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City of Rye, NY
Westchester County
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Table of Contents
Table of Contents
[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Editor's Note: This local law also repealed former Art.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. 
The purpose of this article is to establish rules and regulations governing the collection and disposal of garbage and other waste.
B. 
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Containers fabricated of aluminum and commonly used for soda, beer or other beverages.
BLUE BOX
The recycling container obtainable from the Department of Public Works.
BULKY METALS
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.
BULKY WASTE
Beds, mattresses, chairs, tables, wood, windows, linoleum and other large items not otherwise defined.
DEMOLITION DEBRIS
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.
GLASS BOTTLES
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.
MUNICIPALLY COLLECTED SOLID WASTE
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.
NEWSPRINT
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.
RECYCLABLES
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.
YARD ORGANICS
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. 
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. 
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. 
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. 
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. 
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.
(1) 
Leaves will be bagged separate from other yard organics.
(2) 
Branches not exceeding four inches in diameter shall be securely tied in bundles no longer than three feet in length, not larger than 18 inches in diameter and not exceeding 50 pounds in weight for collection with yard organics.
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. 
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. 
Other material shall be placed at the curb readily accessible to a refuse collection vehicle.
C. 
Newspaper and other recyclables shall be placed at curbside only.
D. 
There will be no collection from residence where snow and ice have not been cleared from access pathways or driveways.
E. 
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. 
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. 
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. 
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. 
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.
B. 
Effective April 1, 1992, the Department of Public Works shall not pick up from any one dwelling unit or commercial location during any collection more than:
(1) 
Two thirty-two-gallon containers, or the equivalent thereof.
(2) 
Two cubic yards of bulky waste, except by special arrangements.
C. 
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. 
No person shall transport and attempt to dispose within the City of Rye any waste material originating outside the City of Rye.
E. 
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. 
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. 
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:
(1) 
Carrying on the outside of the enclosed body:
(a) 
Bulky waste or bulky metals as defined in this article.
(b) 
Ashes in substantial receptacles fitted with tight covers.
(2) 
Collecting from the business districts where the waste materials are bulky in a flat-body vehicle. The vehicle must have a canvas covering which shall be securely fastened so as to prevent the escape therefrom of any materials being carried therein.
C. 
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. 
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. 
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. 
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. 
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. 
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.