[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-14-1992 by L.L. No. 3-1992]
This article shall be known as the "Waste Disposal Law of the Village of Atlantic Beach."
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
As used in this article, the following terms shall have the meanings indicated:
- The residue from the burning of wood, coal, coke or other combustible materials.
- COLLECTION VEHICLE
- A vehicle designed, built and used for the purpose of collecting refuse.
- COMMERCIAL AREA
- Any area where business, industry, 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 paper, cardboard, wood, excelsior, cloth, food cans, glass food containers and bottles.
- Garbage, refuse 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.
- NEWSPAPER OR NEWSPAPERS
- Newsprint, noncoated paper sold or distributed at regular or irregular intervals to convey or report news, opinions, advertisements or other matters of public or private interest, but excluding all magazines, books, other periodicals, brochures, posters, cardboard, boxes, containers and other paper products of any kind or nature whatsoever.
- To pick up, collect, load or otherwise perform collection of refuse.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PROPERTY
- Any property other than that used as a public highway.
- RECYCLABLE MATERIAL
- Nondeposit glass and metal food jars and cans, metal containers and all other similar nondeposit containers, but not inclusive of aerosol cans, decorative glassware, drinking glasses, light bulbs, home or auto glass, paint cans and containers used for toxic or hazardous substances, as well as lids and caps from glass containers.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish and ashes.
- RESIDENTIAL AREA
- An area primarily zoned and occupied for residential purposes.
- Nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes, such as yard clippings, metals, wood, glass, bedding, crockery and similar materials.
- STREET AND SANITATION COMMISSIONERS
- Those members lawfully appointed by the Board of Trustees.
- The incorporated area of the Village of Atlantic Beach. Where the word "village" is used in the title of any section hereof, the definition is applicable to the entire section.
The owner, lessee, tenant or other person having the management or control of or occupying any building lot, structure or plot of land in the Village of Atlantic Beach, shall keep such building, structure or land at all times free and clear of any accumulation of ashes, rubbish, refuse, grass cuttings, leaves, garbage, waste materials, offal or any offensive substances except such as are deposited in containers or are otherwise secured as provided for in this article for the collection and disposal by the Village of Atlantic Beach or its contractor as provided for in this article.
No person shall deposit, throw, cast or bury ashes, rubbish, refuse, grass cuttings, tree cuttings, leaves, garbage, waste material, offal or any offensive substances on any vacant lot or plot of land in the Village of Atlantic Beach.
Litter baskets and dumpsters. The Street and Sanitation Commission shall place on sidewalks, parking areas, or any other public place, litter baskets as may be required in the interest of the Village of Atlantic Beach. No person shall deposit in such litter baskets or dumpsters volumes of refuse accumulated from within private property, which refuse must be placed in regular refuse receptacles for collection.
[Amended 3-8-2004 by L.L. No. 1-2004]
[Amended 4-14-1997 by L.L. No. 8-1997; 2-9-1998 by L.L. No. 1-1998]
All refuse accumulated on residential properties in the village shall be collected, conveyed and disposed of by the village or its contractor or licensee.
Streets and highways. This article shall not prohibit any person engaged in the occupation or business of landscaping, landscape contracting, landscape gardening, general building construction or demolition, from performing such occupation or conducting of such business without benefit of a private refuse collection license hereinafter provided, within the Village of Atlantic Beach; provided, however, that such persons shall be duly licensed by the Village of Atlantic Beach to perform, function and operate vehicles as may be incidental to such occupation or business in such a manner as to prevent the discharge or littering of materials relating to said business or occupation upon property, public or private, or upon any public highway in the Village of Atlantic Beach.
Refuse, garbage, ashes and rubbish.
Refuse, garbage, ashes and rubbish shall be placed and maintained in containers.
