Village of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 2-14-1979 by L.L. No. 3-1979, effective 2-22-1979. (Local Law No. 3-1979 was included as Sec. 3 of Ch. 3 of the Unified Code of Ordinances.) Other amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 238.
Abandoned vehicles — See Ch. 322.
As used in this chapter, the following terms shall have the meanings indicated:
ASHES
The residue from the burning of wood, coal, coke or other combustible materials.
COMMERCIAL AREA OR ZONE
Any area classified as an O-1, C-1, C-2, MR, MC-1 or MC-2 District under the Zoning Ordinance of the Village of Mamaroneck,[1] or any area where any of the uses permitted in the aforesaid zones are in lawful operation.
[Amended 9-22-1986 by L.L. No. 12-1986, effective 9-29-1986]
DUMPSTER
A large trash receptacle for any material.
[Added 9-8-2003 by L.L. No. 5-2003, effective 9-22-2003]
GARBAGE
Wastes resulting from the handling, preparation, cooking and consumption of food; wastes from the handling, storage and sale of produce.
[Amended 9-22-1986 by L.L. No. 12-1986, effective 9-29-1986]
INDUSTRIAL AREA OR ZONE
Any area classified as M-1 under the Zoning Ordinance of the Village of Mamaroneck,[2] or any area where the principal permitted use of an M-1 Zone are in lawful operation.
[Added 9-22-1986 by L.L. No. 12-1986, effective 9-29-1986]
LITTER
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.
MULTIFAMILY DWELLING
A detached building containing four or more dwelling units.
NONRESIDENTIAL PREMISES
Commercial, industrial or institutional premises or a parcel of land containing five or more residential units.
[Added 9-22-1986 by L.L. No. 12-1986, effective 9-29-1986]
PERSON
Any person, employee, servant, agent, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE DWELLING
A detached building containing three dwelling units or fewer.
PRIVATE PROPERTY
Any property other than public highways, parks, parking lots and other publicly or municipally owned and/or maintained property.
PRIVATE REFUSE COLLECTION SERVICE
Any non-Village refuse collection service that collects and removes waste from dumpsters or similar containers.
[Added 9-8-2003 by L.L. No. 5-2003, effective 9-22-2003]
PUBLIC PLACE
All parks, parking lots and any municipally owned and/or maintained property, including the park, lawn and sidewalks surrounding the Village Hall.
RECEPTACLE
Containers of galvanized metal or other durable and nonflammable material for the storage of garbage. Such containers shall include but are not limited to trash cans, dumpsters or similar such containers.
[Added 9-22-1986 by L.L. No. 12-1986, effective 9-29-1986]
REFUSE
Combustible trash, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding; noncombustible trash, including but not limited to metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass crockery and other mineral waste; street rubbish, including but not limited to street sweepings, dirt, leaves, catch-basin dirt and contents of litter receptacles; and automobiles not having a current valid New York State motor vehicle inspection certificate, except currently registered out-of-state vehicles. "Refuse" shall not include earth and wastes from building operations, nor shall it include solid or chemical wastes resulting from industrial processes and manufacturing operations such as food-processing wastes, boiler-house cinders, lumber, scraps and shavings, nor shall it include recyclables as defined by the Westchester County Source Separation Law.
[Amended 9-22-1986 by L.L. No. 12-1986; effective 9-29-1986; 8-10-1992 by L.L. No. 5-1992, effective 8-18-1992]
RESIDENTIAL AREA OR ZONE
An area primarily classified as residential by the Zoning Ordinance of the Village of Mamaroneck[3] for residential purposes, or a building legally used as a residence, even if not in a residential district.
[Amended 9-22-1986 by L.L. No. 12-1986, effective 9-29-1986]
RUBBISH
Nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as but not limited to yard clippings, leaves, metals, wood, glass, paper, wrapping, cardboard, cigarettes, tin cans, bedding, rags, boxes, crockery and similar materials. Noncombustible "rubbish" does not include waste, waste building material or stones, nor does it include recyclables as defined by the Westchester County Source Separation Law.
