[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."
A.
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.
B.
ASHES
COLLECTION VEHICLE
COMMERCIAL AREA
GARBAGE
LITTER
NEWSPAPER OR NEWSPAPERS
OPERATE
PERSON
PRIVATE PROPERTY
RECYCLABLE MATERIAL
REFUSE
RESIDENTIAL AREA
RUBBISH
STREET AND SANITATION COMMISSIONERS
VILLAGE
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.
A vehicle designed, built and used for the purpose of collecting
refuse.
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.
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.
Any property other than that used as a public highway.
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.
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.
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.
A.
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.
B.
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.
C.
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]
A.
All refuse accumulated on residential properties in
the village shall be collected, conveyed and disposed of by the village
or its contractor or licensee.
B.
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.
A.
Refuse, garbage, ashes and rubbish.
(1)
Refuse, garbage, ashes and rubbish shall be placed
and maintained in containers.
(a)
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.
(b)
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.
(c)
Such receptacle containing garbage or rubbish
shall be free of water or wetter materials.
(2)
Refuse containers.
(a)
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.
(b)
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.
B.
Newspaper or newspapers and recyclable materials.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.[1]
[1]
Editor's Note: Former Subsection (8), regarding
beach clubs, was deleted 2-9-1998 by L.L. No. 1-1998.
(8)
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.
A.
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.
B.
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.
A.
The Village or its contractor shall make collections
in the entire Village of all garbage, rubbish, litter, refuse, ashes
two days a week — Monday and Thursday from October
1 to May 31; bulk pickup and heavy metal — year round,
Thursday only; recyclables — Wednesday only year round,
including holidays, excepting Christmas, or at such other time as
the Village or its contractor shall agree, and New Year's in each
year during the hours of 7:00 a.m. to 3:00 p.m.
[Amended 4-14-1997 by L.L. No. 8-1997; 12-9-2019 by L.L. No. 5-2019]
B.
The Village or its contractor shall make collections
in the entire Village of all garbage, rubbish, litter, refuse, ashes
three days a week — Monday, Thursday and Saturday
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. to 3:00 p.m.
[1]
Editor's Note: This local law also deleted
former Subsection C, regarding collections at beach clubs and hotels.
C.
Building contractors, painters and floor- and rug-covering
firms must remove any waste generated by their work.
D.
Refuse from buildings under construction or being
altered will not be collected as part of the village collection service.
A.
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.
B.
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.
A.
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.
B.
Garbage collection vehicles shall be completely enclosed
and watertight.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
Collection vehicles shall be kept clean and sanitary
both inside and out.
I.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
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.[1] 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.
[1]
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.
A.
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.
B.
All periodic dumpsters, waste containers or roll-off
containers shall be steam-cleaned every six months.
C.
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.
D.
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.
A.
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]
B.
The following information is required to be submitted
with the application:
(1)
The name and address of the applicant specifying:
(a)
In case of sole proprietorship, the name and
address of said proprietor.
(b)
In case of unincorporated association or partnership,
the name and address of each member or each partner.
(c)
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.
(2)
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.
(3)
The type and duration of actual experience in the
collection and disposal of garbage, refuse and similar materials of
the applicant.
(4)
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.
(5)
The location of each terminal proposed to be used
or actually used by the applicant for the storage of the licensed
collection vehicles.
(6)
The name, address and telephone number of where the
applicant or person in charge may be contacted 24 hours a day.
(7)
Collection permitted between the hours of 7:00 a.m.
and 3:00 p.m.
(8)
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.
(9)
Public liability, workers compensation and disability
insurance certificates must be provided indemnifying the village in
the amount of $2,000,000.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
All dumpsters, waste containers or roll-off containers
must be covered.
[Amended 10-21-2013 by L.L. No. 3-2013]
A.
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.
B.
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.
