[HISTORY: Adopted by the Town Board of the
Town of Greenburgh 3-27-1991 by L.L. No. 16-1991. Amendments noted
where applicable.]
The purpose of this chapter is to provide for
the orderly disposal of all litter, waste, refuse, garbage, solid
waste and recyclable material generated in the Town. Additionally,
this chapter establishes a mandatory recycling program in an attempt
to derive maximum environmental and economic benefit with a minimum
inconvenience to residents and property owners and to maximize the
tonnage of material for recyclable use.
For the purpose of this chapter, the following
terms and words shall have the meanings indicated:
Includes any person duly licensed or authorized to engage
in, or who engages in, the business of collecting, storing, transporting
and disposing of solid waste.
Any area where clubs, business, industry or light manufacturing
enterprises are located or operating, or any area not classified as
residential.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food and readily
combustible material such as wood and cloth.
Any motor vehicle that has two or more missing tires; or
is in any other manner, legally or mechanically, unable to be moved
under its own power in response to an order to do so by a peace officer
or Code Enforcement Officer of the Town, county or state, or to be
operated on the public roadways of the Town, county or state.
[Added 8-29-2007 by L.L. No. 10-2007]
An accumulation of leaves, twigs and other debris located
on a public right-of-way, street and/or pedestrian walkway sufficient
to cause vehicular and/or pedestrian traffic to deviate from a straight-line
direction of travel or to obstruct the sight distance along the street
or create drainage problems or obstruct any catch basin or fire hydrant.
[Added 12-17-2007 by L.L. No. 16-2007; amended 4-25-2012 by L.L. No. 4-2012]
Garbage, solid waste or rubbish, as may be defined herein,
and other waste material which is thrown or deposited and which tends
to create a danger to the public health, safety and welfare.
Any vehicle defined as a motor vehicle by § 125
of the Vehicle and Traffic Law of the State of New York, as such law
may from time to time be amended or renumbered.
[Added 8-29-2007 by L.L. No. 10-2007]
That portion of a public right-of-way which has been designated
and surfaced for the purpose of pedestrian traffic.
[Added 12-17-2007 by L.L. No. 16-2007]
Any person, employee, servant, agent, firm, partnership,
association, corporation, company or organization of any kind.
The plan entitled "A Plan for Solid Waste Management in Westchester
County, New York," dated May 7, 1974.
A detached building containing one dwelling unit.
Any property other than that used as a public highway or
public right-of-way.
Metal food and beverage containers and cans, pet food cans,
glass jars and bottles, automobile tires (with rims removed) and newspapers,
including inserts, and bulk metals, including appliances, and any
other material which may be determined by the Town to be recyclable.
An area primarily zoned and occupied for residential purposes.
Nonputrescible solid wastes, excluding ashes, consisting
of both combustible and noncombustible wastes, such as wood, bedding,
crockery and similar nonrecyclable materials.
The area between a building or property line and the street.
Includes all manner of useless, unwanted or discarded solid
or semisolid nontoxic, domestic, commercial, industrial, institutional,
construction and demolition waste materials, except hazardous, toxic,
chemical, human or rendering wastes. Solid waste shall include garbage,
litter, recyclable materials, rubbish and ashes.
Includes any fixed facility that is established, maintained
and operated, either as its primary function or in support of some
other facility or operation, for the transfer, treatment, disposal
or salvage of solid waste. It includes, but is not limited to, any
facility that is established for the purpose of transferring, baling,
composing, incinerating, recycling, separating, salvaging, shredding
or landfilling any solid waste or any combination of functions thereof,
including stationary compactors located at points of collection.
Includes any public street, roadway, highway, lane, alleyway,
park, parking area, grounds or any other public place.
Any motor vehicle that is not currently registered pursuant
to the requirements of the New York State Vehicle and Traffic Law,
including the provisions of such law providing for reciprocity with
other states.
[Added 8-29-2007 by L.L. No. 10-2007]
A report prepared by any sworn member of the Police Department,
or the Commissioner of the Department of Public Works or the Building
Inspector, or their designated assistants, submitted to the court
with a copy to the defendant, indicating that the leaf piles that
were the subject of the summons were removed within 48 hours of the
issuance of the summons.