[Amended 8-10-1992 by L.L. No. 5-1992, effective 8-18-1992]
SIDEWALK
That portion of a street between the curb-lines of a roadway and the adjacent property lines intended for the use of pedestrians.
STREET
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular travel.
VILLAGE
The Incorporated Village of Mamaroneck, Westchester County, New York.
YARD RUBBISH
Miscellaneous waste material, such as tree branches, brush, twigs, grass and shrub clippings, weeds, leaves and general yard and garden waste materials, but does not include earth or building materials or the part of any tree, shrub, tree trunk or stump which exceeds four feet in dimension, nor does it include recyclables as defined by the Westchester County Source Separation Law.
[Amended 8-10-1992 by L.L. No. 5-1992, effective 8-18-1992]
[1]
Editor's Note: See Ch. 342, Zoning.
[2]
Editor's Note: See Ch. 342, Zoning.
[3]
Editor's Note: See Ch. 342, Zoning.
A. 
Accumulation prohibited. The owner, lessee, contractor, tenant or other person having management or control of or occupying any lot or plot of land in the Village, excluding any location designated by the Board of Trustees of the Village of Mamaroneck or the Westchester County Department of Health for such purposes, shall keep such land, at all times, free and clear of any accumulation of garbage, refuse, rubbish, litter and waste or discarded matter of any type, including automobiles, except such as may be deposited for collection and disposal purposes as provided for herein. Upon due notice, in writing, by the Village Manager or the Police Department of the Village, given to such owner, lessee, contractor, tenant or other person to remove said accumulation of garbage, refuse, rubbish, litter and waste or discarded matter from said lot or parcel of land and upon failure to comply within a period of five days after the service of said notice, said owner, lessee, contractor, tenant or other person shall be deemed to have violated the provisions of this chapter. Notice shall be served by regular mail, in person or by leaving a copy thereof with a person of suitable age and discretion.
B. 
Dumping prohibited. No person shall dump, deposit, throw, place, cast or bury ashes, rubbish, yard rubbish, grass cuttings, tree cuttings, leaves, garbage, waste matter, offal or discarded matter of any type on any lot or plot of land in the Village, other than compost heaps such as may be utilized by a home gardener when stored on his own property and appropriately screened from view, provided that such compost heaps do not develop obnoxious odors, attract rodents or otherwise create a hazard to the health and enjoyment of neighboring property owners. Discarded matter shall include any junked or abandoned vehicle which is without a currently valid license plate and is in either a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative or abandoned condition.
C. 
Contents from vehicles prohibited. No person being the owner, driver or operator of any car or other vehicle, including construction vehicles, and no owner of any receptacle shall scatter, drop or spill or permit to be scattered, dropped or spilled any dirt, gravel, sand, clay, loam, stone or building rubbish or hay, straw, oats, sawdust, shavings or other light materials of any sort or manufacturing, trade or household waste, refuse or rubbish of any sort or ashes, manure, garbage or other organic refuse or other offensive matter therefrom or permit the same to be blown off therefrom by the wind upon any street or sidewalk or right-of-way or public place in the Village.
D. 
Liquid wastes on streets prohibited. No person shall allow any swill, brine or any offensive animal matter or any bad-smelling or noxious liquid or other matter of any kind contaminated with filth to run or fall into or upon any street, sidewalk, right-of-way or public place in the Village or be taken or put thereon.
E. 
Animals wastes on sidewalks and public places prohibited. No person owning or having the care, custody or control of any domestic animals, including cats, whether leashed or unleashed, shall permit such animal to soil, deface or commit any nuisance upon any sidewalk or public place in the Village.
All garbage, refuse, rubbish, litter and waste material of any type accumulated in the Village shall be collected, conveyed and disposed of under the supervision of the Village Manager or his designee, who shall have the authority to make regulations concerning the days of collection, type, size and location of disposal containers and such other matters pertaining to collection, conveyance and disposal as he shall find necessary. The Village Manager shall have the authority to change and modify any regulations after due notice to residents, merchants, operators of commercial establishments and any other persons so affected.
