A.
Outdoor premises shall be kept free from any accumulation
of organic or inorganic material that might become a health, accident
or fire hazard.
B.
All garbage to be collected by the Village shall have
been generated on the property from which collection is to be made,
and shall be bagged and stored in an adequate number of refuse pails
or refuse bags.
C.
All rubbish to be collected by the Village shall be
placed at the curb in accordance herewith immediately in front of
the property from which it is generated, but not in the street, and
shall be of a cumulative size that shall not exceed 27 cubic feet
(three feet by three feet by three feet) in total. The Village shall
have no obligation to collect any rubbish in excess of a cumulative
total of 27 cubic feet (three feet by three feet by three feet) per
property, nor any rubbish that is not generated from the property
upon which it is placed for collection. Any rubbish that does not
comply with this section and is left at curbside by the Village must
be removed by the owner/occupant of the premises and stored out of
view of the public street. In the event an owner or occupant expects
that he/she will have acceptable rubbish in excess of 27 cubic feet
(three feet by three feet by three feet), they may contact the Highway
Superintendent at the Village's Department of Public Works and arrange
for pick up in accordance with the Superintendent's scheduling and
at the Superintendent's discretion.
D.
Owners or occupants of properties who contract for
dumpsters or containers for the storage of refuse to be collected
by commercial carters shall comply with the following requirements:
[Amended 7-10-2006 by L.L. No. 4-2006]
(1)
Such dumpsters and containers shall be kept and maintained
in a clean and sanitary condition. The lids on dumpsters shall be
completely closed at all times or covered except when actually being
used for deposit or collection of solid waste. The contents of the
dumpster or container shall not rise above its sides. No refuse, litter
or debris shall be left on the ground near the dumpster or container
or otherwise outside the dumpster or container.
(2)
All dumpsters and containers shall be posted with
a conspicuous sign or decal with the name, telephone number, and address
of the licensed carter. All authorized users and carters shall be
jointly and severally responsible for any violation of this chapter.
E.
A permit is required to place a dumpster or container
on the street.
(1)
An application for a permit shall be made in writing
to the Village Administrator.
(2)
The Village Administrator shall not issue any permit
under the provisions of this section unless:
(b)
The applicant has complied with all regulations
regarding the granting of the permits.
(c)
The applicant has filed with the Village Clerk
a certificate of insurance for an insurance policy.
[1]
The insurance policy must be issued by an insurance
company authorized to do business in New York State.
[2]
The insurance policy must list the Village of
Elmsford as an additional insured on such policy.
[3]
The insurance policy must indemnify and save
harmless the Village of Elmsford from any and all judgments, costs
or expenses which the Village may incur or suffer by reason of granting
a permit and/or license.
[4]
Each such policy and each such certificate must
have endorsed thereon: "No cancellation of or change in this policy
will become effective until after the subject item has been removed
or until after 30 days' written notice of such cancellation or change
has been given by registered mail to the Village Clerk, Village of
Elmsford, New York 10523."
[5]
All required insurance must be in effect throughout
the time that the dumpster or container is on the street in no less
than the amounts that the Board of Trustees has established by general
resolution.
[6]
Proof of every renewal of the required insurance
policy must be filed with the Village Clerk.
(d)
The permit applicant and the owner or occupant
of the premises using the dumpster or container must immediately remove
the dumpster or container in the event that the required insurance
policy becomes ineffective or the dumpster no longer has a valid permit.
Otherwise, the Village of Elmsford may remove the dumpster or container,
and said permit applicant and the owner and/or the occupant of the
premises will be jointly and severally liable for the expenses the
Village incurs in removing and disposing of the dumpster or container.
(e)
The permit shall be limited to a period to be
determined by the Village Administrator. If no expiration date is
stated in the permit, the expiration date shall be 15 days from issuance.
In either case, the dumpster or container must be removed prior to
the expiration of the permit.
(f)
The permit shall contain such additional requirements,
limitations and restrictions as are necessary to ensure the public
safety.
(g)
The location of such dumpster or container shall
be subject to all Village regulations pertaining to alternate side
of the street parking, and the dumpster or container shall be moved
in accordance therewith.
(3)
All dumpsters and containers placed upon the street
shall be placed on wooden planks or similar protective material in
order to avoid damage to the street or paved area on which same is
to be placed. All dumpsters and containers left on the street shall
be marked with conspicuous reflective tape or reflectors so that drivers
of vehicles and pedestrians will see the obstruction on the roadway.
(4)
The applicant shall indemnify and hold the Village
of Elmsford, its officials and employees harmless for any damage to
the street or other damage to property or injury to persons resulting
from the placement of the dumpster and/or container in the street.
A.
The schedule for collection of garbage, rubbish and
other solid wastes shall be established annually by the Village Administrator
and set forth in a recycling/sanitation schedule to be made available
to all residents of the Village.
B.
All residents shall place for collection their refuse
pails or refuse bags containing garbage or rubbish or, if not in a
pail, rubbish not in excess of 27 cubic feet (three feet by three
feet by three feet) curbside in accordance with the recycling/sanitation
schedule.
C.
In residential districts, no refuse pails or rubbish
not in refuse pails as provided above shall be placed for curbside
collection prior to 8:00 p.m., on the day before the scheduled pickup,
Refuse bags containing garbage shall not be placed curbside for collection
prior to 6:00 a.m. on the day of the scheduled pickup. Empty refuse
pails shall be removed from curbside before the end of the day on
which collection is made from the premises.
D.
When not placed out for collection, refuse pails and
refuse bags shall be maintained on the premises, out of view from
any public street. In addition, refuse bags shall be maintained in
such a manner as to avoid their being torn open by animals.
E.
In districts other than the residential districts,
garbage and rubbish shall be placed out for collection at the outer
edge of the sidewalk only on the days of collection not earlier than
6:00 a.m. and shall not be left out after the collection has been
completed. At all other times in the business districts, it shall
be impermissible to store garbage outside in front of the building,
either on public or on private property, including, but not limited
to, setback areas, alcoves and vestibules. Where a building is located
on a corner, any side of the building that faces a public street shall
be considered the front of the building.
F.
Each resident shall be responsible for pick up and
proper disposal of any garbage or rubbish that may have been left
on their property or in the area of their property after collection
for any reason.
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]
