conviction, as a violation, by a fine of not less than $500 nor more than $1000.
For a second conviction, as a Class B misdemeanor, by a fine of not less than $750 nor more than one thousand $1,250 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment.
For a third or subsequent conviction as a Class A misdemeanor, by a fine of not less than one thousand $1,250 nor more than $2,500 or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment.
Enforcement shall be the duty of the Director of the Department of Environmental Control, his designees and the code enforcement officers of the Town of Clarkstown.