A. 
Garbage, ashes and rubbish shall be placed and maintained in containers or receptacles.
B. 
It shall be the duty of every person having the ownership, management or control of or occupying any land or building to provide, for the exclusive use of such land or building or part thereof, sufficient receptacles to hold garbage, ashes and rubbish ordinarily accumulated by the occupants of such land or building, each in separate receptacles, and allocate an area for storage of such receptacles in the interval between regular collections. Any waste material other than garbage, ashes and rubbish, which cannot be readily deposited in any receptacles, may be compacted and securely bundled, tied or packed so as to be easily handled but shall not weigh more than 75 pounds and not be likely to be scattered and, when packed and secured, may be placed at the curb on curb pickup days. Such packages or bundles should not exceed three feet in length.
[Amended 9-22-1986 by L.L. No. 12-1986, effective 9-29-1986]
C. 
Such receptacles shall not exceed 32 gallons' capacity and, when filled, shall not exceed 75 pounds in total weight. Each of such receptacles provided for in this chapter shall be commercially manufactured for the purpose, equipped with suitable handles, watertight, kept covered with a tight-fitting, flanged cover and maintained in good and sanitary condition and shall be free of water or wetted materials. Receptacles shall be protected at all times from rain or snow and from being disturbed, displaced or spread about by persons, animals or the elements. Provision must be made that debris is not scattered by wind. Residential areas are limited to three containers per any one dwelling unit. Commercial areas are limited to three containers per establishment.
[Amended 9-22-1986 by L.L No. 12-1986, effective 9-29-1986]
D. 
Any container or receptacle that does not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents shall be replaced promptly upon notice. The Village Manager shall have the authority to suspend collection for failure to comply herewith.
E. 
Refuse containers shall be placed in the sidewalk area immediately in front of the buildings in business districts at specified collection times. Refuse containers shall be placed at ground level in an accessible location at the side or rear of a dwelling or building in any residential district and of residences in commercial and manufacturing districts. During the winter, a path or a way must be cleared from the street to the location of the garbage containers. At all times other than collection times, receptacles must be stored out of public view on the owner's property. The Village Manager may authorize the removal of garbage and ashes from the receptacle storage areas, provided that such storage areas are readily accessible to the collection vehicle and collection in this manner will, in his opinion, result in a more expeditious removal of garbage and ash accumulation from such receptacles.
F. 
Objective. Trash containers, receptacles or dumpsters used for industrial, commercial and multifamily use must be enclosed and/or screened with a suitable material. This provision does not apply to temporary construction containers. Trash containers or receptacles used for one-family and two-family residences are regulated below in Subsection H (enclosure location) and in Subsection I (Enclosure review, approval and enforcement of compliance).
[Added 9-8-2003 by L.L. No. 5-2003, effective 9-22-2003]
G. 
Enclosure and screening material. An industrial, commercial and multifamily use enclosure shall meet the following requirements:
[Added 9-8-2003 by L.L. No. 5-2003, effective 9-22-2003; amended 7-15-2013 by L.L. No. 9-2013, effective 7-23-2013]
(1) 
The enclosure shall provide complete visual screening.
(2) 
The enclosure shall be compatible in material and color with the principal structure on the lot.
(3) 
The enclosure is to be a wall, solid fence or evergreen shrub screen (if the shrubs are spaced no more than three feet apart and meet the height requirement specified in Subsection G(7) below).
(4) 
The materials for an enclosure shall be wood, masonry, metal or concrete.
(5) 
The enclosure shall have gates or doors, with an appropriate mechanism for holding the doors open only during garbage pickup operations. If a private carter is used and that operator requires the property owner to have the access gates open for pickup, then the property owner will make necessary arrangements to have the gates open for no longer than from the night before collection (after 5:00 p.m.) until three hours after collection is done.