It shall be the duty of every owner, lessee, tenant or any person having the management or control of or occupying any land, structure or building to provide for the exclusive use of such land, structure or building or part thereof, sufficient receptacles to hold garbage, ashes and rubbish in receptacles ordinarily accumulated by the occupants of such land, structure or building during 48 consecutive hours subject to the other sections of this article. Any waste material other than garbage, which cannot be readily deposited in any receptacles, may be compacted and securely bundled, tied or packed so as to be easily handled, but not weighing more than 75 pounds and not likely to be scattered, and when packed and secured, may be placed alongside such a receptacle.
Such receptacles, provided for in Subsection A(1)(a) of this section shall be watertight, kept covered with a cover and maintained in a sanitary condition by periodic cleaning. Such receptacles shall not exceed thirty-gallon capacity, and when filled not exceed 50 pounds in total weight nor measure more than three feet in length.
Such receptacle containing garbage or rubbish shall be free of water or wetter materials.
Duty to provide and maintain in sanitary condition. Refuse containers shall be provided by the owner, tenant, lessee, or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this article or that may have ragged or sharp edges, or no handle, or any other defect liable to hamper or injure the person collecting the contents shall be promptly replaced upon notice. The village or its contractor shall have the authority to refuse collection for failure to comply herewith.
Garbage, ashes, glass, metal and rubbish. Receptacles shall be containers commercially manufactured for that purpose, equipped with suitable handles and tight fitting covers, and be watertight. Glass and metal, except for recyclable materials, all china and earthenware shall be placed in separate containers and exposed to view to prevent injury in handling metal scrap, and other nonburnable material shall be kept separate from rubbish. Ashes must be kept in suitable metal cans and unmixed with garbage or rubbish.
Newspaper or newspapers and recyclable materials.
It shall be unlawful for any person, owner, lessee or occupant of any residential dwelling with the village to mix, mingle, commingle, place or deposit any newspaper or recyclable material with or as part of any garbage, refuse, rubbish or outdoor or outside rubbish. Recyclable materials shall be placed and kept in separate receptacles.
All newspapers shall be separated and kept apart from garbage, refuse, rubbish, outdoor rubbish or outside rubbish, and such newspapers shall be securely tied or bound in bundles weighing not more than 25 pounds each or not exceeding 12 inches in height with rope, cord or wire of sufficient strength to enable such bundle to be lifted by such taping or binding material. All recyclable material shall be placed in separate recycling containers or such containers that are designated solely for recyclable materials.
Such bundles of newspapers and such recycling containers shall be placed at the curb of the dwelling immediately adjoining the driveway thereof no earlier than 5:00 p.m. of the day prior to collection and not later than 6:30 a.m. of the collection day and shall not be permitted to so remain after the collection day.
Such bundles of newspapers and recycling materials shall be collected by the village or by any contractor employed by the village to collect the same.
The Board of Trustees shall, by resolution, designate days for the collection of such newspaper bundles and recyclable material for each locality within the village. Such designated days shall thereafter be the collection days for such newspaper bundles and recyclable material unless the Board of Trustees shall, by further resolution, designate other or different days. Notice of collection days shall be promulgated to each dwelling. A notice of collection, whether contained in a single writing or notice or as part of any other writing or notice mailed to the dwelling, shall constitute good and sufficient notice and promulgation of the designated collection days.
Any garbage, refuse, rubbish, outdoor rubbish, outside rubbish or any other waste or other material which contains any newspaper or recyclable material will not be removed from any residential property within the village or by any contractor employed by the village.
No person, firm or corporation other than the owner, lessee or any occupant of the residential dwelling or an employee of the village or any contractor employed by the village for the removal of newspaper and recyclable materials shall pick up, remove, destroy or interfere with any bundle of any newspaper or recyclable materials, or any part thereof, if the same shall have been deposited at the place designated under Subsection B(3) hereof.
Editor's Note: Former Subsection (8), regarding beach clubs, was deleted 2-9-1998 by L.L. No. 1-1998.
