[Adopted 4-25-1988 by L.L. No. 34-1988]
[Amended 10-26-1988 by L.L. No. 38-1988; 3-20-1991 by L.L. No. 1-1991]
It is the goal of the Village of Montebello to reduce the total amount of solid waste disposed of by the Village. To accomplish this goal, the Village desires to implement a recycling program mandating the separation of recyclables from other refuse produced by residential and nonresidential premises. This program is further designed to protect the health and safety of the residents of the Village.
A. 
For the purposes of this article, certain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a different meaning is intended. When not inconsistent with the context, the present tense shall include the future, and words used in the plural shall include the singular and vice versa. Further, a masculine pronoun shall include the feminine. The word "shall" is always mandatory and not merely directory.
B. 
As used in this article, the following words shall have the meanings indicated:
CARDBOARD
A thick paperboard, brown in color, including, but not limited to corrugated boxes, cardboard cartons, pasteboard and similar corrugated materials.
[Added 10-26-1988 by L.L. No. 38-1988]
HOUSEHOLD CONTAINERS
Shall have the meaning of common usage as set forth in the latest edition of Webster's New Collegiate Dictionary. Shall include bottles, cans and containers of all types usually associated with foodstuff, beverages and household cleaning agents and supplies.
[Added 3-20-1991 by L.L. No. 1-1991]
LEAVES
Shall have the meaning of common usage as set forth in the latest edition of Webster's New Collegiate Dictionary. Not included in the definition are twigs, stems, branches or grass clippings.
[Added 10-26-1988 by L.L. No. 38-1988]
NEWSPAPER
A paper product printed on newsprint, including all newspapers, newspaper advertisement, supplements, comics and enclosures. Not included in this definition are magazines and telephone books.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PLASTIC, GLASS and METAL
Shall have meaning of common usage as set forth in the latest edition of Webster's New Collegiate Dictionary.
[Added 3-20-1991 by L.L. No. 1-1991]
PROHIBITED ACT
No person shall place recyclables in the same refuse receptacle or otherwise mix with other forms of refuse for collection, removal or disposal.
[Amended 10-26-1988 by L.L. No. 38-1998; 3-20-1991 by L.L. No. 1-1991]
RECYCLABLES
Newspaper, cardboard, leaves, and plastic, glass and metal household containers shall be collectively known as.
[Added 3-20-1991 by L.L. No. 1-1991]
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, waste paper, trash, construction and demolition debris and ashes.
VILLAGE
The Village of Montebello.
[Amended 10-26-1988 by L.L. No. 38-1988; 3-20-1991 by L.L. No. 1-1991]
No person shall place recyclables in the same refuse receptacle or otherwise mix with other forms of refuse for collection, removal or disposal.
A. 
Newspaper shall be separated from all other refuse.
B. 
Newspapers shall be bundled.
C. 
Ownership of recyclables set out for collection shall vest in the Village. It shall be unlawful for a person to collect, remove or dispose of recyclables which are the property of the Village without first having obtained the permission of the Village.
[Amended 10-26-1988 by L.L. No. 38-1988; 3-20-1991 by L.L. No. 1-1991]
D. 
Any person being the original household, industrial or business owner may donate or sell recyclables to any person, whether operating for profit or not for profit. Said persons may not, however, under any circumstances, pick up said recyclables from the curbside in the Village.
[Amended 10-26-1988 by L.L. No. 38-1988; 3-20-1991 by L.L. No. 1-1991]
E. 
The Village Board is hereby empowered to designate the days of the week on which recyclables will be collected.
[Amended 10-26-1988 by L.L. No. 38-1988; 3-20-1991 by L.L. No. 1-1991]
F. 
No person having custody or control of residential, industrial or business premises within the Village shall permit or cause any recyclables, within his control, to become a hazard or potential hazard to public travel, health or safety or to become a nuisance of any sort.
[Amended 10-26-1988 by L.L. No. 38-1988; 3-20-1991 by L.L. No. 1-1991]
G. 
Cardboard shall be separated from all other refuse.
[Added 10-26-1988 by L.L. No. 38-1988]
H. 
Cardboard shall be bundled.
[Added 10-26-1988 by L.L. No. 38-1988]
I. 
Leaves shall be separated from all other refuse.
[Added 10-26-1988 by L.L. No. 38-1988]
J. 
Leaves shall be placed in plastic bags having a weight of no more than 60 pounds. The pickup of leaves shall be conducted during the period of October 1 through December 31. There shall be no Village pickup during any other time of the year.
[Added 10-26-1988 by L.L. No. 38-1988]
K. 
Household containers shall be separated from all other refuse.
[Added 3-20-1991 by L.L. No. 1-1991]
L. 
Household containers shall be placed curbside, commingled, in a container supplied by the Village, or approved by the Village, for pickup purpose.
[Added 3-20-1991 by L.L. No. 1-1991]
The Mayor or the Village Board, as the case may be, is hereby empowered to promulgate rules and regulations as may be deemed necessary to effectuate the intent and requirements of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The Police Department of the Town of Ramapo and/or the Building Inspector, his designees or any Code Inspector of the Village shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Amended 10-26-1988 by L.L. No. 38-1988]
Any person who shall violate this article or who shall knowingly assist therein shall be subject to the following penalties:
A. 
Upon the first or second offense, the refuse shall not be collected.
B. 
For a third or subsequent offense, the refuse shall not be collected and the offender shall be subject to a fine of not less than $50 nor more than $100.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Added 1-20-1993 by L.L. No. 1-1993]
Rockland County Local Law Number 6 of 1990, as may be amended from time to time, and the regulations attendant thereto, collectively referred to herein as the “County Recycling Law,” shall be considered as a part of this article, and shall supersede and control any provisions or requirements herein less stringent than, or conflicting with, the County Recycling Law. The County Recycling Law shall be interpreted as adding to this article. This article shall not be interpreted or applied in a way subtracting from the County Recycling Law. All terms, provisions and definitions herein shall also be understood to include those terms, provisions and definitions contained within the County Recycling Law, but not contained herein. To the extent of any conflict the County Recycling Law shall control.