(6) 
The enclosure shall sit on a concrete pad, the construction of which shall meet or exceed the Village of Mamaroneck specifications for a concrete sidewalk at driveways (concrete entrance pad). (Refer to Village specifications for sidewalks.)
(7) 
The height of the enclosure and/or evergreen shrubbery shall be sufficient to block the view of the garbage receptacles from the view of adjoining properties, sidewalks and/or streets.
(8) 
The enclosure and/or screening shall be kept in good repair or condition, and all trash shall be kept only within the container and permit the lids on said container to remain completely closed at all times.
(9) 
The Planning Board or Building Inspector may also require a roof if the site is sloped and adjoining neighbors are at a higher elevation, making the containers visible.
(10) 
Notwithstanding the requirements set forth above, the Building Inspector or Planning Board may waive or alter these requirements based on field conditions.
H. 
Enclosure location.
[Added 9-8-2003 by L.L. No. 5-2003, effective 9-22-2003; amended 7-15-2013 by L.L. No. 9-2013, effective 7-23-2013]
(1) 
Trash containers used for one- and two-family residences are not permitted in the front yard. If a practical difficulty in locating them in the side or rear yards can be proven to the satisfaction of the Building Inspector, then said containers may be placed in the front yard in a manner and location acceptable to the Building Inspector. If containers are to be placed in the front yard, then the Building Inspector may require enclosure, screening, or both, as may be acceptable to the Building Inspector and following the guidelines contained herein for commercial, industrial or multifamily properties.
(2) 
An industrial, commercial and multifamily use enclosure shall not occupy a right-of-way or be located in a required yard (setback). The Planning Board or Building Inspector may specify a minimum distance from the property line of an adjoining property for the proposed location.
(3) 
The Planning Board or Building Inspector will exercise the following preferences with regard to the proposed enclosure location:
(a) 
The first (most) preferred location is inside the primary structure or building on the lot.
(b) 
The second preferred location is the rear yard.
(c) 
The third preferred location is the side yard.
(d) 
The fourth (least) preferred location is the front yard.
(4) 
The Planning Board or Building Inspector shall use the following criteria to assess the proposed location:
(a) 
The more visible a proposed location is to adjoining properties, pedestrians and passing vehicles, the less preferred the location will be.
(b) 
A lesser preferred proposed location shall be required to have more screening and a higher quality aesthetic value than a more preferred location.
I. 
Enclosure review, approval and enforcement of compliance.
[Added 9-8-2003 by L.L. No. 5-2003, effective 9-22-2003; amended 7-15-2013 by L.L. No. 9-2013, effective 7-23-2013]
(1) 
The Planning Board shall review and grant a permit for any enclosure and/or screening that is proposed as part of a site plan application, using the standards contained herein.
(2) 
The Planning Board shall review and grant a permit for any new enclosure and/or screening or change to an existing enclosure and/or screening on a lot that has already received site plan review within two years prior to the requested new enclosure or change. This may be due to change in use, building renovations or additions, or to a change in the parking lot.
(3) 
The Building Inspector shall review and grant a permit for all other enclosures and/or screening not under the Planning Board jurisdiction set forth in Subsection I(1) and (2) above.
(4) 
For all industrial, commercial and residential users, failure to comply will result in the issuance of a violation and/or fines by the Village of Mamaroneck.
(5) 
The enclosure permit (except for one- and two-family dwellings) will be subject to review and renewal every three years from the original approval date. Said renewal can be obtained by filing an application form with the Village of Mamaroneck Building Department with appropriate fee and currently dated (within two weeks of the application) and signed photographs of the enclosure viewed from all sides. A sworn statement by the owner/responsible tenant that the enclosure is in good usable condition, and that it continues to properly and aesthetically block the view of the container/dumpster, as set forth herein, must also be submitted.
J. 
[1]Containers, receptacles or dumpsters located on Village-owned property. Any container, receptacle or dumpster located on Village of Mamaroneck property, whether it is owned by a private refuse collection service or the property owner/responsible tenant, shall be enclosed or screened from view by the property owner/responsible tenant in accordance with the requirements of this section. Failure by the owner/responsible tenant to construct and maintain an enclosure and/or screening in accordance with this section shall constitute a violation of this chapter.