[Added 12-17-2007 by L.L. No. 16-2007]
A.
All solid waste accumulated in the Town shall be collected,
conveyed and disposed of under the supervision of the Commissioner
of Public Works or his authorized representative, who shall have the
authority to make regulations concerning the days of collection, type,
size and location of disposal containers and such other matters pertaining
to collection, conveyance and disposal as he shall find necessary.
The Commissioner shall have the authority to change and modify any
regulations after due notice to all concerned.
B.
Separation of wastes; receptacles.
(1)
Garbage, recyclable materials and rubbish shall be
separated and placed and maintained in separate containers or receptacles.
(2)
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 part thereof, sufficient
receptacles to hold garbage, recyclable materials and rubbish, ordinarily
accumulated by the occupants of such land or building, each in separate
receptacles, and allocate an area for storage of such receptacles
in the interval between regular collections. Any waste material other
than garbage, recyclable materials and rubbish, which cannot be readily
deposited in any receptacles, may be compacted and securely bundled,
tied or packed as to be easily handled, but not weighing more than
75 pounds and not likely to be scattered and, when packed and secured,
may be placed alongside of or in place of regular receptacles. Such
packages or bundles should not exceed three feet in length.
(3)
Each of such receptacles provided for in this section
shall be watertight, kept covered with a suitable cover and maintained
in a sanitary condition by periodic cleaning. Except in instances
where approved containers are used, such receptacles shall not exceed
twenty-gallon capacity and, when filled, shall not exceed 75 pounds
in total weight.
(4)
Each such receptacle containing garbage, recyclable
materials or rubbish shall be free of water or saturated materials.
(5)
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 repaired or replaced upon notice.
(6)
The Commissioner shall have the authority to refuse
collection for failure to comply herewith.
C.
Points of collection; applicability.
(1)
Points of collection.
(a)
Curb service. Where curb service is provided,
containers shall be placed for collection in a visible and accessible
area between the sidewalk line and curbline immediately in front of
the premises.
(b)
Walk-in service. Where walk-in service is provided,
containers of garbage shall be placed adjacent to the main (dwelling)
building, at a readily accessible location, to which a safe and convenient
way of access is maintained. Rubbish and recyclable materials shall
be picked up by curb service.
D.
The Department of Public Works shall make regular
collections of all solid waste as often and during such specified
hours as shall be prescribed by the Commissioner. The Commissioner
shall have the right to omit collections from any premises where employees
of the Town are subject to any unnecessary danger or hazard.
E.
Quantities to be collected.
(1)
Residential private dwellings:
(a)
Garbage: The equivalent of two twenty-gallon
containers per family each collection day.
(b)
Rubbish: The equivalent of two twenty-gallon
containers each collection day, plus an additional equivalent of three
twenty-gallon containers during the months of May through October
inclusive. Bundled and tied tree trimmings not exceeding three feet
in length and 24 inches in any other dimension shall be equal to one
twenty-gallon container.
(c)
Christmas trees. Trees shall be placed at the
curb area and will be collected by regular collection or special collection
during the month of January each year.
(d)
Large household items. All large household items,
such as furniture, refrigerators, etc., will be collected from the
curb area only. The Commissioner shall have the authority to decline
certain materials in accordance with the Town's ability to dispose
of such materials.
(e)
Ashes. Ashes must be thoroughly water quenched
and placed in one fireproof metal receptacle, weighing not more than
75 pounds filled, and placed with rubbish for collection.
(2)
Residential multifamily dwellings.
(a)
Where a multifamily dwelling is equipped with
incinerator facilities, all garbage must be incinerated, and the Town
shall collect and dispose of all incinerated residue on regularly
scheduled days. Such residue shall be put in suitable containers.
Where a multifamily dwelling is not equipped with incinerator facilities,
the Town shall collect all solid waste two days a week as scheduled
by the Commissioner.
(3)
Commercial. The following limitations apply to collection
practices of the Town and do not apply to private collection operations
which supplement regular Town collections and are contracted for by
the owners, landlords or tenants due to excessive accumulations of
solid waste:
(4)
Prohibitions.
