[HISTORY: Adopted by the Town Board of the
Town of Harrison as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-17-1923]
[Amended 1-4-1984; 12-15-1993; 3-18-2010 by L.L. No.
1-2010(v); 6-3-2010 by L.L. No. 3-2010(v); 7-7-2011 by L.L. No. 1-2011(v); 6-16-2016 by L.L. No. 1-2016(v)]
A.
All garbage, ashes and refuse shall be set out in trash containers
before 6:00 a.m. of the day of collection or the night prior to the
day of collection. Garbage and refuse shall not be set out on weekends
or holidays that Town or Village of Harrison employees are granted.
B.
No garbage, ashes and refuse shall be collected in the Town or Village
of Harrison earlier than 6:00 a.m. nor later than 8:00 p.m.
C.
Collection in Commercial Districts.
(1)
In all commercial districts where it is determined that thirty-gallon
containers are not feasible, the Commissioner of Public Works may
require the owners of any commercial establishment to provide a one
cubic-yard metal container or larger-sized container as, in the opinion
of the Commissioner of Public Works, may be necessary to accommodate
the establishment's garbage or refuse.
(2)
COMMERCIAL ESTABLISHMENT
CONTAINER
For purposes herein, the following terms shall have the meanings
indicated:
Any establishment other than one-family, two-family or three-family
residential building establishments.
A receptacle, including, without limitation, a dumpster.
(3)
Any Commercial Establishment that, as of January I, 2016, participated
in the then existing commercial district municipal collection program
and did not have a dumpster of any kind and had no more than four
forty-eight gallon containers shall receive municipal collection at
no fee, effective July 1, 2016, provided the commercial establishment
shall continue to, or be able to, consolidate its trash, rubbish and
garbage into two or fewer forty-eight gallon containers, with proper
lids, having no trash, rubbish, and garbage placed outside of or overflowing
said containers. All other Commercial Establishments shall have its
trash, rubbish, recyclable material and garbage collected by private
carter effective July 1, 2016.
(4)
In all Commercial Establishments, garbage or refuse shall be placed
at the rear of the establishment whenever possible. All trash containers
shall be enclosed with a stockade-type fence or wall which shall be
designed to prevent the scattering of debris outside of the container
area and shall completely obscure the receptacle from public view.
The enclosure for trash containers shall not be less than five feet
nor more than eight feet in height and maintained in good condition.
A wall (or walls) of an adjoining building may serve as one (or more)
side(s). The area created by the fencing and wall shall be kept free
of debris, and in no event shall there be an accumulation of debris
outside the container. The opening for the gate to the enclosure shall
be located in an area easily accessible to the users of the container.
The gate shall remain locked and only accessible by authorized users.
(5)
Every Commercial Establishment within the Town/Village of Harrison
that shall not be eligible for municipal collection effective July
1, 2016, shall certify to the Town/Village, in writing upon forms
provided by the Town/Village for such purpose, where its trash, rubbish
and garbage is being disposed of. All Commercial Establishments required
to dispose of its trash, rubbish, recyclable material and garbage
by private carter shall identify by owner name, address and telephone
number, the particular private carter with whom that Commercial Establishment
has a contract for collection. The certification shall also provide
the Establishment name, number of pails or bags, pail location, number
of dumpsters and dumpster location that all trash, rubbish and garbage
generated by that Commercial Establishment is being disposed of in
accordance with this chapter, and that no such trash, rubbish or garbage
is being removed from its premises by anyone other than a private
carter, which is duly and legally licensed to remove, cart and dispose
of trash, rubbish, recyclable material and garbage in accordance with
county, state and/or federal government or agency thereof. Both the
failure to make such certification or, upon such certification, the
disposal of trash, rubbish or garbage in a manner other than as certified
shall constitute a violation of this provision.
[Amended 1-4-1984; 12-15-1993]
A.
All garbage must be placed in a nonleaking metal,
plastic or rubber container, with cover, no larger than 30 gallons,
unless requested by the Commissioner of Public Works to place its
garbage in a larger container as set forth in § 155-1B(1).
All ashes must be in metal receptacles, separate from garbage, not
to contain more than four cubic feet. No receptacles for ashes shall
be filled to a height greater than three inches below the top of the
receptacle nor weigh more than 135 pounds. In cases where the receptacle
is placed at the street line, all receptacles shall be removed promptly
from the street line after emptying. Ash shall not be mixed with any
other garbage or refuse. No earth, stone, brick or business waste
which, in the judgment of the garbage collector, shall work to the
detriment of the system shall be placed for removal by the garbage
collector nor shall be placed on the street, but shall be otherwise
disposed of. All yard sweepings, hedge cuttings and grass in small
amounts, not over two cubic feet at a time, may be bundled or tied
and placed at the curbline, but any considerable quantity must be
disposed of otherwise.
