[HISTORY: Adopted by the Board of Trustees
of the Village of Larchmont as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-14-1990 by L.L. No. 2-1990]
It is the purpose of this article to comply
with § 120-aa of the General Municipal Law of the State
of New York as enacted in Section 23 of the Solid Waste Management
Act of 1988, Chapter 70 of the 1988 Laws of New York State.
As used in this article, the following terms
shall have the meanings indicated:
A residential building, structure or dwelling, as such terms
are defined in the Village's Zoning Law and/or Building Code.[1] This term includes both attached and detached dwellings,
single-family and multifamily buildings, structures and dwellings.
The Larchmont-Mamaroneck Joint Garbage Disposal Commission,
its officers, employees, agents and successors.
Clean, post-consumer newspapers only. The term does not include
newspaper which has been used for purposes inconsistent with recycling,
including but not limited to the wrapping of putrescible materials,
packaging or painting. The Commission may, in its discretion, further
restrict the character of newspaper which it will accept for recycling.
The owner, lessee or responsible individual at the collection
point.
Chapter 381 of the Code of the Village of Larchmont and subsequent amendments adopted thereafter.
Any newspapers as may be left by a resident
or occupant of a building for collection and recycling by the Commission
shall be left for collection and recycling in accordance with regulations
of the Commission specifying, with respect to such collection and
recycling, the days; times; locations; proper containers, if any;
and any other matters deemed necessary to assure a safe and efficient
newspaper collection and recycling program.
A.
The person in charge of a multifamily building shall
designate a common area in which newspapers for recycling are to be
accumulated in such multifamily building.
B.
The person in charge of a multifamily building shall
be responsible for the placement of newspapers for collection and
recycling in accordance with regulations of the Commission.
C.
The placement of newspapers by a tenant of a multifamily
building in an area other than the common area designated by the person
in charge shall be deemed a violation of this article by such tenant
and not by the person in charge, provided that the person in charge
shall have properly designated a common area and shall have given
the tenant notice thereof.
A.
Newspapers shall not be placed in containers holding
other refuse for collection and disposal by the Commission.
B.
Materials and objects other than newspaper shall not
be mixed with newspaper which has been left for collection and recycling
by the Commission or its designee.
C.
Upon placement of newspapers for collection and recycling pursuant to the requirements of § 241-3, no person other than the person in charge of the building or the Commission or its designee shall remove or disturb such newspaper. Nothing in the preceding sentence shall limit any prohibitions or responsibilities set forth elsewhere hereunder.
A.
The Commission may, in its discretion, grant exemptions
from the provisions of this article on a case-by-case basis. In granting
exemptions, the Commission shall give due consideration at least to
the following factors, as relevant, in relation to the particular
responsibility under this article sought to be relieved:
(1)
Any physical or mental disability of the party seeking
relief.
(2)
Evidence that the party seeking relief from any economic
burden which may be imposed hereunder, such as the mandatory purchase
of or placement of a deposit upon a recycling container, would be
unduly burdened by such economic burden.
B.
Relief hereunder shall be granted upon such terms
and conditions as the Commission may consider just.
This article shall be implemented in accordance
with the following schedule:
A.
Beginning not less than 30 days from the effective
date of this article, the Commission or its designee shall conduct
random inspections of containers holding refuse for collection and
disposal in order to detect any instances of noncompliance with this
article.
B.
If, within 120 days of the effective date of this
article, any person places newspaper in a container holding other
refuse for collection and disposal, the Commission shall issue warnings
to such persons explaining the penalties to which person may become
subject upon the discovery of continuing noncompliance. Such warnings
may be personally delivered by the Commission or posted to the address
where the noncompliance was detected by United States Mail. In addition,
the Commission may place adhesive warning labels on the containers
in which newspaper was illegally placed.
A.
Where newspaper is placed in a refuse container intended
for collection and disposal, the Commission or its designee may, in
its discretion, decline to collect any and all of the contents of
such container and shall leave a notice with the container noting
the Commission's or its designee's action. In the event that the Commission
or its designee declines to collect under this provision, it shall
be the responsibility of the person in charge at the collection point
to remove said newspaper from such container prior to subsequent general
refuse collection.
B.