(a)
The Department of Public Works will collect from the premises on scheduled days an amount of all classes of solid waste in accordance with limitations set forth in § 410-3, but where abnormal amounts are placed for collection, the Department reserves the right to refuse the materials, to defer the collection, to collect the material in part or to make a special collection thereof at charges authorized by the Commissioner.
[Added 8-29-2007 by L.L. No. 10-2007]
(b)
The Commissioner is authorized to enter into
an agreement with any person in commercial areas for the collection
of excessive accumulation of abnormal amounts of all classes of solid
waste and to prescribe, in the terms of any agreement, conditions,
limitations, exceptions, obligations and uses of Town-owned equipment.
The rates for such collection shall be established by the Town Board
and shall be subject to change by resolution of the Town Board after
a public hearing. Rate changes shall take effect upon 30 days' notice
to any contracting person.
[1]
Editor's Note: This local law also redesignated
former Subsection E(4)(a) through (h) as Subsection E(4)(c) through
(j).
(c)
Use of barrels, drums, kegs, cardboard boxes
or cloth bags for the containing of garbage is prohibited.
(d)
Empty receptacles shall be removed from the
curb area within 12 hours after collection unless otherwise prescribed
by the Commissioner.
(e)
Solid waste receptacles shall be stored on private
property on a location adjacent to a principal or accessory use building,
but in no case shall such receptacles be stored forward of the front
building line of the principal structure unless they are off the sidewalk
area and completely obscured from public view, unless approved by
the Commissioner.
(f)
It shall be illegal for any person to construct,
place or build facilities for the storage of receptacles below property
grades (underground).
(g)
Receptacles shall not be placed for collection
inside or within any building, accessory use building or garage, or
any place above or below ground level nor shall they be placed at
the curb more than 12 hours prior to a scheduled pickup.
(h)
No person shall prevent or interfere with any
employee of the Town in the sweeping or cleaning of any street, sidewalk
or right-of-way or in the removal therefrom of sweepings, litter,
snow, ice or other solid waste material.
(i)
No person, other than an authorized employee
or agent of the Town or a private collection agency authorized by
the owner or occupant of the property, shall disturb or remove any
solid waste or recyclable materials that have been placed outside
of private houses, apartment houses, business or commercial buildings
or lots for removal.
(j)
No employee of the Town, in the course of his
duties, shall be required to enter a building or structure to gather
or collect any solid waste.
(5)
Material not collected. The Town shall not collect
or dispose of any debris such as plaster, stone, brick, sawdust, sod
or dirt resulting from general contracting, renovating or landscape
contracting, nor shall the Town collect or dispose of any cleaning-establishment
waste, highly combustible materials, medical waste, hazardous materials,
junk automobiles or branches and tree stumps unless they are split
in sections six inches or less in diameter and three feet or less
in length. Removal of such debris shall be arranged privately.
A.
The owner, lessee, contractor, tenant or other person
having management or control of or occupying any lot or plot of land
in the Town, excluding any location designated by the Town Board,
Commissioner of Public Works or the Westchester County Department
of Health for such purposes, shall keep such land at all times free
and clear of any accumulation of solid waste or discarded matter of
any type, including automobile parts and other machinery, except such
as may be deposited for collection and disposal as provided for by
this chapter.
[Amended 8-29-2007 by L.L. No. 10-2007]
B.
No person shall deposit, throw, cast or bury ashes,
solid waste, grass cuttings, tree cuttings, leaves, offal or discarded
matter of any type, including automobile parts and other machinery,
on any lot or plot of land in the Town other than small inoffensive
compost heaps, such as may be utilized by a home gardener when stored
on his own property and appropriately screened from view.
[Amended 8-29-2007 by L.L. No. 10-2007]
C.
No person shall throw, cast or lay or direct, suffer
or permit any person to throw, cast or lay any solid waste or discarded
matter of any type, including automobile parts and other machinery,
and, with the exception described below, leaves, on any street, sidewalk
or right-of-way within the Town. For the purposes of this subsection
as it pertains to leaves, "street" is defined as the entire width
between the boundary lines of every way publicly maintained when any
part thereof is open to the use of the public for purposes of vehicular
traffic.
