[Adopted 10-19-1998 by L.L. No. 3-1998; amended in its entirety 9-11-2005 by L.L. No. 1-2005]
As used in this article, the following terms
shall have the meanings indicated:
BRUSH
Tree branches, twigs, shrubs and hedge clippings not exceeding
three inches in diameter and four feet in length.
BULK ITEMS
Large and/or heavy items and materials larger than two feet
by two feet by four feet or heavier than 50 pounds, including furniture
(other than aluminum yard furniture); Christmas trees; house furnishings;
and large household appliances such as refrigerators, stoves, washing
machines and clothes dryers.
CANS
Containers comprised of aluminum, tin, steel or a combination
of ferrous or nonferrous materials, which formerly contained only
food and/or beverage substances.
CARDBOARD
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
shall not mean wax-coated or soiled cardboard (i.e., pizza boxes).
GARBAGE
All decayable waste, with the exception of sewage and body
wastes, but including fruit, vegetable and animal offal, and shall
include all such substances accumulated on or removed from all public
and private establishments and properties, resulting from the handling,
preparation, cooking or storing of foods.
GARBAGE CONTAINER
A solid container made of nonrusting metal or hard-shell
plastic used to contain refuse for storage and collection.
GLASS
Empty bottles, jars and containers of clear (flint), green
and brown (amber) color with rings and caps removed and therefore
generally recyclable. This term does not include ceramic ware, auto
glass, mirrors, kitchenware, window glass and stained glass.
HAZARDOUS WASTE
Any material, natural or manufactured, which by itself or
in conjunction with other like or dissimilar material will contaminate,
to environmentally unsafe levels, the atmosphere, soil or water, whether
above or below the ground, or poses a health risk from improper handling,
disposal or discarding of the same; substances so defined and in quantities
so proscribed by the Resource Conservation and Recovery Act of 1976
(42 U.S.C. § 6901 et seq.), the Toxic Substances Control
Act (15 U.S.C. § 2601 et seq.) or Article 27 of the Environmental
Conservation Law or any rule or regulation promulgated under any of
those laws.
IMPORTING
To introduce or bring in from an outside or external source.
LANDLORD
A person or persons who own or rent land, buildings or dwelling
units.
MEDICAL WASTE
A combination of medical treatment materials and/or human
wastes which, due to their potential physical, infectious characteristics,
may cause illness to others, or significantly contribute to an increase
in mortality, or an increase in serious irreversible or, incapacitating
reversible illness, or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of, or otherwise managed.
PERSON
Any individual, firm, partnership, company, corporation,
association, society or group, or any combination of individuals acting
in concert.
PRIMARY OCCUPANT
The owner or resident of a residence who is considered in
control of the premises.
RECYCLABLE MATERIAL
Any material designated, from time to time, which, under
any applicable law or regulation, is not hazardous and which is separated
from the waste stream and held for its material recycling or reuse
value. It shall mean those items which are marketable and which may
include but not be limited to metal cans, glass, scrap metal, discarded
newspapers, magazines, cardboard, flat paper, plastic, yard waste,
engine oil, tires and vehicle batteries. Recyclables do not include
recyclable materials which in their existing form are contaminated.
REFUSE
Rubbish, garbage, trash, recyclable materials and collectible
yard waste resulting from the normal day-to-day operation of a household,
a business, commercial or industrial establishment or a public or
quasi-public facility. "Refuse" does not include rubble, bulk items,
industrial waste, automobile or other motor vehicle tires, or any
other material not covered under this definition.
REFUSE COLLECTOR
Any person, firm, corporation or other legal entity carrying
on the business of receiving, collecting, transporting or disposing
of garbage, rubbish, trash or other wastes or recyclable material
for hire and/or salvage.
RESIDENCE
A building or parcel of land having fewer than five dwelling
units.
RESIDENT
A person residing within the Village of Menands.
RUBBISH
General dry material produced routinely by household, commercial
or industrial establishments, such as:
A.
Paper, plastic, cardboard or other material
used to wrap, cover or contain food, other than certain metal HDPE
or glass containers defined in this section as "recyclable material."
B.
Metal (other than pure aluminum, copper, stainless
steel or brass).
C.
Miscellaneous waste material, including rags,
drugs, health aids and materials, sweepings, excelsior, rubber, leather,
cloth, clothing, magazines, paper (other than newspapers), waste materials
from normal maintenance and repair activities, pasteboard, crockery,
shells, dirt, filth, ashes, wood, glass (other than certain glass
bottles, jugs and jars defined in this section as "recyclable material"),
and any other similar waste material. "Rubbish" does not include recyclable
materials, bulk items, rubble or any other material not covered under
this definition.
VILLAGE
The Village of Menands and its entities.
YARD WASTE
Grass clippings, leaves, cuttings and other debris from plants,
shrubs, hedges, tree branches less than three inches in diameter and
four feet in length, and other vegetation. Garbage, recyclable material,
construction and demolition debris, sod or soil shall not be construed
to include yard waste.
The collection and removal of refuse and/or
recyclable material within the Village of Menands by refuse collectors
shall be authorized only between the hours of 7:00 a.m. and 7:00 p.m.,
Monday through Friday, and between the hours of 9:00 a.m. and 4:00
p.m. on Saturday. No such collection and removal shall take place
on Sunday. This provision shall not apply to refuse or recyclable
material collection performed by the Village of Menands and its employees
or contractors.
Garbage placed curbside for collection must be tied in clear or white (opaque) plastic garbage bags and placed in a conforming garbage container. No single garbage container placed for collection shall exceed 40 pounds. Persons not placing garbage in a sealed garbage container may be found in violation if the garbage bags are untied or broken and the contents are strewn or if an unsealed garbage container weighs more than 40 pounds, including infiltration by water. Person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under §
82-10 of this article.
Any person(s), landlord, firm or corporation
violating any of the above provisions of this article, upon conviction
thereof, shall be subject to a fine not to exceed $250 upon the first
offense, and not less than $25 for any subsequent offense or imprisonment
not exceeding 15 days, or both such fine and imprisonment, together
with any and all costs of the Village of Menands for correcting or
abating such violation.
The enforcement of this article and any rules
and regulations promulgated thereunder will be the responsibility
of the Village of Menands Police Department, Building Department,
Department of Public Works and such other persons as may be, from
time to time, authorized by the Board of Trustees of the Village.
Due consideration may be given to residents found offending sections
of this article as may be due to illness, disability or physical infirmity.
The Village of Menands encourages residents
to separate recyclable refuse, including glass, plastics, metal cans,
and newspaper, and to this end shall provide a scheduled recycling
collection.
A. Acceptable plastic recyclable materials include HDPE
#2 plastic bottles; PET #1 plastic bottles (examples: soda, juice,
milk and detergent bottles).
B. Unacceptable plastic recyclable materials include
#3 and #7 plastics (examples: medicine bottles; microwave dishes;
oil containers; butter tubs; yogurt and cottage cheese containers;
non-bottle #1 and #2 plastic bags; or five-gallon pails).