[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 4-17-1989 by L.L. No. 1-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Separation of recyclables from solid waste — See Ch. 71.
[1]
Editor's Note: This local law also repealed former Ch. 97, Recycling, Residential, adopted 10-19-1987 by L.L. No. 4-1987.
A. 
Whereas the conservation of recyclable materials is now a necessity in order to conserve natural resources, the cost of solid waste disposal is ever increasing and available landfill facilities are rapidly decreasing, it is the intent of the Board of Trustees of the Village of Sea Cliff to establish a program for the mandatory separation of recyclables from garbage and rubbish within the Village. Such a program will reduce both the amount of solid waste to be disposed of and the cost of disposal.
B. 
This chapter of the Code of the Village of Sea Cliff shall regulate the separation of recyclables by residents and establishments within the Village.
As used in this chapter, the following terms shall have the meanings indicated:
DEPOSIT RETURNS
Glass, metal or plastic containers used for the sale of beverages for which a deposit is required under New York State law.
ESTABLISHMENT
The owner, agent, landlord, tenant or occupant of commercial, industrial and institutional facilities. Establishments which contract for the private collection of refuse are excluded from the program.
RECYCLABLES
Discarded material which may be reclaimed, comprising solid waste in the form of paper, glass, metals and plastics, which may be further defined as follows:
A. 
Newspapers, clean and unsoiled, including newsprint, all newspapers advertisements, supplements, comics and enclosures only.
B. 
Corrugated material which is free of contaminants such as garbage, plastic and other foreign matter.
C. 
Glass consisting of clear, amber and green glass food containers. Milk bottle glass is excluded.
D. 
Metals consisting of ferrous and bimetal cans and aluminum cans.
E. 
Plastic containers used to hold food and beverages and household commodities.
RESIDENT
The owner, agent, landlord, tenant or occupant of any building or portion thereof used for residential dwelling purposes.
A. 
All recyclables shall be properly separated and not be placed in the same garbage can or mixed with other forms of solid waste for collection.
B. 
No deposit returns shall be placed in recycling containers for collection but rather shall be returned for redemption or delivered to the Village Recycling Facility.
C. 
Newspapers shall not be placed in containers with other recyclables. Rather, they shall be securely tied in bundles of less than 40 pounds each.
D. 
Corrugated material shall not be placed in containers with other recyclables but rather shall be broken down and securely tied in bundles not to exceed two feet by two feet by five feet and not to exceed 40 pounds.
E. 
All recyclables, excluding newspapers and corrugated material, shall be placed in one or more recycling containers provided for that purpose by the Village of Sea Cliff. In the event that the amount or size of the recyclables exceeds the capacity of the designated containers, the excess shall be placed in separate weatherproof containers alongside the designated containers for collection. The use of plastic bags for recyclables is not permitted.
F. 
All bottles and containers shall be rinsed clean of food, liquid and/or beverage residue and placed in the recycling container without any caps.
G. 
Ferrous and bimetal cans shall have their labels and one end removed and be rinsed clean of food residue.
H. 
It shall be unlawful for any person, other than designated Department of Public Works employees, to remove or dispose of recyclables once placed for collection. Each such removal in violation hereof shall constitute a separate and distinct offense.
I. 
Any resident or establishment may deliver recyclables to the Village Recycling Facility and place them in the designated containers.
A. 
Recycling containers will be provided by the Village of Sea Cliff. Such containers shall remain the property of the Village and must be kept in good and clean condition. Recycling containers shall not be used for any other purpose other than as described in this chapter. In the event that such containers are lost, damaged or stolen, additional containers shall be obtained from the Department of Public Works at a cost to be determined by resolution of the Board of Trustees.
B. 
Residents and establishments shall affix their respective street addresses to any recycling container provided to them by the Village of Sea Cliff by means of a waterproof marker or by other means with indelible ink.
The schedule for collection of recyclables shall be fixed from time to time by resolution of the Village Board of Trustees.
A. 
All residents and establishments shall comply with the provisions of this chapter. The Village shall not collect recyclables from the commercial, industrial or institutional facilities which contract for the private collection of refuse.
B. 
Where any recyclable is placed in an improper container or is not bundled or tied securely as hereinabove provided, the Village reserves the right to refuse to collect the item or material.
C. 
Recyclables and recycling containers shall be neatly placed for collection just inside the front property line of the premises, preferably near the driveway or such other location as will facilitate collection.
D. 
No recyclables shall be placed for collection at any time earlier than the evening before such collection is scheduled. All containers shall be promptly removed within a reasonable time after collection has been completed and shall be stored in a safe and sanitary location which will not create a visual nuisance to neighboring property owners.
E. 
No resident or establishment within the Village of Sea Cliff shall permit or cause any recyclables connected with such premises to become a hazard or potential hazard to public travel, health or safety or to become a nuisance of any sort.
F. 
In the event that a resident or establishment shall fail to separate or prepare recyclables for collection in accordance with the provisions of this chapter, the Village reserves the right to suspend the collection of all refuse and solid waste from such premises until the violation has been corrected.
G. 
The Village Board or its duly authorized agents shall be permitted, from time to time, to promulgate such other rules or regulations as may be deemed necessary to effectuate the intent of this chapter.
[Amended 9-21-2009 by L.L. No. 9-2009]
A person convicted of violating any provision of this chapter shall be guilty of a violation that is punishable as follows:
A. 
For a first offense, by a fine of $25.
B. 
For a second conviction of a violation occurring within one year of the first offense, by a fine of $100.
C. 
For a third conviction of a violation occurring within one year of the first offense, by a fine of $200.
D. 
For a fourth conviction of a violation occurring within one year of the first offense, by a fine of $500.
It shall be the duty of the General Foreman of Public Works or the Code Enforcement Officer to administer and enforce the provisions of this chapter.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.