Town of Babylon, NY Article III Collection

§ 133-9 Separation and storage of waste; standards for collection.

A. Separation and storage of residential waste prior to collection.

(1) Recyclable materials. Each household included in the improvement area and receiving collection service from the Town or its contract collector shall comply with such regulations as may be issued by the Town from time to time pertaining to the separation of recyclable materials from acceptable wastes and for the storage of recyclable materials prior to collection and for the placement of such recyclable materials for collection. Failure to comply with these regulations, as issued and adopted by the Town, shall result in the imposition of penalties and/or fines as issued and adopted by the Town at the time of issuance of the regulations relating to separation, storage and placement of recyclable materials.

(2) Acceptable waste.

(a) It shall be the duty of every person having the management or control of or occupying any land or building to provide, for the exclusive use of such land or building or a part thereof, sufficient receptacles for acceptable waste of sufficient capacity to contain the waste material ordinarily accumulated by the occupants of such land or building during 96 consecutive hours. Any waste material other than garbage which cannot be readily deposited in any receptacles may be compacted and securely bundled, tied or packed so as to be easily handled but not weighing more than 50 pounds and not likely to be scattered and, when packed and secured, may be placed alongside such a receptacle.

(b) Each of such receptacles provided for in Subsection A(2)(c) of this section shall be watertight, kept covered with a cover and maintained in a sanitary condition by periodic cleaning. Such receptacles shall not exceed 39 gallons' capacity and, when filled, shall not exceed 50 pounds in total weight.

(c) Refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises. Refuse containers shall be maintained in good and sanitary condition. Any container that does not conform to the provisions of this article or that may have ragged or sharp edges or other defect liable to hamper or injure the person collecting the contents shall be promptly replaced upon notice.

(d) Appliances shall have the doors removed prior to placement at the curb for collection, or the households in the improvement areas must otherwise assure that no person or animal might accidentally be locked in the interior of such appliance.

(3) Points of collection.

(a) Where curb service is provided, acceptable waste containers shall be placed for collection in a visible and accessible area between the sidewalk line and the curbline immediately in front of the premises or, if there are no sidewalks, adjacent to the curb.

(b) Where rear-door service is provided, containers of acceptable waste shall be placed adjacent to the main (dwelling) building.

(4) Responsibility for payment. It shall be the duty of every person owning any land or building included in the improvement area, whether occupied by said person or leased to another person or persons for residential purposes, to maintain responsibility for the payment of the bills for collection and disposal included on the real property bill for these premises, as well as for any additional services contracted for individually between the Town or its contract collector and the owner or occupant of the property in the improvement area.

B. Separation and storage of commercial waste prior to collection.

(1) Commercial waste which is to be manually loaded into collection vehicles shall be containerized as described in Subsection A(2)(a), (b), (c) and (d) of this section.

(2) Commercial waste which is to be mechanically loaded into collection vehicles shall be placed in receptacles commercially manufactured for this purpose, equipped with covers.

(3) Commercial waste will be collected at the rear of buildings and immediately adjacent, if readily accessible, to the collection vehicle. If not readily accessible to the collection vehicle, refuse shall be placed for collection in a visible and accessible area between the sidewalk line and the curbline immediately in front of the premises.

C. Collection of waste.

(1) No collection whatsoever shall be made on Sundays or the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

(2) Collection vehicles shall be completely enclosed and watertight.

(3) Collection vehicles transporting no garbage or rubbish, as, for example, vehicles transporting recycling materials or construction and demolition debris, may be of an open, refuse-collection type, provided that such vehicle is fitted with a suitable canvas or other cover to prohibit any material from being discharged while the vehicle is in transit.

(4) Collections are to be made in such manner as not to permit debris, litter and the like from the collection procedure to fall upon any highway or street within the Town of Babylon.

(5) Vehicles designed or known as "rear loaders" or "rear-load packers" shall be completely closed in transit, either by use of the exterior closing door fitted as part of a body style or by the use of the closing mechanism in those units not having, as a standard or an accessory, a separate exterior door.

(6) All accessory doors, including the main loading door, shall be closed in travel on public highways unless the subject vehicle is engaged in a continuous servicing of adjacent structures on said highway.

(7) All collection vehicles shall perform and operate in accordance with the regulations of the Sanitation Commission.

(8) Collection vehicles shall be subject to inspection at any time by the Town for the purpose of enforcement of this chapter. All persons or their employees shall be required to give aid and cooperation when required by such personnel in the performance of the enforcement of this chapter.

(9) Collection vehicles shall be kept clean and sanitary, both inside and out. Where, as required in the collection practices, containers of one cubic yard or more are used, such containers shall be cleaned and sanitized as needed.

[Amended 12-18-2001 by L.L. No. 11-2001]