[Amended 8-29-2007 by L.L. No. 10-2007; 12-17-2007 by L.L. No. 16-2007[1]; 4-25-2012 by L.L. No. 4-2012]
(1)
During the period designated by the Commissioner of
Public Works for leaf collection (generally October through December),
leaves for pickup and collection must be placed in authorized bags
or receptacles designated by the Commissioner of Public Works and
may not be piled on the public right-of-way or any street or pedestrian
walkway. A leaf pile shall create a rebuttable presumption that the
landowner, lessee, or management agent of the premises most closely
abutting the leaf pile threw, cast, lay, directed, suffered or permitted
the leaf pile to be placed in this location.
(2)
The placement of leaf piles in the public right-of-way,
street or pedestrian walkway is prohibited.
[1]
Editor's Note: This local law provided an
effective date of 2-1-2008.
D.
Litter baskets. The Commissioner shall place on sidewalks,
parking areas or any other public place, litter baskets, as may, in
his discretion, be required. No person shall deposit in such litter
baskets accumulations of solid waste or discarded matter of any type
from private or commercial property which must be deposited for collection
or disposal, as provided for by this chapter.
E.
No person being the owner, driver or manager of any
car or other vehicle and no owner of any receptacle shall scatter,
drop or spill or permit to be scattered, dropped or spilled any dirt,
gravel, sand, clay, loam, stone or building rubbish or hay, straw,
sawdust, shavings or other light materials of any sort or manufacturing,
trade or household waste of any sort or ashes, manure, garbage or
other organic waste or other offensive matter therefrom or permit
the same to be blown off therefrom by the wind upon any street or
sidewalk or right-of-way in the Town.
F.
No person shall allow any swill, brine or any offensive
animal matter or any bad-smelling or noxious liquid or other filthy
matter of any kind to run or fall into or upon any street, sidewalk
or right-of-way in the Town or be taken or put thereon.
G.
No person having the care, custody or control of any
domestic animal, including cats, whether leashed or unleashed, licensed
or unlicensed, shall permit such animal to excrete its body waste
upon any sidewalk area in the Town.
H.
No person shall abandon or discard or cause to be
abandoned or discarded any article or thing, including but not limited
to shopping carts or shopping wagons, baskets, crates, boxes or cartons,
in or upon any street, highway, sidewalk or public place lying in
the Town.
I.
Rubbish blowing from receptacles. No person, being
the owner or in control of a receptacle containing any dirt, filth
or solid waste, shall permit the contents of such receptacle to be
blown therefrom by the wind onto or upon any street, highway or public
place lying in the Town.
J.
Removal of weeds, rubbish, etc. The owner or occupant
of real property within the Town of Greenburgh is hereby required
to cut and remove all noxious weeds, brush, rank growths and long
grass growing upon said real property, and to remove all rubbish and
debris from said property.
K.
Surface drainage, etc., into sanitary sewers prohibited.
No street gutter, surface, land or subsurface drain of any kind shall
be permitted to be discharged into the public sanitary sewer or connected
therewith, directly or indirectly.
[Amended 5-22-2013 by L.L. No. 2-2013]
L.
Any accumulations of solid waste resulting from failure
of any person to comply with any provision of this chapter or from
failure of such person to take advantage of the regular collection
service maintained by the Town and any waste building materials in
excess of ordinary household refuse of such materials shall be removed
by such person at his expense.
M.
No person or entity may deposit, leave, abandon or
store an unregistered or inoperable motor vehicle(s) on any lot or
plot of land, including the public right-of-way and public street
adjacent thereto, located in a one-family or multifamily zoning district
in the Town, nor shall the owner of any such lot or plot allow, permit
or suffer such unregistered or inoperable motor vehicle(s) to remain
on his, her or its property, unless such location was designated for
such purposes by the Town Board, Commissioner of Public Works or the
Westchester County Department of Health, or is a licensed gasoline
service station or automobile repair shop lawfully in existence in
such districts at the time of the enactment of this subsection.
