This article shall be deemed an exercise of
the police power of the State of New York and of the Town of Ossining
for the protection of the health, safety and welfare of the people
of the Town of Ossining and their property values by controlling the
storage, collection and disposal of garbage and refuse within the
Town of Ossining. All provisions shall be liberally construed for
the accomplishment of those purposes.
As used in this article, the following terms
shall have the meanings indicated:
SWILL, GARBAGE, ASHES, REFUSE AND RUBBISH
Include only ordinary waste material of a household or business
establishment and shall not include plaster, lumber or other waste
materials from building operations, nor leaves or other rubbish from
lawns, gardens or agriculture.
[Amended 3-26-1985 by L.L. No. 2-1985]
A. It shall be unlawful to place or to permit to remain anywhere in the Town any garbage or other material subject to decay, except in a tightly covered metal or plastic container, except newspaper waste as subject to Article
II of this chapter.
B. It shall be unlawful to cause, suffer or permit to
accumulate any swill, garbage, ashes, refuse or rubbish which is subject
to being blown by the wind, except in a tightly covered metal or plastic
container.
It shall be unlawful to dispose of any garbage,
refuse or ashes anywhere in the Town excepting in an incinerator or
disposal device properly constructed and operated or in a lawfully
established garbage or refuse dump. Such material not so properly
disposed of shall be placed in containers for collection by the Town
as hereinafter prescribed.
[Amended 3-26-1985 by L.L. No. 2-1985]
A. Unless the Town shall otherwise contract for the collection
of garbage, rubbish, refuse and other waste material, the Superintendent
of Highways shall have charge of the collection of garbage, rubbish,
refuse and other waste material in the Town. The collection shall
be made from all premises pursuant to a schedule determined by the
Town Board, provided that the material is properly stored for collection
in a container complying with the provisions of this article, which
container shall be placed in a visible and accessible area of the
curbline immediately in front of the premises.
B. No garbage, rubbish, refuse or other waste material
shall be placed out for collection before 7:00 p.m. on the night preceding
collection, and all empty containers shall be removed no later than
9:00 p.m. of the night of collection.
It shall be unlawful for any person to take,
remove or collect tin cans, metal, rags, boxes, newspapers, magazines,
rubbish, garbage or refuse from any box, barrel or other container
or any other item placed on any road, street or highway of the Town
for collection or to disturb or interfere in any way with any tin
cans, metal, rags, papers, boxes, rubbish, garbage or refuse of any
kind contained in such boxes, barrels or other containers or otherwise
placed within the vicinity of the curbline or roadway for pickup,
collection or recycling. When newspapers are so placed, they shall
become the property of the Town of Ossining; and it shall be unlawful
for any person, other than an owner, lessee, occupant or authorized
representative of the Town, to pick up, take, remove or tamper with
said newspapers and appropriate the same to his own use.
[Amended 3-26-1985 by L.L. No. 2-1985; 5-25-2010 by L.L. No. 1-2010]
Any person, firm or corporation violating any
provision of this article shall be punished by a fine of not less
than $100 nor more than $1,000 or by imprisonment for not more than
15 days, or both, for each offense, and a separate offense shall be
deemed committed on each day during or on which a violation occurs
or continues. The fact that any swill, garbage, refuse or rubbish
remains on any occupant's premises in the Town in violation of this
article shall be prima facie evidence that the occupant of such premises
is responsible for the violation of this article.
The provisions of this article shall supersede
any ordinance, rule, regulation, local law or parts thereof heretofore
enacted by the Town Board of the Town of Ossining that are in conflict
with this article.