B.
It shall be unlawful for any residential or commercial
property owner to permit overflowing trash containers on its property.
All trash containers in any commercial establishment or any residential
building shall be stored in such a manner that rain, wind, snow, animals,
insects or other elements may not penetrate the material in said containers.
C.
It shall be unlawful for any owner, agent or contractor
in charge of a construction site to permit the accumulation of trash/refuse
before, during or immediately following completion of any construction
site or demolition project. It shall be the duty of the owner, agent
or contractor in charge of the construction site to accommodate refuse/trash
containers at areas convenient to construction areas and shall be
maintained and emptied in such a manner and with such frequency as
to prevent spillage or an overflow condition of refuse/trash. Said
containers must be secured in such a way as to allow no unauthorized
users to place any trash/refuse in these containers.
No person shall sweep or cause to be swept the
floor sweepings of any business place or other structure upon any
sidewalk or streets. All such sweepings are to be deposited in the
regulation receptacle and placed upon the curbline for collection.
[Amended 12-15-1993]
Refuse, as defined in § 155-12, will be removed by the Town or Village of Harrison under rules and regulations established by the Commissioner of Public Works from time to time. The Town Board or Village Board may, by resolution, impose additional conditions for refuse removal, including but not limited to a fee for said removal or a direction that such refuse be disposed of privately and at the property owners' sole expense.
No person shall engage in the business of transporting
manure, swill or other garbage or any offensive or noxious substance
or drive any cart for such purpose without a permit from the Board
of Health. No person shall gather, collect, accumulate, store, expose
or transport through the street any offensive refuse or other offensive
material without a permit from the Board of Health. No person not
authorized shall interfere with the ash or garbage receptacles or
with the contents thereof, nor shall any person in any way handle
such contents within the area within which collections are made. Persons
desiring to dispose of the same otherwise than from the agent of the
town may do so upon the receipt of a permit from the proper authorities
and in a manner designated by them.
[Amended 12-6-2000 by L.L. No. 10-2000]
A.
No person shall litter, sweep, throw or cast, or direct,
suffer or permit any servant, agent or employee or other person under
his or her control to litter, sweep, throw or cast, any ashes, offal,
vegetable, garbage, dross cylinders, shells, straw, shavings, paper,
dirt, filth, broken glassware, crockery, bottles, dust or other rubbish
and refuse of any kind whatsoever, in or upon any street or public
place, vacant lot, air shaft, areaway, backyard court or alley or
roadway or sidewalk.
B.
Every owner, lessee, tenant, occupant or person in
charge of any building or premises shall keep and cause to be kept
the sidewalk, flagging and curbstone abutting said building or premises
free from obstruction and nuisances of every kind, and shall keep
said sidewalks, air shafts, areaways, backyards, courts and alleys
free from garbage, refuse, rubbish, litter and other offensive material.
Such persons shall also remove garbage, refuse, litter, debris and
other offensive material between the curbstone abutting the building
or premises and the roadway area extending 1 1/2 feet from the
curbstone into the street on which the building or premises fronts.
Such persons shall not, however, be responsible for cleaning the garbage,
refuse, rubbish, litter and other offensive material that accumulates
at catch basins located within the one-and-one-half-foot distance
from the curbstone into the street.
C.
No lime, ashes, coal, dry sand, hair, wastepaper,
feathers, or other substance that is in a similar manner liable to
be blown by the wind, shall be sieved, agitated or exposed, nor shall
any mat, carpet or cloth be shaken or beaten, nor shall any cloth,
yarn, garment, material or substance be scoured or cleaned, nor shall
any rags, damaged merchandise, barrels, boxes or broken bales of merchandise
or goods be placed, kept or exposed in any place where they or particles
therefrom will pass into any street or public place, or into any occupied
premises, nor shall any usual or any reasonable precautions be omitted
by any person to prevent fragments or any substances from falling
to the detriment or peril of life or health, or dust or light material
flying into any street, place or building, from any building or erection,
while the same is being altered, repaired or demolished, or otherwise.
In demolishing any building or part thereof, the material to be removed
shall be properly wet in order to lay dust incident to its removal.
D.