Where materials other than newspaper are left for pickup as newspaper in accordance with § 241-3, the Commission or its designee may, in its discretion, decline to collect any and all of the contents of such container and shall leave a notice with the container noting the Commission's or its designee's action. In the event that the Commission declines to collect under this provision, it shall be the responsibility of the person in charge at the collection point to remove all materials other than newspaper from the container prior to subsequent newspaper collection.
C.
Any violation of this article shall constitute a violation
and be punishable by a fine of up to $250 for each such violation
or by imprisonment for the third and each subsequent offense within
a one-year period not to exceed 15 days, or both.
D.
Any person violating the provisions of this article
may be required by the Commission to use clear plastic bags as prescribed
by the Commission for refuse to be left for collection and disposal
for a period not to exceed one year.
In the event the provisions of this article
and the provisions of another ordinance or local law are in conflict,
this article shall supersede said conflicting ordinance or local law.
A.
Nothing in this article shall be construed to prohibit
the retention of newspapers by any person.
B.
Nothing in this article shall be construed to prohibit
any person from dropping off newspaper at a recycling facility designated
by the Commission.
C.
Nothing in this article shall be construed to prohibit
any person from transferring newspaper privately through sale or gift,
provided that in no event shall such newspaper be left at the curb
for any private pickup.
[Adopted 10-20-1997 by L.L. No. 3-1997[1]]
[1]
Editor's Note: This local law superseded former Ch. 120, Garbage, Rubbish and Refuse, adopted as follows: Art. I, General Provisions, 10-15-1962 as Sec. 815 of the Revised General Ordinances, as amended through 8-4-1975, and as further amended; Art. II, Public Garbage Receptacles, 2-25-1991 by L.L. No. 1-1991.
It is the purpose of this article to promote
the orderly collection of solid waste and the recycling of certain
materials and to comply with § 120-aa of the General Municipal
Law of the State of New York as enacted in Section 23 of the Solid
Waste Management Act of 1988, Chapter 70 of the 1988 Laws of New York
State.
As used in this article, the following terms
shall have the meanings indicated:
Any enclosed structure having a roof and intended to be used
for residential, commercial, industrial, social and/or institutional
purposes.
Stoves, refrigerators, dishwashers, dryers, washing machines,
air conditioning units, boilers, freezers, water tanks, lawn mowers,
metal window and door frames, other large metal appliances and any
other items as may be determined from time to time by the Commission.
Furniture, including but not limited to beds, mattresses,
chairs, tables, rugs and carpets, wood, windows, linoleum, books and
any other items as may be determined from time to time by the Commission.
The Larchmont-Mamaroneck Joint Garbage Disposal Commission.
Concrete, masonry, wood, plaster, aluminum or other siding
material, wire, asphalt, ceramic tiles, Sheetrock, stones, bricks,
clay pipes, concrete pipe, window panes, dirt, tree stumps and other
by-products of new construction activity, renovation or rebuilding
or other modification to a structure, appurtenances and grounds (other
than yard waste) and any other items as may be determined from time
to time by the Commission.
A building containing three or more dwelling units.
A building used for more than one use (e.g., residential,
commercial, industrial and/or institutional).
Residential, commercial and industrial waste that readily
decomposes and other waste material routinely produced, such as food
waste (food remains and containers), and refuse and residue which
are collected by the Commission or Commission contractors. The term
does not include bulky metals, bulky waste, demolition debris, newspaper,
recyclables or yard waste.
Clean, postconsumer newspapers, including inserts. The term
does not include newspaper which has been used for purposes inconsistent
with recycling, including but not limited to the wrapping of putrescible
materials, packaging or painting. The Commission may, in its discretion,
further restrict the character of newspaper included in the term "newspaper."
A building used for commercial, industrial, social or institutional
purposes.
Any individual, firm, company, association, society, corporation,
partnership or any other legal entity.
The owner, lessee or occupant of a building and, in the case
of a multiple-occupant building, the term shall mean, at the option
of the Village of Larchmont, the owner or the party so designated
by the owner.
A building containing only one or two dwelling units.
[Amended 1-21-2021 by L.L. No. 1-2021]
Such items as may be determined to be such from time to time
by the Commission and may include such items as cardboard, paper,
newspaper, glass, metals and plastics.
[Amended 1-21-2021 by L.L. No. 1-2021]
Each separate dwelling within a multifamily dwelling, private
dwelling or multiple-purpose building and each separate premises within
a nonresidential building or multiple-purpose building. For example,
in a building containing several stores and several apartments, each
store is a service unit, and each apartment is a service unit; in
a two-family house, each of the two dwellings is a separate service
unit. A premises containing more than one building but operated as
one entity shall be a single service unit.