[Added 8-29-2007 by L.L. No. 10-2007[2]]
[2]
Editor's Note: This local law also redesignated former Subsection M, regarding the collection of solid waste, as § 410-3E(4)(a); former Subsection N, which immediately followed, regarding agreements to collect excessive or abnormal amounts of solid waste, as § 410-3E(4)(b); and former Subsection O, which immediately followed, regarding the procedure for correction of violations, as § 410-9A.
A.
The owners, lessees and occupants of all single- and
multifamily dwellings and commercial areas within the Town who receive
sanitation collection services from the Town shall participate in
this recycling program and properly place at curbside for collection
all recyclable materials on the day for recycling collection. Recyclable
materials shall not be intermingled with or placed together with nonrecyclable
materials.
[Amended 9-23-1992 by L.L. No. 4-1992]
B.
Newspapers shall be securely bundled or tied or placed
in nondisposable containers, not exceeding 75 pounds in weight per
package or container. Paper in plastic or paper bags cannot be accepted.
Only clean newsprint and inserts can be accepted; no other type of
paper should be included in the package or container. "Clean newsprint"
is defined as newsprint in substantially the same condition as originally
received, absent normal wear and tear, and free from paint, stain,
garbage or other extraneous materials.
C.
All glass shall be rinsed clean, with caps and lids
removed and placed in sturdy, nondisposable containers. Metal food,
juice and beverage cans, aluminum pie plates and foil shall be rinsed
clean with any caps or lids removed and placed in a sturdy, nondisposable
container. These items may be commingled in the same container but
only the items listed herein may be included in the container. One
such container shall be provided to every household in the Town. Said
container shall remain the property of the Town and shall remain at
the residence to be used for recycling purposes only. If a container
is lost, destroyed or stolen, it shall be the responsibility of the
owner, lessee or occupant to reimburse the Town for the cost of the
replacement.
D.
Every service establishment, as defined under Article
23, Title 23, of the Environmental Conservation Law, shall accept,
at no charge, used oil in quantities and under the terms and conditions
set forth in the Environmental Conservation Law and the applicable
regulations.
[Added 9-23-1992 by L.L. No. 4-1992]
E.
Every dealer and distributor, as defined under Article
27, Title 10, of the Environmental Conservation Law, shall accept
at his place of business any empty beverage container of a type sold
at such premises and pay to any redeemer the refund value therefor
under the terms and conditions set forth in the Environmental Conservation
Law and the applicable regulations.
[Added 9-23-1992 by L.L. No. 4-1992]
F.
Every retailer, as defined under Article 27, Title
17, of the Environmental Conservation Law, shall accept used lead-acid
batteries at no charge under the terms and conditions set forth in
the Environmental Conservation Law and the applicable regulations.
[Added 9-23-1992 by L.L. No. 4-1992]
A.
License required. No collection vehicles, other than
those owned by the Town, shall make collections in the Town unless
a license is procured for each vehicle as hereinafter provided.
B.
Application. Each application for a license shall
be made to the Town Clerk on forms supplied by her and shall include,
but not be limited to, the following:
[Amended 11-9-1992 by L.L. No. 7-1992]
(1)
The name and address of the owner of each vehicle.
(2)
If the vehicle is owned by other than an individual
person, the name and address of the firm, partnership, corporation
or other entity. If the vehicle owner is a corporation, indicate the
state of incorporation or charter and the date of such official recognition.
(3)
The full names, addresses, social security numbers
and dates of birth of all owners, officers, partners, managers, members
of the Board of Directors and holders of 10% or more of the outstanding
stock or indebtedness of such firm.
(4)
Managers, corporate officers and administrative personnel responsible for supervising and administering local collection within the Town pursuant to this section shall submit fingerprints in accordance with Chapter 350, Fingerprints, of the Town Code, and, in addition, pay to the New York State Division of Criminal Justice Services, an amount set by the Division of Criminal Justice Services by submitting a certified check or money order payable to New York State to cover the cost and expense of processing fingerprints submitted under this section. Managers, corporate officers and administrative personnel required to comply with Chapter 350, Fingerprints, of the Town Code, shall include, but not be limited to, all persons responsible for supervising and administering sanitation collection within the Town and ensuring the firm's daily compliance with all local, state and federal regulations.