No one, being the owner or in charge or in control
of any receptacle, shall litter, drop or spill, or permit to be littered,
dropped or spilled, any dirt, sand, gravel, clay, loam, stone or building
rubbish, hay, straw, oats, sawdust, shavings or other light materials
of any sort, or manufacturing, trade or household waste, refuse, rubbish
of any sort, or ashes, manure, garbage or other organic refuse or
other offensive matter, in or upon any street or public place.
E.
No person shall throw or cast, or cause or permit
to be thrown or cast, any handbill, circular, card, booklet, placard
or other paper matter whatsoever, in or upon any street or public
place.
No person other than an authorized employee
or agent of the town shall disturb or remove any ashes, garbage or
light refuse or rubbish placed in front of houses or lots for removal,
unless requested by residents of such houses.
No person who is the owner, driver, manager
or conductor of any cart or other vehicle or 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, rubbish of any
sort or ashes or manure, garbage or other organic refuse or other
offensive matter therefrom or permit the same to be blown off therefrom
by the wind in or upon any street or public place in the town.
No person shall allow any swill, brine or offensive
animal matter, nor any bad-smelling, noxious liquid or other filthy
matter of any kind, to run or fall into or upon any street or public
place of the town or to be taken or put therein.
[Amended 2-19-1986 by L.L. No. 2-1986; 12-6-2000 by L.L. No.
10-2000]
A.
Any person violating any provision of this article shall, upon conviction, be punishable by a fine of not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both, except that a violation of § 155-7 of this article, which involves the removal of 100 pounds or more of refuse material which consists of recyclable material, shall be a misdemeanor.
B.
Any person violating the provisions of this article
shall be liable and responsible for a civil penalty of not less than
$50 nor more than $250.
[Adopted 10-5-1966; amended in its entirety 5-20-1992]
It is hereby declared and found that papers
and refuse carelessly or improperly deposited in the Town of Harrison
are the cause of civic disgrace; that such papers and refuse are health,
fire and safety hazards; that effective control of such papers and
refuse can result in substantial savings to taxpayers of the Town
of Harrison; and that such papers and refuse are a matter affecting
the public interest and consequently should be subject to supervision
and administrative control for the purposes of safeguarding the public
health, safety, general welfare and environment of the people of the
Town of Harrison. It is further declared to be the policy of the Town
Board of the Town of Harrison to exercise its authority pursuant to
§§ 64 and 130 of the New York State Town Law.
As used in this article, the following terms
shall have the meanings indicated:
Any plot or parcel of land located in the Town of Harrison,
or any portion thereof.
Any advertising bills, circulars, posters, cards, pamphlets
or wastepaper of any character.
Any material which may create a danger to public health,
safety, welfare or the environment or which creates pollution or unsightliness,
including, without limitation, rubbish; combustible trash, including
but not limited to paper, cartons, boxes, barrels, wood, excelsior,
trees, tree brush, branches, stumps or similar refuse, wood furniture
and bedding; noncombustible trash, including but not limited to metals,
scrap metal or discarded material, tin cans, metal furniture, plastic
material, dirt, quantities of rock and pieces of concrete, glass,
crockery and other mineral waste; street rubbish, including but not
limited to street sweepings, dirt, catch basin dirt, contents of litter
receptacles, or for collecting, dismantling, storage and salvaging
of machinery or vehicles not in running condition, automobile bodies,
rubber, refrigerators, gas ranges and building material, including
all fixtures used in connection therewith.
[Amended 2-4-2010 by L.L. No. 2-2010]
The Town of Harrison.
Leaves, twigs, lawn and yard trimmings.
[Added 2-4-2010 by L.L. No. 2-2010]
[Amended 2-4-2010 by L.L. No. 2-2010]
A.
No person shall deposit, throw or place or dump Papers or Refuse
or permit Papers or Refuse to be deposited, thrown, placed, stored
or dumped in or upon all or any part of any lot, enclosure, public
street or sidewalk or other outside portions of any building within
the limits of the Town of Harrison.
B.
No person shall deposit, throw or place or dump Yard Waste or permit
Yard Waste to be deposited, thrown, placed, stored or dumped in or
upon all or any part of any lot, enclosure, public street or sidewalk
or other outside portions of any building within the limits of the
Town of Harrison.
A.
The owner, lessee, contractor, tenant and other person
having management or control of or occupying any lot or plot of land
in the town, excluding any location designated by the town and/or
the Westchester County Department of Health for such purposes, shall
keep such land at all times free and clear of any accumulation of
paper or refuse except such as may be deposited in appropriate receptacles
for collection and disposal by the town or other collecting agency.