[Added 9-8-2003 by L.L. No. 5-2003, effective 9-22-2003]
[1]
Editor’s Note: Former Subsection J, Order of compliance, review and approval, added 9-8-2003 by L.L. No. 5-2003, effective 9-22-2003, was repealed 7-15-2013 by L.L. No. 9-2013, effective 7-23-2013. This local law also provided for the redesignation of former Subsection K as Subsection J.
A. 
Generally. The Village shall make regular collections of all refuse as often and during such specified hours as shall be prescribed by the Village Manager. Collections shall be made from receptacles when placed on or in front of any premises at such accessible locations as shall be designated herein or by the Village Manager. The Village Manager shall have the right to omit collections from any premises where a vicious dog is permitted to run at large or where employees of the Village are subject to any unnecessary danger or hazard.
B. 
Residential collections.
[Amended 9-22-1986 by L.L. No. 12-1986, effective 9-29-1986; 2-13-2001 by L.L. No. 3-2001, effective 2-27-2001]
(1) 
Regular collections from residential zones and residences in commercial and industrial zones shall be made from Monday through Friday on days and hours scheduled by the Village Manager.
(2) 
All refuse shall be in a container commercially manufactured for this purpose and not exceeding 32 gallons in size and shall have a tight-fitting cover with a maximum filled weight of 75 pounds.
(3) 
Quantities of refuse to be collected are limited as follows:
(a) 
Garbage. The equivalent of three thirty-two-gallon containers each collection day. Bundled and tied tree trimmings, not exceeding up to one cubic foot or in bundles not exceeding three feet in length and 24 inches in any other dimension, shall be equal to one thirty-two-gallon container.
(b) 
Rubbish. The equivalent of five thirty-two-gallon containers. Bundled and tied tree trimmings, not exceeding three feet in length and 24 inches in any other dimension, shall be equal to one thirty-two-gallon container. All must be placed at curbside no more than 24 hours before regular pickup.
(c) 
Christmas trees. Trees shall be placed at the curb area and will be collected by regular collection or special collection during the month of January each year. Christmas trees do not have to be cut to meet length requirements described otherwise herein.
(d) 
Large household items. All large household items, which cannot be picked up with regular garbage on the sanitation truck, shall be placed at curbside no more than 24 hours before regular pickup and shall be equal to no more than five thirty-two-gallon containers in size. All large household metal items shall be placed at curbside no more than 24 hours before a scheduled metal pickup. The General Foreman of the Department of Public Works shall have the authority to decline certain materials in accordance with the Village's ability to dispose of such materials. In the event that such materials have been declined by the Village, they must be removed from curbside within 24 hours from the time of refusal.
(e) 
Ashes. Ashes must be thoroughly water quenched and placed in one fireproof metal receptacle weighing not more than 75 pounds filled and placed with rubbish for collection.
(f) 
Leaf removal. During the autumn leaf-removal period, all leaves are to be picked up in bulk from the curb. At all other times, leaves must be in standard manufactured leaf bags and closed with appropriate ties.
C. 
Prohibitions.
(1) 
Use of barrels, drums, kegs, cardboard boxes or cloth bags for the containing of garbage is prohibited.
(2) 
Empty receptacles shall be removed from the curb area within the same day, unless otherwise prescribed by the Village.
(3) 
Unless otherwise provided for herein, refuse receptacles shall be stored only on private property, on a location adjacent to a principal or accessory use building, and in no case shall such receptacles be stored on public property or forward of the front building line of the principal structure.
[Amended 9-22-1986 by L.L. No. 12-1986, effective 9-29-1986]
(4) 
It shall be, hereafter, illegal for any person to construct, place or build facilities for the storage of receptacles below property grade (underground).
(5) 
Receptacles shall not be placed for collection inside or within any building, accessory-use building or garage or any place above or below level.
