[Added 12-18-1991 by L.L. No. 21-1991[1]]
[1]
Editor's Note: This local law also repealed
former Art. III, Collection of Refuse.
A.Â
The purpose of this article is to establish rules
and regulations governing the collection and disposal of garbage and
other waste.
B.Â
ALUMINUM CANS
BLUE BOX
BULKY METALS
BULKY WASTE
DEMOLITION DEBRIS
GLASS BOTTLES
MUNICIPALLY COLLECTED SOLID WASTE
NEWSPRINT
RECYCLABLES
YARD ORGANICS
As used in this article, the following terms shall
have the meanings indicated:
Containers fabricated of aluminum and commonly used for soda,
beer or other beverages.
The recycling container obtainable from the Department of
Public Works.
Stoves, refrigerators, dishwashers, dryers, washing machines,
air-conditioning units, boilers, freezers, water tanks, lawn mowers,
metal duct work, aluminum siding, metal window and door frames and
other large metal appliances.
Beds, mattresses, chairs, tables, wood, windows, linoleum
and other large items not otherwise defined.
Concrete, masonry, wood plaster, aluminum or other siding
material, wire, asphalt, ceramics, tiles, Sheetrock, stones, bricks,
clay pipe, concrete pipe and any other by-product of a new construction
activity, renovation and rebuilding or other modification to a house,
appurtenances and grounds.
Transparent or translucent jars, bottles and containers which
are primarily used for packaging and bottling of various products,
but only those glass bottles that are green, amber or clear in color.
Household waste and other waste materials routinely produced
in a household and used household items. This material shall not include
other materials defined as bulky metals, bulky wastes, demolition
debris, glass bottles, newsprint and yard organics.
The common, inexpensive machine-finished paper made chiefly
from wood pulp used for newspapers. This term excludes glossy newspaper
inserts, books and magazines as well as other paper products.
Glass bottles, aluminum cans, metal food containers, newsprint,
plastic, leaves and bulky metals, as defined in this subsection, and
such other materials for which separate recycling collection is provided
by the Department of Public Works.
Grass clippings, leaves, branches and other like organic
garden materials. Excluded are tree trunks, root systems, tree stumps,
logs, main branches and other large growing vegetation.
Every person in possession of or responsible
for premises used for residential purposes shall prepare and segregate
all material intended for collection by the Department of Public Works
as follows:
A.Â
Municipally collected solid waste shall be placed
in watertight metal or plastic containers having a capacity not to
exceed 32 gallons, with tight-fitting metal or plastic covers. The
weight of any such container and its contents shall not exceed 60
pounds. No portion of any such container shall be located below the
surrounding grade level or in any enclosure, except as specifically
permitted by the Department of Public Works.
B.Â
Bulky waste material which is not self-contained shall
be placed in suitable containers so as to prevent scattering or, if
too large to be placed in containers, shall be bundled and securely
tied. The bundles shall not exceed four feet in any dimension, and
neither a container and its contents nor a bundle shall weigh in excess
of 60 pounds.
C.Â
Newsprint and other recyclables for which separate
collection is provided shall be separated from other municipally collected
solid waste and shall be placed in a blue box. Collection shall be
made in accordance with rules promulgated by the Department of Public
Works with the approval of the City Manager. Newsprint used to wrap
solid waste and contaminated newsprint shall not be included in such
bundles and shall be disposed of with household waste.
D.Â
The owner of a multiple-family building shall designate
a common area in which recyclable materials are to be accumulated
by residents in such building and shall be responsible for the placement
of recyclable materials for collection.
E.Â
Yard organics shall be separated from other municipally
collected solid waste. Leaves, grass clippings and other similar organic
materials shall be placed in plastic or biodegradable paper bags for
collection in accordance with rules promulgated by the Department
of Public Works with the approval of the City Manager. Yard organics
shall be placed at the curb readily accessible to a refuse collection
truck.
All material intended for collection by the
Department of Public Works shall be placed where it will be readily
accessible for collection as follows:
A.Â
Municipally collected solid waste must be set outside
of the building in a convenient place where it shall not be offensive
to the public, except that in areas abutting municipal car parks all
garbage and trash must be placed outside of the building in a fireproof
enclosed structure sufficient in size to handle all garbage and trash
from the property, designed to provide convenient emptying of containers
and removal of other garbage, boxes or trash, having latched doors
and placed in a location convenient for the collection thereof. Such
enclosure shall be coordinated with or integrated into a face of the
building, and the appearance of the enclosure shall be subject to
the approval of the Board of Architectural Review.
B.Â
Other material shall be placed at the curb readily
accessible to a refuse collection vehicle.
C.Â
Newspaper and other recyclables shall be placed at
curbside only.
D.Â
There will be no collection from residence where snow
and ice have not been cleared from access pathways or driveways.
E.Â
No material of any kind shall be placed at curbside,
along the shoulder of a street or on any part of a street more than
24 hours in advance of a scheduled collection.
F.Â
If vehicles are required to enter private property
for the collection of material, such entry will be at the sole risk
of the property owner.
G.Â
From the time of placement of garbage and other waste
for collection, such material shall be municipal property. It shall
be unlawful for any person, firm or corporation to collect, pick up
or cause to be collected or picked up any such material without the
express written authorization of the City of Rye. Each such collection
or pickup shall constitute a separate violation.
H.Â
Nothing herein shall prevent any person from making
arrangements for the private collection of materials, provided that
such materials to be collected privately shall not be placed at the
curb immediately preceding the day for municipal collection of such
materials.