(5)
Whether the applicant or any current owner, officer,
partner, manager or member of the Board of Directors has ever been
convicted of a crime and, if so, that person's name and disclosure
of all conviction(s), the jurisdiction(s), date(s) and sentences imposed.
(6)
Whether any of those named in Subsection B(4) above is or has been affiliated in any way with any other solid waste collection firm and, if so, with whom and how.
(7)
Whether any of those listed in Subsection B(4) above have ever been denied a license for the purpose of solid waste collection and, if so, whom, the jurisdiction and date.
(8)
The make, year, model of chassis, body style, covering
and color of the subject vehicle.
(9)
The current New York State registration and plate
numbers of the subject vehicle. If registration and/or plate numbers
change during the period for which the vehicle is licensed, this change
shall be reported, in writing, to the Town Clerk within 48 hours of
such occurrence.
(10)
The expiration date of the vehicle registration.
(11)
The unladen and maximum gross weight of vehicle.
(12)
The routes on which the vehicle will operate within
the Town.
(13)
The approximate volume and tonnage the vehicle will
handle per day.
(14)
A listing of the present customers, with addresses,
which will be serviced by the vehicle within the Town.
(15)
The hours and days during which the vehicle will normally
operate within the Town.
(16)
The disposal site or sites used or planned.
(17)
The garage or lot location where such vehicle is normally
stored.
(18)
The name of the vehicle insurance carrier, policy
number and expiration date.
(19)
The certificate of employee disability insurance number.
C.
Investigation of applicants and vehicles.
(1)
After completing the application to the satisfaction
of the Town Clerk, the applicant shall deliver the same to the Town
Clerk, who shall forward a copy of the application to the Chief of
Police or his designated representative at police headquarters. The
Chief of Police or his designated representative shall cause an investigation
to be made of said applicant(s). After completing this investigation,
the Chief of Police or his designated representative shall forward
to the Town Clerk his recommendation as to either granting or denying
the application. No license shall be issued under the provisions of
this chapter until the Chief of Police or his designated representative
has indicated in writing his recommendation.
(2)
For the purpose of inspection by the Department of
Public Works, the vehicle shall be made available at the Town highway
garage or other designated location at a time agreed to between the
Department of Public Works and the owner, but no later than 14 days
after the date the application is submitted. Such inspection will
require the vehicle to pass New York State vehicle inspection standards
and other uniform inspection requirements. The Commissioner shall
transmit to the Town Clerk his written recommendation as to either
the granting or denying of said application.
D.
Issuance, denial, revocation or suspension of license.
(1)
Within 30 days after receipt of the reports and recommendations
of the Chief of Police or his designated representative and the Commissioner
of the Department of Public Works, the Town Clerk shall determine,
in her discretion, whether or not to grant such application. The Town
Clerk may deny any application for cause, after written notice, for
the following reasons, including, but not limited to:
(a)
Fraud, misrepresentation or false statement
in the application for the license.
(b)
Fraud, misrepresentation or false statement
made in the course of carrying out the applicant's trade, business
or occupation.
(c)
Any violation of this chapter.
(d)
Conviction of a felony or misdemeanor, which,
in the judgment of the Town Clerk or the Chief of Police, renders
the applicant unfit or undesirable, except by a majority vote of the
Town Board.
(e)
In the opinion of the Town Clerk, the applicant
shall be undesirable or incapable of properly conducting a sanitation
business.
(2)
Licenses issued under the provisions of this chapter may be suspended for a definite period of time or revoked by the Town Clerk for cause, after written notice, including but not limited to the same reasons for denying an application listed above in § 410-6D(1). A second suspension for the same reason shall revoke the license. No person whose license has been revoked shall be again licensed in the Town except upon a majority vote of the Town Board.
(3)
Upon denial, revocation or suspension, the applicant
or licensee may, within 30 days of such denial or revocation, appeal
in writing to the Town Board for a hearing to review the determination
of the Town Clerk.
E.
Expiration, renewal and transferability.