All waste, refuse and residue collected and disposed of by
municipal or private collection.
Such materials as shall be determined from time to time by
the Commission and may include such items as brush, tree branches,
twigs, grass and shrub clippings, weeds and leaves.
A.
Every person in charge within the Village of Larchmont
is required to store the solid waste that may accumulate on the premises
over which he/she has charge in the type of solid waste container
required by this article. All containers shall be stored in the manner
required by the Village of Larchmont or the Commission.
[Amended 1-21-2021 by L.L. No. 1-2021]
B.
Unless otherwise determined by the Village of Larchmont
or the Commission, solid waste to be collected from private dwellings
shall be placed in watertight, sturdy plastic containers having tight-fitting
plastic covers and a capacity not greater than 64 gallons. The weight
of any such container plus its contents cannot exceed 100 pounds.
No portion of any such container shall be located below the surrounding
grade level. Solid waste shall not be placed out in plastic bags.
Material which is too large to be placed in containers shall be bundled
and securely tied. Such bundles shall not exceed four feet in length.
Any tree branches included in such bundles shall not exceed six inches
in diameter. No bundle shall exceed 75 pounds in weight.
[Amended 1-21-2021 by L.L. No. 1-2021]
C.
The Commission or the Village of Larchmont may require
multifamily dwellings, multiple-purpose buildings or nonresidential
buildings to use watertight, sturdy plastic containers having tight-fitting
plastic covers and a capacity not greater than 96 gallons or specific
metal containers, such as dumpsters. Such containers shall be located
in enclosures which shall screen them from view. Such enclosures:
[Amended 1-21-2021 by L.L. No. 1-2021]
(1)
Shall be constructed of stockade fence material with
hinged gates and with latches to hold the gates closed;
(2)
May be constructed of other material with the approval
of the Village of Larchmont Board of Architectural Review; and
(3)
Shall
have a height of the greater of five feet or 12 inches higher than
the containers which they enclose.
D.
Prior to construction of any enclosure, a fence permit
must be obtained from the Building Department of the Village of Larchmont.
E.
The owner of any building which, prior to December
31, 1986, had an enclosure to house all the containers which are required
to be enclosed hereunder shall not be required to erect a new enclosure
even if the existing enclosure does not meet all of the specific requirements
of this article, provided that the existing enclosure does screen
the containers from view.
A.
The person in charge shall cause recyclables to be
separated from solid waste.
B.
The person in charge shall place all material intended
for collection by the Commission or the Village of Larchmont where
it will be readily accessible for collection as follows:
(1)
Solid waste to be collected from private dwellings
shall be placed immediately adjacent to the curb in front of the dwelling.
It shall be placed to the house side of the curb, not in the street.
If there is no curb, it shall be placed on the edge of the property
adjacent to the paved area of the street, but not in the street. Solid
waste shall be set out for collection no earlier than dusk of the
day before a scheduled collection day and no later than 6:30 a.m.
(prevailing time) on a scheduled collection day.
[Amended 1-21-2021 by L.L. No. 1-2021]
(2)
Municipally collected solid waste of multifamily dwellings,
multiple-purpose buildings and nonresidential buildings shall be left
for collection in accordance with the regulations of the Commission.
(3)
Other material collected by the Commission or the
Village of Larchmont shall be placed on the curb (or if no curb, on
the edge of the property adjacent to the paved area of the street
or roadway, but not in the street or roadway) readily accessible to
the collection vehicle. Such material shall be set out for collection
no earlier than dusk of the day before a scheduled collection day
and no later than 6:30 a.m. (prevailing time) on a scheduled collection
day. If collection vehicles are required to enter private property
for collection of material, such entry will be at the sole risk of
the property owner.
[Amended 1-21-2021 by L.L. No. 1-2021]
(4)
Recyclables shall be placed in containers purchased
from the Commission or in other containers approved by the Commission.
The containers shall be placed to the building side of the curb, not
in the street. If there is no curb, they shall be placed on the edge
of the property adjacent to the paved area of the street, but not
in the street. Recyclables shall be set out for collection no earlier
than dusk of the day before a scheduled collection day and no later
than 6:30 a.m. (prevailing time) on a scheduled collection day.