(6) 
No person shall prevent or interfere with any employee of the Village in the sweeping or cleaning of any street, sidewalk or right-of-way or in the removal therefrom of sweepings, litter, snow, ice or other refuse material.
(7) 
No person, other than an authorized employee or agent of the Village or a private collection agency authorized by the owner or occupant of the property, shall disturb or remove any garbage, refuse, rubbish, paper or boxes that have been placed outside of private houses or lots for removal.
(8) 
No employee of the Village, in the course of his duties, shall be required to enter a building or structure to gather or collect any refuse.
[Amended 9-22-1986 by L.L. No. 12-1986, effective 9-29-1986]
A. 
The Village shall not collect or dispose of any garbage, rubbish or refuse resulting from construction, alteration or demolition of a building. Such materials include but are not limited to concrete, plaster, wood studs, asphalt, cinder blocks, brick, sawdust, sod or dirt and any material otherwise commonly known as "building materials." The Village shall not collect or dispose of any highly combustible materials, toxic or hazardous chemicals, automobile or other vehicle parts and junk vehicles. The Village shall not collect or dispose of any tree stumps or branches, unless they are split in sections six inches or less in diameter and three feet or less in length; branches shall be securely tied in bundles for easy handling. Removal of such debris shall be arranged privately.
B. 
In the event that the private removal of such debris requires use of a dumpster or other similar type of container, no such container shall be placed upon public property without a permit therefor having been issued by the Village in accordance with the procedures set forth in Subsection C of this section. Each such container must be properly secured after working hours for prevention of injury or accident and must be properly illuminated with lanterns or other such safety devices on the outside perimeter of the same, and under no circumstances shall such a container remain for more than 10 working days in any calendar month. No such permit shall issue unless the applicant shall place with the Village a certificate of insurance in an amount to be determined by the Village Manager.
C. 
Upon issuance of said permit, the applicant shall pay a fee in the sum of $50 for the placement of such a container upon public property for a period of time not to exceed five consecutive days. In the event that the placement of such a container exceeds said five-day period, an additional fee shall be required in the sum of $10 per day for each additional day. In addition, upon the issuance of any such permit, the applicant shall deposit with the Village of Mamaroneck the sum of $100 as security for the faithful performance of the requirements of this subsection.
The Village will not collect or remove any garbage or rubbish of any kind or description from any industrial establishment. All such garbage or rubbish must be removed by private carting.
A. 
Any accumulations of refuse resulting from failure of any person to comply with a provision of this chapter or from the failure of such person to take advantage of the regular collection service maintained by the Village and any waste building materials in excess of ordinary household refuse of such materials shall be removed by such person at his expense.
B. 
The Village of Mamaroneck will collect, on scheduled days, amounts of all classes of refuse from the premises in accordance with limitations set forth in § 200-5, but, where abnormal amounts are placed for collection, the Village Manager reserves the right to refuse the materials, to defer the collection, to collect the material in part or to make special collection thereof at charges authorized by the Village Manager.
[Amended 9-22-1986 by L.L. No. 12-1986, effective 9-29-1986; 8-10-1992 by L.L. No. 5-1992, effective 8-18-1992]
Any person may deliver or dispose at the Village transfer station any garbage, rubbish, disposal, waste or other debris of all types and description that is burnable, with the exception of recyclables as defined in the Westchester County Source Separation Law.
[Amended 9-26-1983 by L.L. No. 8-1983, effective 10-3-1983; 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987; 9-8-2003 by L.L. No. 5-2003, effective 9-22-2003; 8-15-2011 by L.L. No. 11-2011, effective 9-7-2011; 7-15-2013 by L.L. No. 9-2013, effective 7-23-2013]
A. 
The fee for delivering and depositing at the Village transfer station any garbage, rubbish, industrial waste and/or other debris of all types and descriptions shall be as set forth in Chapter A347, Fees.
B. 