A.Â
The Department of Public Works shall not pick up wood
over four inches in diameter or over three feet long; tree stumps;
tree trunks; firewood; railroad ties; telephone poles; demolition
or discarded debris, such as lumber, concrete, plaster, dirt, rock,
brick, asphalt or large wooden crates or boxes; stones or quantities
of sod; flammable or highly combustible matter, such as cleaning establishment
wastes or other industrial wastes found to contain varnish, paint,
thinners or other dangerous materials; sawdust; explosives; ammunition;
oil drums, either full or empty; cans or barrels containing combustible
liquids; rubber tires of any size; rubber wastes; automotive or similar
batteries; tar paper roofing; tar cans; dead animals; or any hazardous
waste as defined by Article 27 of the Environmental Conservation Law
and the regulations promulgated thereunder.
C.Â
The Department of Public Works shall not pick up any
material classified as toxic waste by 6 NYCRR 366, the identification
and listing of hazardous wastes pursuant to Article 27, Title 9, of
the Environmental Conservation Law or any ensuing legislation more
restrictive than currently in force.
D.Â
No person shall transport and attempt to dispose within
the City of Rye any waste material originating outside the City of
Rye.
E.Â
No business owner, operator or employee shall place
in a public waste receptacle maintained by the City any waste material
that originates from a residence or the operation of a place of business.
A.Â
No person shall engage in the business of operating
any vehicle used for carrying garbage or other refuse materials over
or upon the public streets of the City unless such vehicle, while
being so used, is equipped with a metal body or a body securely lined
with metal and with a closely fitted metal cover therefor so as to
prevent the escape therefrom of any such garbage or other refuse being
carried therein.
B.Â
No materials shall be allowed to be tied or attached
to the outside of the vehicle, on the tailboard or elsewhere except
highly flammable articles and the like which must be carried on the
tailboard. Anything herein contained to the contrary notwithstanding,
a permit may be granted by the City Engineer for:
C.Â
Vehicles shall be kept at all times in a clean and
sanitary condition and shall be subject to inspection at any time
by the Health Officer.
D.Â
It shall be unlawful for any person, firm or corporation
to operate any vehicle for carrying solid waste or other refuse materials
unless duly licensed so to do as hereinafter provided and except in
strict compliance with this article and all other provisions of laws
and ordinances applicable thereto.
E.Â
An application for a license under this section shall
be made by filing with the Clerk a written application, on a form
prepared and furnished by the City, fully describing the vehicle or
vehicles to be used for said purpose, the name and address of the
licensee, the liability insurance covering such vehicle or vehicles,
proof of workmen's compensation insurance and any other pertinent
information as may be required.
F.Â
If such application is approved by the County Department
of Health, the City Clerk shall issue a permit to the applicant upon
payment of a permit fee in the sum of $10 per vehicle, which license
shall expire on the 31st day of December annually, and the fee shall
not be prorated for any lesser period than one year.
It shall be unlawful for any person to place,
deposit or dump or cause to be placed, deposited or dumped automobiles,
automobile bodies, bottles, dead animals, garbage, grass, flammable
materials, junk, leaves, lumber, metal, plaster, putrescible substances,
tin cans or waste matter of any nature on any privately owned lot
for the purpose of abandonment or otherwise.
It shall be unlawful for any person to throw,
deposit or place or cause to be thrown, deposited or placed, in or
upon any street, sidewalk or other public place or any public property
or into any stream, canal or other watercourse or any waters within
the City, automobiles, automobile bodies, ashes, bottles, boxes, broken
crockery, dead animals, excrement, filth, garbage, flammable materials,
junk, leaves, lumber, metal, offal, plaster, putrescible substances,
rags, shavings, shells, stones, straw, tin cans, wood or any rubbish
or waste of any kind or to cause any obstruction or injury thereto
or nuisance therein.
It shall be unlawful for any person to throw
or deposit or cause to be thrown or deposited into any drain, catch
basin, sewer or gutter within the City any substance which may cause
obstructions or injury thereto or nuisance therein. It shall also
be unlawful for any person to divert or stop the flow of any drain
or sewer.
All disposal at the City's compactor shall be
subject to such rules and regulations as may be adopted by the Department
of Public Works with the approval of the City Manager, and the violation
of any of such rules and regulations, in addition to any other penalty
that might otherwise be applicable to such violation, shall be just
cause for cancellation and termination by the City Manager, after
a hearing, of the privilege of wasting at the City's compactor by
virtue of a permit.
[Amended 12-1-1999 by L.L. No. 11-1999]
A.Â
A fee in an amount as established by resolution of the City Council may be charged for bulky metals and bulky waste placed at curbside for collection in excess of the amount allowed by § 157-28, in accordance with the rules and regulations established by the Department of Public Works with the approval of the City Manager.
B.Â
Because collection of bulky metals and bulky waste
or excessive materials is a service benefiting the property, the cost
of collection may be levied against the property and may become a
continuing lien. A statement of fees and penalties in accordance with
this section shall be served upon the owner of the property, either
personally or by mailing addressed to the last known property owner
as the name and address appear on the assessment roll of the City
of Rye. If the amount stated is not paid within 30 days after demand,
the City Assessor shall, in the preparation of the next assessment
roll, assess such amount upon such property, and this amount shall
be levied, collected and enforced in the same manner as taxes upon
said property for City purposes are levied, collected and enforced.
The City Manager shall have the authority, subject
to the approval of the City Council, to further limit or waive the
above restrictions on the quantities and types of wastes collected
and to adopt regulations relating to garbage and bulky waste which,
when adopted and approved, shall have the same status as the provisions
of this article.