(1)
All licenses issued pursuant to this section shall
be valid from the date of issue until December 31 of the year in which
the license was issued.
(2)
The license is not transferable except when current
New York State vehicle registration is transferred to another vehicle
and then only when notification is made to the Town Clerk prior to
the transfer and when the subject vehicle has been approved by the
Commissioner of Public Works.
(3)
The license to be issued by the Town Clerk shall be
prominently displayed on the lower right corner of the left front
access door not more than three inches from the vertical and horizontal
edges.
F.
For each application submitted, the applicant shall
pay an application fee to be set by the Town Board by resolution.
G.
No permit to perform any work shall be issued until
the applicant provides satisfactory proof of compliance with the following
requirements:
(1)
Certificate of compliance with the statutory requirements
for workmen's compensation insurance and disability insurance in the
State of New York.
(2)
Certificate that the licensee has comprehensive general
liability insurance or comprehensive commercial liability insurance
against personal injury or property damage arising out of any operations
of the licensee and/or his employees pursuant to a license or permit
issued by the Town and which designates the Town of Greenburgh as
coinsured or additional insured on the policy. Such insurance shall
be in the following amounts:
A.
It shall be unlawful to dispose of any solid waste
collected within the Town at any location other than that so designated
by the Town Board.
B.
Private collection vehicles shall operate only between
the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, and between
the hours of 8:00 a.m. and 7:00 p.m. on Saturday, excluding holidays,
except that upon application of a licensed private sanitation operator,
the Commissioner may authorize such operations between the hours of
5:00 a.m. and 7:00 p.m., Monday through Saturday, provided that the
applicant for an extended operating authorization submits to the Commissioner
sufficient justification for such extended operating hours, including
certification that such operation is in an area that will not cause
annoyance, disturbance or other inconvenience to private residents.
(1)
If the Commissioner is satisfied by reasonable proof
that the applicant meets the standards set forth, he may endorse the
sanitation license of said applicant authorizing extended hours.
C.
No collection whatsoever shall be made on Sundays
or the following holidays: New Year's Day; Memorial Day; Independence
Day; Labor Day; Thanksgiving Day; or Christmas Day.
D.
Garbage collection vehicles shall be completely enclosed
and watertight.
E.
Rubbish collection vehicles wherein no garbage is
transported may be of an open collection type, provided that such
vehicles are fitted with a suitable canvas or other cover to prevent
any material from being discharged while such vehicles are in transit.
F.
Collections are to be made in such manner as not to
permit debris, litter and the like to fall upon property, public or
private, or upon any highway within the Town.
G.
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 mechanism or by having all refuse compacted
between the pushout blade and packer blade.
H.
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.
I.
Collection vehicles shall be subject to inspection
at any time by authorized representatives of the Department of Public
Works or police officers of the Town, for the purpose of enforcement
of this chapter. All licensed firms or their employees shall be required
to give aid and cooperation when requested to do so by such Town personnel
in the performance of the enforcement of this chapter.
J.
Where, as required by the collection practice, containers
of one cubic yard or more are used, such containers must prominently
display the name and address of the individual or firm owning such
container. Containers must have covers and must be covered at all
times. Containers must be kept clean and sanitary at all times.
K.
All collection vehicles shall be properly identified
by the person owning such vehicles, including the name and address,
and shall be kept clean and sanitary both inside and out.
A.
The Town shall deliver or cause to be delivered to
a solid waste facility or facilities designated by Westchester County
and licensed, operated or approved by Westchester County, all solid
waste collected or caused to be collected within the Town, subject
to such restrictions as may be required by the county in conformity
with the plan as set forth in Resolution No. 162-1974 of the County
Board of Legislators, except that bona fide recycling or resource-recovery
programs or drives within the Town and operated or licensed by it
may be exempted from this section with the approval of the county.
B.
In consideration of the assumption by Westchester
County of responsibility for the disposal of all solid waste collected
in this municipality in compliance with federal and state standards
for the control of ground, air and water pollution, the Town agrees
to refrain from exercising its powers to impose licensing requirements
for collectors of solid waste at such time as the county shall adopt
requirements for the licensing and regulation of said collectors on
a county-wide basis.