[Amended 1-21-2021 by L.L. No. 1-2021]
(5)
There shall be no collection from any building where
snow and ice has not been cleared from access pathways or driveways.[1]
[1]
Editor's Note: Former Subsection B(6), which prohibited placing
material for collection prior to sundown of the day preceding collection,
which immediately followed, was repealed 1-21-2021 by L.L. No. 1-2021.
A.
The person in charge of a multifamily dwelling, multiple-purpose
building or nonresidential building shall designate a common area
on the building premises in which solid waste is to be accumulated.
B.
The person in charge of a multifamily dwelling, multiple-purpose
building or nonresidential building shall be responsible for the placement
of solid waste for collection in accordance with regulations promulgated
from time to time by the Commission and the Village of Larchmont.
C.
The placement of solid waste by a lessee of a multifamily
dwelling, multiple-purpose building or nonresidential building in
an area other than the common area designated by the person in charge
shall be deemed a violation of this article by such lessee and not
by the person in charge, provided that the person in charge shall
have properly designated a common area and shall have given the lessee
adequate notice thereof.
Owners and occupants of multifamily dwellings,
multiple-purpose buildings and nonresidential buildings whose solid
waste is not collected and disposed of by the Commission shall provide
for the collection of solid waste and shall also separate recyclables
from other solid waste. The recyclables shall be collected by the
Commission in accordance with the rules and regulations of the Commission.
Yard waste shall be collected and disposed of
in accordance with the rules and regulations of the Commission and
the Village of Larchmont.
Bulky metals shall be collected and disposed
of in accordance with the rules and regulations of the Village of
Larchmont.
Bulky waste shall be collected and disposed
of in accordance with the rules and regulations of the Commission
and the Village of Larchmont.
A.
Quantities to be collected are limited as follows:
(1)
The equivalent of no more than three sixty-four-gallon
containers of solid waste shall be collected from each private dwelling
each collection day.
[Amended 1-21-2021 by L.L. No. 1-2021]
(2)
Yard waste. Bundled, tied or containered yard waste
not exceeding the equivalent of three thirty-gallon containers shall
be collected from each service unit once each week. Trimmings, tree
branches and logs may not exceed four feet in length and six inches
in diameter.
(3)
Bulky waste. The equivalent of no more than one yard
of bulky waste shall be collected from each service unit once each
week. The Commission shall have the authority to decline to collect
certain bulky waste according to the Commission's ability to collect
and/or dispose of such bulky waste. Wood pieces may not exceed four
feet in length and six inches in diameter. In the event that bulky
waste is declined for collection, the waste must be removed from the
curb within 24 hours of receipt of a notice of refusal.
(4)
Leaf removal. During the fall season, leaves must
be placed on the curb (or if no curb, on the edge of the property
adjacent to the street or roadway but not in the street or roadway)
and will be collected in bulk in accordance with a schedule determined
by the Commission. At all other times, leaves must be bagged for curbside
collection.
(5)
Christmas trees. Such trees shall be placed on the
curb (or if no curb, on the edge of the property adjacent to the paved
area of the street or roadway but not in the street or roadway) and
will be collected in January of each year. Christmas trees are exempted
from the dimension requirements for yard waste.
B.
The following materials will not be collected:
(1)
Medical waste materials.
(2)
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.
(3)
Demolition debris.
(4)
Waste products not accepted by the County of Westchester
according to its regulations.
C.
The Commission will collect on scheduled days, in
accordance with its rules, amounts of solid waste according to the
limitations set forth in this article. Waste in excess of the amounts
set forth in this article must be removed or caused to be removed
by the person in charge.
A.
Any resident of the Village of Larchmont may deliver
or dispose of solid waste, bulky waste, yard waste or recyclables
at the Commission transfer station in accordance with Commission limitations,
rules and regulations. Only waste generated from within the Village
of Larchmont will be accepted at the transfer station.
B.
Subject to the approval of the Village of Larchmont,
the Commission may establish fees for the delivery and/or disposal
of such items at the transfer station.
C.
The delivery or disposal of waste at the transfer
station is subject to the rules and regulations of the Commission.
A.
Recyclables shall not be placed in containers holding
other solid waste.
B.
Materials and objects other than recyclables shall
not be mixed with recyclables which have been left for collection.
C.