Any property owner desiring to use Village of Mamaroneck property for the placement of containers, receptacles or dumpsters shall also meet the following requirements:
(1) 
Such property owner shall be required to have Planning Board or Building Inspector approval for the enclosure and/or screening, in accordance with the requirements of § 200-4.
(2) 
Such property owner shall be required to apply to the Village Manager annually for a license for such use on Village-owned property, at a fee as set forth in Chapter A347, Fees. Failure by the property owner to pay the license fee shall constitute a violation of this chapter.
A. 
All residential buildings within the Village of Mamaroneck must comply with all current or amended standards of the New York State Department of Environmental Conservation or any other government agency controlling emissions of air contaminants.
B. 
All residential buildings, in order to meet the standards enumerated in Subsection A above, must either:
(1) 
Upgrade and improve the existing incinerator facility; or
(2) 
Install garbage and refuse compactors.
A. 
No person shall cause or permit the installation or alteration of a garbage and refuse compactor without first obtaining a permit from the Building Inspector.
B. 
Garbage and refuse compactors shall meet the following criteria, which are deemed necessary to provide basic and uniform regulations in terms of performance objectives, establishing reasonable safeguards for the safety, health and welfare of the occupants of the building and the users of the equipment and making adequate performance the test of acceptability:
(1) 
Equipment shall be designed, installed and located so that, under normal conditions of use, such equipment and systems will not be a potential danger to health or welfare, a danger because of structural defects or a source of ignition and will not create excessive noise or otherwise become a nuisance.
(2) 
Equipment and systems shall be made of approved materials, shall be free from defective workmanship and shall be designed and installed as to be durable, without need for frequent repairs or major replacements (New York State Uniform Fire Prevention and Building Code).
[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
(3) 
The applicant for a permit shall:
(a) 
Certify, by letter, that the component/electrical parts are approved by Underwriters' Laboratories, Inc., or other accepted authoritative agency.
(b) 
Furnish the Building Inspector with an operation and maintenance manual and parts list.
(c) 
Secure a building permit for the installation and secure plumbing and electrical permits where necessary.
[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
(4) 
The following codes shall apply:
(a) 
The Village of Mamaroneck Building Code for refuse chutes, refuse room, collection and disposal of refuse within premises and compactors.[1]
[1]
Editor's Note: See Ch. 126, Building Construction.
(b) 
The Village of Mamaroneck Plumbing Code for plumbing.[2]
[2]
Editor's Note: See Ch. 278, Plumbing Standards.
(c) 
The National Electrical Code for electrical work.
(d) 
The National Fire Code NFPA No. 13 for sprinklers.
(e) 
The Federal Hazardous Substances Act, Federal Insecticide, Fungicide and Rodenticide Act for deodorizer and insecticide sprays.
(5) 
The following are acceptable engineering practice standards:
(a) 
The American Welding Society, appropriate standards.
(b) 
The American National Standards Institute standards for pressure piping.
(c) 
The American National Standard for pipe thread.
(d) 
The National Sanitation Foundation for casters, if used.
(e) 
The Society of Automotive Engineers SAE J 517A and appropriate standard for high-pressure hydraulic hose.
(6) 
Rules for compactor construction.
(a) 
Access doors which open to the hopper or compac-tion area shall be equipped with an electric interlock switch to prevent the operation of the machine by the normal operating devices unless the access door is closed. The interlock switch contacts shall be maintained in the opened position by the action of gravity or by a restrained compression spring, or both. The access doors shall not open in a manner to expose a person to the hazard of deflected objects in a chute-fed compactor.
(b) 
A means shall be provided to shut off the chute of a chute-fed compactor. The shut-off means must withstand the same impact as that of the striker plate. It may be part of the compactor or installed in the chute.
(c) 
A striker plate shall be provided as part of the equipment to receive the impact of falling objects in the refuse chute. The striker plate shall be so constructed as to withstand the impact of a five-pound steel ball falling from the level of the uppermost charging door without permanent deformation of the plate.