C.
Recognizing that the plan offers the most efficient
and least costly method of solid waste disposal in compliance with
federal and state standards for the control of air, ground and water
pollution, the Town agrees to pay all reasonable fees set by Westchester
County for the disposal of solid waste, at the designated point of
transfer to the county facility.
D.
This section shall take effect immediately, except that Subsections A and B shall take effect on the date set by Westchester County for the assumption by Westchester County of total responsibility for the disposal, in accordance with the plan, of all solid waste collected in this Town and upon 60 days' prior written notice by the county to the Town.
A.
Procedure for correction of violations.
(1)
Notice of a violation of this section may be served
on the owner or one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent
interest in the same either personally or by certified mail sent to
the last known address of the owner or one of the owner's executors,
legal representatives, agents, lessees or any other person having
a vested or contingent interest in the same. Said notice shall contain
a statement describing the violation and an order requiring the violations
be corrected. If service is made by certified mail, a copy of the
notice shall be posted on the premises. The notice shall provide that
the violation must be corrected within 14 days after service of the
notice.
[Amended 12-17-2007 by L.L. No. 16-2007[2]]
[2]
Editor's Note: This local law provided an
effective date of 2-1-2008.
(2)
A copy of the notice may be filed with the Westchester
County Clerk, who shall file said notice in the same manner as a notice
of pendency pursuant to Article 65 of the Civil Practice Law and Rules.
Said notice shall have the same effect as a notice of pendency.
(3)
In the event that the owner or some one of the owner's
executors, legal representatives, agents, lessees or any other person
having a vested or contingent interest in the same fails or refuses
to correct the violation, the Commissioner may order the correction
of said violation.
(4)
The costs and expenses incurred by the Town in connection
with the proceedings set forth in this section, including the cost
of actually correcting the violation, shall be against the land on
which the violation is located.
B.
This chapter shall be enforceable by the Commissioner
of the Department of Public Works, the Building Inspector and their
designated assistants and any sworn member of the Police Department
of the Town of Greenburgh. Each shall have the authority to issue
violation notices and summonses and seek injunctive relief as necessary.
[4]
Editor's Note: This local law provided an
effective date of 2-1-2008.
C.
Any violation of the provisions of this chapter, except § 410-5, and except § 410-4C as it pertains to leaves, shall, upon conviction, be punished by a fine of not more than $500 and/or imprisonment not to exceed three months. Each day the violation continues shall constitute a separate offense. A second and subsequent violation for the same offense shall be a misdemeanor and be punishable by a fine of not more than $1,000 and/or imprisonment not to exceed six months. Each day the violation continues shall constitute a separate offense.
[Amended 12-17-2007 by L.L. No. 16-2007[5]]
[5]
Editor's Note: This local law provided an
effective date of 2-1-2008.
D.
Any violation of the provisions of § 410-5 of this chapter shall, upon conviction, be punished by a fine of not more than $50. A second violation for the same offense shall be punishable by a fine of not more than $100. A third and subsequent violation for the same offense shall be punishable by a fine of not more than $150. Each day the violation continues shall constitute a separate offense. No summons shall be issued pursuant to this section unless a violation notice has first been issued and subsequent violations have occurred after the issuance of the violation notice.
E.
If a summons is issued, pursuant to § 410-4C of this chapter as it pertains to leaves, upon the owner, one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, and said person presents to the court on or before the day the summons is answerable verifiable proof that such leaf piles were removed within 48 hours of issuance of the violation notice or summons, whichever was issued first, then said summons may be dismissed by the court.
[Added 12-17-2007 by L.L. No. 16-2007[6]]
[6]
Editor's Note: This local law provided an
effective date of 2-1-2008.
F.
Any violation of the provisions of § 410-4C of this chapter as it relates to leaves shall, upon conviction, be punishable by a fine of not less than $150 and not more than $500 per offense. Each day a violation continues shall constitute a separate offense.
[Added 12-17-2007 by L.L. No. 16-2007[7]]
[7]
Editor's Note: This local law provided an
effective date of 2-1-2008.
