[HISTORY: Adopted by the Town Board of the Town of Harrison as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 47.
Department of Public Works — See Ch. 66.
Junkyards — See Ch. 165.
Streets and sidewalks — See Ch. 201.
Immobilization of vehicles — See Ch. 223.
[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) 
For purposes herein, the following terms shall have the meanings indicated:
COMMERCIAL ESTABLISHMENT
Any establishment other than one-family, two-family or three-family residential building establishments.
CONTAINER
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:
LOT or LAND
Any plot or parcel of land located in the Town of Harrison, or any portion thereof.
PAPERS
Any advertising bills, circulars, posters, cards, pamphlets or wastepaper of any character.
REFUSE
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]
TOWN
The Town of Harrison.
YARD WASTE
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.