Commercial establishments and hotels. All commercial establishments, hotels and beach clubs shall place their rubbish and building materials in metal leach-type containers or dumpsters.
No person shall cause or suffer or allow any garbage, refuse, waste material, rubbish, hedge, garden or lawn clippings, weedings, parts of trees, shrubs or plantings, fallen or dead leaves or any animal, mineral or vegetable waste matter or material to be burned or incinerated in or upon any public or private property or premises or in or upon any building, structure or device located in or upon any property or premises within the village.
The provisions of this section shall not apply to the burning of material by any agency of the village when such burning is done under the supervision of the officials in charge of such agency.
The village or its contractor shall make collections in the entire village of all garbage, rubbish, litter, refuse, ashes on Monday, Wednesday, Friday (Thursday recycle only) from October 1 to May 31, including holidays excepting Christmas or at such other times as the village or its contractor shall agree and New Years in each year during the hours of 7:00 a.m. and 3:00 p.m.
[Amended 4-14-1997 by L.L. No. 8-1997]
The village or its contractor shall make collections in the entire village of all garbage, rubbish, litter, refuse, ashes on Monday, Wednesday, Friday and Saturday (Thursday recycle only) from June 1 to September 30 including holidays or at such other times as the village or its contractor shall agree in each year during the hours of 7:00 a.m. and 3:00 p.m.
[Amended 4-14-1997 by L.L. No. 8-1997]
Editor's Note: This local law also deleted former Subsection C, regarding collections at beach clubs and hotels.
Building contractors, painters and floor- and rug-covering firms must remove any waste generated by their work.
Refuse from buildings under construction or being altered will not be collected as part of the village collection service.
All garbage, rubbish, litter, refuse and ashes shall be placed for collection in a visible and accessible area near the curb and within 10 feet of the curb and where there is no curb, on that area adjacent to the bed of the street and within 10 feet of the street, and shall be put out for collection not before 6:00 p.m. of the night before the collection day. When there is a snowfall in excess of four inches, a path must be cleared from the street to the receptacles.
All beach clubs, business and commercial areas shall place for collection rubbish, garbage, ashes, refuse, litter in a visible and accessible area as may be designated by the Village Board.
[Amended 2-9-1998 by L.L. No. 1-1998]
Metal drums, explosive and flammable materials, waste oil or liquids, aerosol cans, decorative glassware, drinking glasses, light bulbs, home or auto window glass, mirrors, paint cans and containers used for toxic or hazardous substances shall be deposited by the owner, lessee or occupant of each residence within the village in the Town of Hempstead's designated facility, or at such other designated disposal facility.
It shall be unlawful to dispose of any refuse collected within the Village of Atlantic Beach at any location other than that so designated by the Village Board.
Garbage collection vehicles shall be completely enclosed and watertight.
Rubbish collections vehicles wherein no garbage is transported may be of an open refuse collection type, provided such vehicle is fitted with a suitable canvas or other cover to prohibit any material from it being discharged while vehicle is in transit.
Collections are to be made in such manner as not to permit debris, litter and the like, from the collection procedure, to fall upon property, public or private, or upon any highway within the Village of Atlantic Beach.
Vehicles designed or known as rear loaders, or rear load packers, shall be completely closed in transit, either by use of the exterior closing door fitted as part of a body style or by the use of the closing mechanism in those units not having as a standard or an accessory, a separate exterior door.
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.
Collection vehicles shall be subject to inspection at any time by authorized representatives of the Board of Trustees and the Streets and Sanitation Commission, for the purpose of enforcement of this article. All persons or their employees shall be required to give aid and cooperation when required by such personnel in the performance of the enforcement of this article.
Collection vehicles shall be kept clean and sanitary both inside and out.
All vehicles shall be properly identified by the person operating such vehicles, including name and address.
The Streets and Sanitation Commission shall be empowered to enforce the prohibitions and regulations under all sections of this article, subject to Village Board direction.
