The purpose of this chapter is to promote the
orderly collection of solid waste in the most economical and environmentally
acceptable manner in the Village of Elmsford as well as to protect
the health and safety of the public and to promote the recycling of
glass, metal, plastics, newspapers and other materials.
In this chapter the following terms shall have
these meanings:
Large metal fixtures and appliance items, including white
goods such as washing machines, stoves, refrigerators and hot water
heaters. This term shall not include any metal containers used to
store flammable or volatile chemical materials.
Glass, metal containers and plastics as defined in this section.
Discarded solid waste resulting from construction, remodeling,
repair and demolition of structures, walks, roads or other improvements
of property, and solid waste consisting of vegetation resulting from
land clearing and grubbing, utility line maintenance and seasonal
and storm-related cleanup. Such waste includes, but is not limited
to, bricks, concrete and other masonry materials, soil, rock, wood,
wall coverings, plaster, drywall, ceiling tiles, pipes, plumbing fixtures,
nonasbestos insulation, roofing shingles, asphalt pavement and glass,
plastics that are not sealed in a manner that conceals other wastes,
electrical wiring and components and metals that are incidental to
any of the above.
A metal receptacle used in the normal course of demolition,
construction or nonorganic rubbish removal for the purpose of storing,
containing and/or carrying on-site debris.
Refers to that area within unobstructed arms' reach of the
public street running along the front of the premises, but not within
the public street. Refuse pails, refuse bags or rubbish placed behind
any structure such as a fence or wall shall not be deemed to be curbside.
A metal receptacle for storage of on-site solid waste to
be collected by commercial carters, with the capacity of one cubic
yard or greater, which container is equipped with fittings for hydraulic
and/or mechanical emptying, unloading and/or removal. Unlike a container,
a dumpster shall have an affixed lid or cover.
Animal and vegetable waste that is subject to putrefaction,
resulting from the handling, preparation, cooking and consumption
of food, and other household waste that can be compacted, bagged and
placed in a refuse pail or refuse bag. Garbage does not include recyclables,
organic yard waste, bulk metal, or construction and demolition waste.
Glass jars, bottles and containers of clear, green or amber
(brown) color, used to store only food or beverages. This term excludes
light bulbs, drinking glasses, crystal, window/mirror glass, ceramics,
kitchen cookware, and containers that held hazardous materials such
as motor oil, pesticides, herbicides or solvents.
All ferrous and nonferrous food and beverage containers as
well as aerosol cans, including steel, aluminum and bimetal containers.
This term excludes conventional paint cans and metal containers that
held hazardous materials such as motor oil, pesticides, herbicides
or solvents.
All grass clippings, flowers, leaves, weeds, brush, branches
and twigs, and natural holiday trees and wreaths, but not including
any of such items to the extent that they may be included under the
definition of "construction and demolition debris."
Clean paper products, including but not limited to, newspapers,
including glossy inserts; brown paper bags; corrugated cardboard boxes;
phone books; magazines; and junk mail, including brochures, catalogs,
promotional advertisements, letters and all type of envelopes. This
term excludes waxed or gray cardboard (typically used for cereal,
pizza and tissues) and plastic or styrofoam packing materials.
All HDPE- or PET-type plastics (coded 1 or 2), including,
but not limited to, food, beverage, shampoo, and cleaning supply containers.
This term excludes five-gallon plastic pails, foam plastic materials,
film plastic, plastic bags, flower pots, toys, plastic items coded
3 through 7 and containers that held hazardous materials such as motor
oil, pesticides, herbicides or solvents.
Glass, metal and plastic containers, paper items, plastics,
bulk metals and organic yard waste.
All solid waste, including garbage, rubbish and ashes, but
excluding recyclables and body wastes.
A heavy-weight, puncture-resistant plastic bag not larger
than 33 gallons.