B.
Upon notice, in writing, by the Superintendent of
Maintenance and Operations, the Building Inspector or the Police Department
given to such owner, lessee, contractor, tenant or other person to
remove said accumulation of paper or refuse 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 section. Notice shall be served by regular mail or in person.
A.
Authority to remove and restore. In the event that the owner, occupant or person in control of such land shall fail to remove papers or refuse deposited, thrown, placed or dumped in violation of § 155-13 herein, the town shall have the authority, as provided for herein, to enter onto such land and remove such papers and refuse and restore the land to an appropriate and safe state and charge the cost and expense of such action against the owner and establish a lien against the land in the manner herein provided.
B.
Town Board action. Notwithstanding anything stated in § 155-14B, any owner of real property in the town shall be required to remove the papers or refuse which exist upon his land and restore the land to an appropriate and safe state when directed to do so by resolution of the Town Board, pursuant to the authority provided under Town Law § 64, Subdivision 5-a.
C.
Notice to be served. Whenever the Town Board shall
adopt a resolution requiring the owners of land to remove the papers
or refuse which exists thereon and restore the land to an appropriate
and safe state, the Town Board shall specify the time within which
such work shall be completed. Such notice shall set forth, with reasonable
certainty, the location at which the condition exists, the material
to be removed and the requirement that appropriate restoration measures
must be taken. Giving due consideration to the material and the location
thereof, the town shall give the owners no more than 30 days from
the date of the mailing of the notice during which actual removal
work on such land shall be commenced and no more than 90 days from
the date of the mailing of the notice during which removal work and
restoration of the land shall be completed. Notice of the adoption
of a resolution requiring the work shall be served upon the owners
of the land by certified mail, addressed to either the owners at the
address of the land or the last known address of said owners. In removing
the papers and refuse and restoring the land to an appropriate and
safe state, the owners shall be required to comply with all laws,
rules, regulations, orders and ordinances.
D.
Failure to comply. Whenever any notice referred to in § 155-15C of this Article have been mailed and the owner shall neglect or fail to comply with any of the time periods provided herein, the Town Board shall authorize the work to be done and shall provide for the cost thereof to be paid from the general town funds as directed by resolution.
E.
Manner of assessment of cost. In any case where it
shall be necessary for the Town Board to have the work performed due
to the owner's failure to comply with the Town Board's resolution,
the town shall be reimbursed for the cost of the work performed or
the services rendered (including, without limitation, the cost of
professionals employed by the town) at its direction by assessment
or levy upon the lots or parcels of land where such work was performed
or such services rendered. All costs actually incurred by the town
upon each lot or parcel and the charge therefor shall be assessed
and collected in the same manner and in the same time as other ad
valorem town charges.
[Amended 2-4-2010 by L.L. No. 2-2010]
A.
The violation of any provision of this Article, other than a violation of § 155-13B, shall be an offense against this Article which shall be punishable by a fine of not less than $250 nor more than $500 or by imprisonment for a term of no more than 15 days or by both such fine and imprisonment. Each and every day such violation continues shall constitute a separate offense and the penalties prescribed above shall be applicable to each such separate offense, except that no further penalties shall be imposed for the period during which any appeal from a conviction of such offense is pending. The penalties provided for herein are in addition to any other penalties permitted by any other applicable law, rule, regulation, order or ordinance.
B.
The violation of any provision of this Article, other than a violation of § 155-13A, shall be an offense against this Article which shall be punishable by a minimum fine of $50 for a first offense and a minimum fine of $250 for a second and subsequent offense, all offenses with a maximum fine of $500 or by imprisonment for a term of no more than 15 days or by both such fine and imprisonment. Each and every day such violation continues shall constitute a separate offense and the penalties prescribed above shall be applicable to each such separate offense, except that no further penalties shall be imposed for the period during which any appeal from a conviction of such offense is pending. The penalties provided for herein are in addition to any other penalties permitted by any other applicable law, rule, regulation, order or ordinance.
C.
In addition to any other penalties provided under Subsection A of this section or provided by any other law, rule, regulation, order or ordinance, any violation of any provision of this Article shall be punishable by a civil penalty of not less than $250 nor more than $500. Civil penalties shall be recovered in a civil act on brought in the name of the Town Board.
If any section, subsection, sentence, clause,
phrase or portion of this Article is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.