[Amended 4-14-1997 by L.L. No. 8-1997; 2-9-1998 by L.L. No. 1-1998]
The violation of any provision of this article shall be an offense against the article, which shall be punishable by a fine of not more than $500 or imprisonment for a period not exceeding 15 days for such offense, or by both fine and imprisonment, and each day of such violation shall be permitted to exist shall constitute a separate offense.
In case any owner and/or occupant of land in the village fails to comply with the provisions of this article, the Village Clerk shall cause to be served upon him by mail a written notice requiring such owner and/or occupant to comply with such provisions.
If such owner and/or occupant fails, neglects or refuses so to comply within five days after service of such notice, the Village Clerk may cause the removal of such garbage, rubbish, outdoor or outside rubbish and/or recyclable materials.
In such case, such owner and/or occupant shall pay to the village all costs in connection with this within 30 days after the completion thereof.
Upon the failure of such owner and/or occupant so to pay such costs, the Village Clerk shall certify such costs to the Assessors of the village, and thereupon the total costs thereof may be assessed upon the real property upon which such garbage, rubbish or outdoor or outside rubbish or recyclable materials is found and shall constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes and shall bear interest at the same rate as uncollected taxes.
The provisions of this section with respect to costs shall be in addition to any penalty imposed by this Code for violation or noncompliance with any provisions of this article.
[Adopted 3-11-1996 by L.L. No. 1-1996; amended in its entirety 1-11-1999 by L.L. No. 1-1999]
As used in this article, the following terms shall have the meanings indicated:
- DUMPSTER, WASTE CONTAINER OR ROLL-OFF CONTAINER
- Any container used in the normal course of demolition or construction for the purpose of storing, containing and/or carting debris of any kind, or any container employed for garbage or refuse collection, including that provided by a garbage or refuse service for commercial or mass storage of garbage and refuse, where the volume of the same shall exceed 55 gallons.
Except as otherwise herein provided, no dumpster, waste container or roll-off container shall be placed upon any sidewalk, street or other public place within the village, of upon private property within the village, unless a permit shall first have been obtained and a fee as set forth, from time to time, by resolution of the Board of Trustees shall have been paid to the village therefor. Upon application, the size and number of dumpsters to be required, and the site at which they shall be placed, shall be determined by the Commissioner of Sanitation.
Editor's Note: The current fee schedule is on file in the village offices.
[Amended 12-13-2004 by L.L. No. 3-2004]
Every permit obtained for a dumpster, waste container or roll-off container shall expire within 30 days or 90 days after the date of issuance; a new permit may be obtained upon application with payment of additional fees. Where a building permit has been issued and a dumpster or roll-off permit shall have been issued in connection with the construction upon the same property, in the event of the expiration or cancellation of the building permit, the permit for the dumpster shall expire simultaneously therewith.
No permit shall be required for any dumpster, waste container or roll-off container used for periodic garbage or refuse collection, which dumpster, waste container or roll-off container shall be maintained and stored as provided hereinafter. The size and number of dumpsters to be required, and the site at which they shall be placed, shall be determined by the Commissioner of Sanitation.
All periodic dumpsters, waste containers or roll-off containers shall be steam-cleaned every six months.
Dumpsters, waste containers or roll-off containers for periodic garbage collection shall be stored within an approved structure or in an approved, fenced-in and gated area, as shall be determined by the Trustees.
All periodic dumpsters, waste containers or roll-off containers, when not being loaded and unloaded, other than for construction, shall have covers and shall be closed.
In-ground refuse containers shall be maintained and replaced as required, with same-sized units. All refuse placed in in-ground containers shall be securely bagged and putrescent materials shall be contained in airtight containers. In-ground containers shall be securely closed at all times when not being filled or emptied.