A durable, nonporous receptacle of a capacity not to exceed
33 gallons. Refuse pails shall be watertight, structurally sound,
maintained in a clean and sanitary condition, equipped with tight-fitting
lids, and they must be easily filled, emptied and cleaned, galvanized
iron cans, plastic cans, or similar receptacles.
Excluding garbage, recyclables and construction and demolition
debris, all household solid wastes that cannot be compacted, bagged
and placed in a container no larger than 33 gallons and are not subject
to putrefaction.
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess by the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substances and those in gaseous form. Such waste shall
include, but is not limited to, garbage, sludge, rubbish, ashes, incinerator
residue, street cleanings, dead animals, offal, abandoned vehicles,
agricultural waste, industrial waste, commercial waste, and construction
and demolition debris. All such waste must be generated on-site in
order to be subject to collection and removal by the Village.
No person shall throw or deposit or direct or
allow any agent or employee to throw or deposit upon any of the sidewalks,
streets, storm sewers, catch basins, parks or other public property
in the Village of Elmsford any refuse, recyclables or other waste.
A.
No person shall throw or deposit or direct or allow
any agent or employee to throw or deposit upon any vacant lot or parcel
of land any refuse, recyclables or other waste,
B.
No owner of any vacant lot or parcel of land upon
which any building or improvements may stand shall allow to remain
upon his property or on or along the sidewalk, street or alley adjacent
to his property between the property line and the curb or middle of
the alley or for 10 feet outside the property line, if there is no
curb, any refuse, recyclables or other waste.
Village-owned litter baskets located in any
public areas within the Village shall not be used for disposal of
refuse, recyclables or other waste generated by households, institutions
or commercial establishments. If a Village-owned litter basket or
collection site consists of one or more receptacles designated for
the separate collection of recyclables and nonrecyclable materials,
users shall be required to separate their litter into the designated
categories and to place it in the proper receptacle.
A.
Every owner or occupant of a building, every owner
or person entitled to the possession of any vacant lot and every person
having charge of any school or other public building in the Village
shall keep the sidewalks and walkways adjacent to such building or
lot clean and free of refuse, recyclables or other waste.
B.
No boxes, goods, wares or merchandise shall be left
on any sidewalk or walkway in the Village, except for the purpose
of loading or unloading the same, in which event such boxes, goods,
wares or merchandise shall not remain on any sidewalk or walkway for
more than 15 minutes.
All refuse and recyclables accumulated in the
Village shall be collected, conveyed and disposed of under the supervision
of the Village Administrator. The Village Administrator is authorized
to make and publish supplemental rules and regulations concerning
all matters pertaining to the collection, conveyance and disposal
of refuse and recyclables, including, but not limited to, the days
and time of collection of refuse and recyclables, the amount of refuse
and recyclables collected and requirements for permits to place dumpsters
and/or containers on streets. The Village Administrator is also authorized
to change and modify the same. All such rules and regulations and
any changes and modifications thereto must not conflict with the provisions
herein, shall be approved by and adopted by resolution of the Village
Board of Trustees and shall only be effective after a copy thereof
has been filed with the Village Clerk.
A.
No person shall place out for collection construction
and demolition debris, medical waste, body waste or any toxic or hazardous
materials prohibited by this Code or any County, state or other applicable
law.
B.
No person shall place out for collection any refuse
or recyclables not generated from the property from which the refuse
or recyclables are to be collected.
A.
Any neglect, failure or refusal to comply with any
provision of this article shall be deemed a violation thereof.
B.
Anyone violating any provision of this article shall
be subject to the penalties set forth as follows:
[Amended 7-10-2006 by L.L. No. 4-2006]
C.
Each and every day that such violation continues after a notice of
violation, summons or appearance ticket is served shall be considered
a separate and specific violation of this article and not a continuing
offense, except that no such notice of violation, summons or appearance
ticket need be issued for subsequent violations of this article within
one year of the issuance of such a notice of violation, summons or
appearance ticket for the same premises; in which case, the enforcing
officer may issue an appearance ticket.
[Amended 9-6-2017 by L.L. No.
4-2017]