Upon placement of solid waste for collection pursuant
to the requirements of this article, no person other than the person
in charge or the Commission or its designee (or a private carter with
respect to buildings whose solid waste, or any portion thereof, is
not collected and disposed of by the Commission) shall remove or disturb
such solid waste. Nothing in the preceding sentence shall limit any
prohibitions or responsibilities set forth elsewhere hereunder.
[Amended 1-21-2021 by L.L. No. 1-2021]
If a person in charge of a private dwelling satisfies the criteria for exemptions from the requirements of § 241-14B(1), (3) or (4) of this chapter, as set forth from time to time by the Commissioners of the Larchmont-Mamaroneck Joint Garbage Disposal Commission, the Superintendent shall grant such exemption upon such terms and conditions as may be considered just. Any such exemption must be renewed every two years.
The Commission and the Village of Larchmont
may promulgate such regulations as they deem necessary to effect the
provisions of this article. Any regulations promulgated by the Commission
which will directly impact the residents of the Village of Larchmont
shall be subject to the approval of the Village of Larchmont Board
of Trustees.
No person shall, within the Village of Larchmont,
drop, deposit or otherwise dispose of any refuse in any public place,
except within containers provided by the Village of Larchmont.
Each day, except Sundays and legal holidays,
the sidewalk of each business establishment shall be swept clean prior
to 10:00 a.m., and such material shall not be swept into the roadway
but shall be placed in containers as required by local law and regulation.
Each store occupant (i.e., the on-premises supervisor of the business
being conducted at the store) is responsible for keeping the sidewalk
in front of his store clean during business hours.
No person shall, within the Village of Larchmont,
allow, permit or cause to exist any unsanitary or filthy condition
in or about any premises owned and/or used or occupied by such person.
A.
No person shall place or cause to be placed in any
public garbage receptacle in the Village of Larchmont any bag, the
largest side dimension of which exceeds 10 inches by 15 inches, which
contains any objects within it.
B.
No person shall place or cause to be placed in any
public garbage receptacle any box with a capacity in excess of 350
cubic inches. Discarding of such boxes in public receptacles is prohibited
even if they are crushed, compacted, cut up or torn up.
D.
No person shall deposit in any public garbage receptacle
any household garbage, such as containers which are emptied prior
to being moved from the household, wrapping or packaging which was
removed within the household from the object(s) wrapped or packaged.
E.
No person operating or employed by a commercial or
industrial establishment shall place any garbage emanating from the
commercial or industrial establishment in any public garbage receptacle.
A.
Where recyclables are mixed with other municipally
collected solid waste in a container intended for collection and disposal,
the Commission or its designee may, in its discretion, decline to
collect any and all of the contents of such container and may leave
a notice with the container noting the Commission's or its designee's
action. In the event that the Commission or its designee declines
to collect under this provision, it shall be the responsibility of
the person in charge at the collection point to remove said recyclables
from such container prior to subsequent collection.
B.
Where materials other than recyclables are left for
pickup as recyclables in accordance with this article, the Commission
or its designee may, in its discretion, decline to collect any and
all of the contents of the container and may leave a notice with the
container noting the Commission's or its designee's action. In the
event that the Commission declines to collect under this provision,
it shall be the responsibility of the person in charge at the collection
point to remove all materials other than recyclables from the container
prior to subsequent collection.
A.
Any violation of this article shall be punishable
by a fine of up to $250 for each such violation or by imprisonment
for the third and each subsequent offense within a one-year period
not to exceed 15 days, or both.
B.
Any person violating the provisions of this article
may be required by the Commission to use clear plastic bags as prescribed
by the Commission for municipally collected solid waste to be left
for collection and disposal for a period not to exceed one year.
In the event that the provisions of this article
and the provisions of another ordinance or local law are in conflict,
this article shall supersede said conflicting ordinance or local law.
Should a court of competent jurisdiction declare
any provisions of this article invalid, such declaration of invalidity
shall not affect any other provision of the chapter.
A.
Nothing in this article shall be construed to prohibit
the retention of recyclables by any person.
B.
Nothing in this article shall be construed to prohibit
any person from dropping off recyclables at a recycling facility designated
by the Commission.
C.
Nothing in this article shall be construed to prohibit
any person from transferring recyclables privately through sale or
gift, provided that in no event shall such recyclables be left at
the curb for any private pickup.
D.
Nothing in this article shall be construed to prohibit
the private composting of yard waste by any person on his own property,
provided that all other laws, rules and regulations with respect thereto
are complied with.