All carters/solid waste operators must be licensed in the Village. Permits have a term of two years from date of issuance or such other term as may be established by the Board of Trustees prior to date of issuance, but in no event shall any resolution establish a term of more than four years. The fee shall be set forth from time to time by resolution by the Board of Trustees. There will be a ten-day grace period or the license will be subject to a late filing fee.
[Amended 12-13-2004 by L.L. No. 3-2004]
The following information is required to be submitted with the application:
The name and address of the applicant specifying:
In case of sole proprietorship, the name and address of said proprietor.
In case of unincorporated association or partnership, the name and address of each member or each partner.
In case of corporation, the name and address of each office and director of the corporation and a copy of the filing receipt and certificate of incorporation for the corporate enterprise.
If the applicant operates under a trade name or as a partnership, or both, a copy of the trade name certificate or partnership agreement duly certified.
The type and duration of actual experience in the collection and disposal of garbage, refuse and similar materials of the applicant.
The number of collection vehicles to be operated, with a copy of current registration and certificate of insurance, which states make, model, year, body type, weight and capacity.
The location of each terminal proposed to be used or actually used by the applicant for the storage of the licensed collection vehicles.
The name, address and telephone number of where the applicant or person in charge may be contacted 24 hours a day.
Collection permitted between the hours of 7:00 a.m. and 3:00 p.m.
A copy of a permit from a valid town, county or state agency indicating where legal disposal of garbage, refuse and similar materials will be taken.
Public liability, workers compensation and disability insurance certificates must be provided indemnifying the village in the amount of $2,000,000.
The street upon which any dumpster, waste container or roll-off container is to be placed must meet a minimum width requirement of 30 feet, curb to curb, unless permission is granted by the Board of Trustees.
The dumpster, waste container or roll-off container must be placed parallel to the curb with the street side of the container not more than eight feet six inches from the nearest curb adjacent to the container.
Dumpsters, waste containers or roll-off containers shall have a permanent installation of not less than 16 square feet of diagonal reflectorized stripping material at each end of the container facing opposing traffic and shall also have stenciled or otherwise printed thereon, in English letters at least two inches in height, the name, address and telephone number of the owner-lessor and the annual permit number issued to the owner-lessor.
The dumpster, waste container or roll-off container shall not obstruct any part of the sidewalk or the sidewalk areas adjacent to the street, and the contents thereof shall be emptied and disposed of upon reaching the container's water line.
The owner-lessor shall be responsible for the repair of any street, sidewalk and curb damage caused by the placement, movement or removal of any dumpster, waster container or roll-off container.
The Building Inspector shall receive prior notice of at least 48 hours through a written or verbal communication from the owner-lessor before a dumpster, waste container or roll-off container or dumpster is placed upon any village road.
The Building Inspector reserves the right to refuse the placement of any dumpster, waste container or roll-off container or the right to remove a dumpster, waste container or roll-off container from any street location if, in his sole judgment or discretion, he determines that the placement of any roll-off container at any street location shall constitute a public nuisance and a hazard because of contour, narrow width, traffic or highway conditions peculiar to the street at or near the proposed location.
No dumpster, waste container or roll-off container shall create an offensive odor, be a health hazard or become a nuisance; all refuse placed in a dumpster shall be securely bagged; putrescent garbage shall be placed in airtight bags.
Permission to place a dumpster, waste container or roll-off container on a village street shall be valid for 30 days. Said thirty-day period may be extended only by application to the Building Inspector. Failure to remove said container after the thirty-day period will be deemed a violation of this chapter.
All dumpsters, waste containers or roll-off containers must be covered.
[Amended 10-21-2013 by L.L. No. 3-2013]
Any person or persons, including the owner, lessee, managing agent or other person in control of or supervising property within the village upon or for which a dumpster, waste container or roll-off container is placed, who shall commit an offense against any provision of this chapter, shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of a violation of any provision of this chapter shall be deemed a separate violation for each successive week, and such person or persons may be punished for each such separate violation.