(d) 
Provision shall be made to adjust the density of the compacted refuse. The density of the compacted refuse shall be established between 450 pounds per cubic yard and 750 pounds per cubic yard.
(e) 
An approved type sprinkler head shall be provided in the compactor or chute adapter. The temperature rating of the sprinkler shall be one hundred forty degrees to one hundred sixty-five degrees Fahrenheit (140° to 165° F.), maximum. An electrically controlled valve thermostatically actuated may be provided to shut off an open sprinkler head, or an on-off sprinkler head approved by Underwriters' Laboratories may be used.
(f) 
If the refuse chute is part of the refuse room ventilation system, provision must be made for access for the air through the compactor system from the room to the chute.
(g) 
The storage capacity of the compactor system shall be sufficient to handle the refuse generated over a twenty-four-hour period at the installation without attendance. The standards proposed by the Incinerator Institute of America for the quantities of waste produced in each class of building and the average weight of each type of refuse shall apply. (For apartment house refuse Type 2, consider four pounds per sleeping room and 15 pounds per cubic foot of refuse.)
(h) 
The refuse contact areas of the compactor system shall be designed to be washable from the required hose bibs without damage to the electrical system or any other component.
(i) 
Accessibility for lubrication, maintenance and repair must be provided to the design and construction of the compactor system. Broom space under and around the equipment is required.
(j) 
Each compactor shall be equipped with a hydraulic, mechanical, electric or other means to remove the compaction force when it exceeds the normal controls regulating the maximum working force by not more than 125%.
(k) 
Where the design conditions exist on a hydraulic system that may cause overheating of the hydraulic oil, a high temperature limit switch should be installed to remove the electric power from the system before the auto-ignition temperature is approached.
(l) 
Oil-storage tanks or reservoirs shall be covered and suitably vented. They should be provided with a means for checking the oil level. Such means should be accessible without the removal of the cover or any other part.
(m) 
A switch should be provided in the reservoir of a hydraulic-powered compactor to make the machine inoperative before the oil level in the reservoir reaches the minimum operating level.
(n) 
The extrusion-type compactor using the sausage bag method of tying off continuous lengths of plastic tubing is granted approval until June 1, 1980. The use of existing materials and methods indicate improvements must be made in the safety and sanitary conditions that occur. Since heavy-duty gloves are a necessary part of the compactor operation of this type of compactor, the manufacturer or installer should be responsible for the presence of heavy leather gloves with full heavy leather gauntlets or equal at the equipment when installed.
(o) 
No part of the hopper or refuse contact area should be positioned at an angle of less than 55° from the horizontal, but in no case shall the angle be less than 45°.
(7) 
Containers:
(a) 
All containers shall be sufficient for the purpose for which they are intended and shall conform to this chapter in relation to ashes, garbage, rubbish and other refuse.
(b) 
Containers designed for manual lifting into the Village refuse truck should be limited to 65 pounds gross weight.
(c) 
Containers designed for mechanical lifting into the Village truck shall be designed to be sufficient for the purpose for which they are intended. Containers holding one to three cubic yards, designed according to the specifications of the Department of Public Works for rear loading, may be used.
C. 
Where garbage and refuse compactors are installed pursuant to this chapter, separate containers shall be provided for recycling paper, glass bottles and jars and aluminum cans, and these items of material shall not be processed in garbage and refuse compactors.
A. 
Violation of the provisions of this chapter shall be punishable, upon conviction thereof, by a fine not exceeding $250 or imprisonment not exceeding 15 days, or both.
[Amended 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
B. 
In addition to the penalties indicated in Subsection A above, the Building Inspector shall have all other remedies and techniques for the enforcement granted by this chapter or any other law, statute or regulation, including but not limited to summary action, injunctive relief and civil actions for damages to the environment.
The provisions of Article VII of the Sanitary Code of the Westchester County Health District adopted by the Westchester County Board of Health, as amended, applicable to offensive material shall apply, except as required herein, and the provisions of this chapter shall be considered to be an addition to the provisions of the Sanitary Code of the Westchester County Health District.