[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 2-25-1991 as L.L. No. 3-1991. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Refuse and Cesspool Waste Law of the Incorporated Village
of Bayville."
For the purposes of this chapter, the terms
used herein are defined as follows:
Residue from the combustion of solid fuels.
Residue resulting from minor noncommercial repairs to a private
dwelling made by the owner or occupant thereof himself.
Residue resulting directly from building construction, reconstruction,
repair or demolition; from grading, shrubbing or other incidental
work in connection with any premises; or from replacement of building
equipment or appliances.
A standard Dempster-Dumpster, Galion E-Z Pack front-end-loading-type
container or an equal container for refuse that can be hauled directly
to the point of disposal or emptied into a larger compactor-type truck
for disposal.
Sewage and body waste.
Waste originating in and around commercial establishments,
hotels, restaurants, cafeterias, grocery stores and nonpublic institutions.
Glass, metal or plastic containers used for the sale of beverages
for which a deposit is required under New York State law.
All putrescible wastes, except cesspool waste, including
waste accumulations of animals or vegetable matter, and waste that
attends the preparation, use, cooking, dealing in or storing of meat,
fish, fowl, fruit and vegetables. Garbage also includes but is not
limited to offal, litter and filth. The term "garbage" shall not include
recognized industrial by-products.
A solid waste, or combination of solid wastes,
which, because of its quantity, concentration or physical, chemical
or biological characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness; or
Cause or significantly contribute to a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
Such wastes shall include, but not be limited
to, wastes which are bioconcentrative, highly flammable, explosive,
highly reactive, toxic, poisonous, radioactive, irritating, sensitizing
or infectious and shall also include wastes that are solid, semisolid,
liquid or contained gases and a solid waste which appears on the list
or satisfies the criteria promulgated by the Commissioner of Environmental
Conservation of the State of New York, pursuant to § 27-0903
of the New York State Environmental Conservation Law.
Waste resulting directly from industrial or manufacturing
operations.
Waste originating in and around tax exempt hospitals and
public, charitable, philanthropic or religious institutions conducted
for the benefit of the public. Institutions not covered by the foregoing
definition shall be considered commercial establishments.
Any noncoated paper sold or distributed at regular or irregular
intervals to convey or report news, opinions, advertisements or other
matters of public or private interest, but excluding all magazines,
books, other periodicals, brochures, posters, cardboard, boxes, containers
and other paper or paper products of any kind or nature whatsoever.
Discarded material which may be reclaimed, comprising solid waste in the form of paper, glass, metals and plastics as further defined in Chapter 57, Recycling, of this Code.
All putrescible and nonputrescible wastes, including garbage,
rubbish, ashes, newspapers, dead animals or fowl, discarded vehicles,
cesspool waste and commercial, industrial and institutional wastes.
Solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans,
yard clippings, leaves, wood, glass, bedding, discarded furniture,
crockery, street cleanings and similar materials.
A.
Garbage. All garbage shall be drained of surplus liquid,
shall be properly bagged or wrapped and shall be placed in a nonleaking
metal or plastic container with a tight-fitting cover, strong handles
and a capacity of not less than 10 nor more than 32 gallons. The weight
of such container when loaded shall not exceed 75 pounds, and the
total weight of all containers shall not exceed 150 pounds. The container
shall be kept in a sanitary condition. The covers shall be kept secure
and fastened at all times, except when depositing or removing garbage,
so that flies, insects, dogs and other scavengers cannot gain access.
B.
Rubbish.
(1)
All rubbish of a kind which, by its nature, can be
scattered about unless securely confined shall be placed and kept
in containers of a type which will prevent the contents thereof from
sifting out or from being scattered or blown about. All other rubbish
shall be placed into containers, unless too large in size, in which
case it shall be neatly placed while awaiting collection.
(2)
Brush and branches shall be tied in bundles not larger
than four feet in length and 18 inches in diameter.
(3)
Rubbish containers shall be of a type suitable for
the material therein deposited. Such containers are preferably to
be of wood or metal, but baskets, burlap, cloth or plastic bags and
substantial cartons may be used for light rubbish such as leaves,
etc. Rubbish that cannot readily be placed in containers shall be
reduced in volume as much as possible and securely tied to permit
speedy handling.
(4)
The combined weight of each rubbish container and
its contents shall not exceed 75 pounds.
C.
Ashes. All ashes shall be placed and kept in secure
containers, packaged in such a manner that they will not be blown
about or easily spilled. All ashes shall be cool and dry when placed
in such containers.
The schedule for collection of refuse shall
be fixed from time to time by resolution of the Board of Trustees.
A.
Where any item of refuse placed for collection exceeds
the weight of 75 pounds, the Village reserves the right to refuse
to collect the material, to defer the collection, to collect the material
in part or to make a special collection thereof at a charge to be
determined by the Sanitation Foreman, based upon the cost to the Village
of the personnel and equipment required therefor, plus reasonable
overhead. Such special collection services shall be rendered only
at the convenience of the Department of Sanitation, subject to the
availability of personnel and equipment and without liability for
delay.
B.
Where any refuse is placed in an improper container
or is not securely tied as hereinbefore provided, the Village reserves
the right to refuse to collect the material.
C.
Refuse shall be placed for collection just inside
the front property line of the premises, preferably near the driveway
or such other location as will facilitate collection.
D.
No refuse shall be placed for collection at any time
earlier than the evening before such collection is scheduled. All
containers shall be promptly removed within a reasonable time after
collection has been completed and shall be stored in a safe and sanitary
location which will not create a visual nuisance to neighboring property
owners.
E.
The Village reserves the right to refuse to collect
any refuse until any violations hereunder have been corrected.
The following materials shall not be collected
by the Village, and no person shall place any of the following in
any container for collection by the Village nor place such items for
collection by the Village in any manner:
A.
Broken glass, metal with jagged or sharp edges or
other similar material unless such material is properly packaged so
as to avoid injury to the persons collecting the same.
B.
Industrial refuse.
C.
Wearing apparel, bedding or similar items from homes
or other places where highly infectious or contagious diseases have
prevailed.
D.
Gasoline, benzene, kerosene, turpentine or similar
explosive, combustible, flammable or highly volatile liquid.
E.
Cartridges, shells, ammunition, gunpowder or explosives.
F.
Household appliances and furnishings weighing over
75 pounds or having dimensions greater than six feet by three feet
by three feet unless such items are dismantled and reduced in weight
and size below the foregoing dimensions; except, however, that such
items may be placed for collection at such times as shall be designated
by the Village.
G.
Building rubbish, but not including building debris.
H.
Trees, tree stumps or limbs.
I.
Dead animals or fowl.
J.
Discarded vehicles.
K.
Commercial, industrial and institutional refuse.
L.
Hazardous or toxic waste in any form.
M.
Waste and residue resulting from industrial and chemical
process.
N.
Automotive and machine parts resulting from the repair
of mechanical devices.
O.
Defecated materials, earth, stone and building and
property renovation materials.
P.
Used motor oil, which shall only be disposed of by
delivery to a service station which is required under state law to
accept such material.
A.
Commercial, industrial and institutional establishments
shall contract with a private collector for the collection of refuse.
Such collection shall be made on a regular basis and at sufficient
intervals so as to prevent the unsafe, unsightly or unsanitary accumulation
of such refuse.
B.
The owner or occupant of any commercial, industrial
or institutional establishment may, in addition to the containers
required by this chapter, maintain one or more bulk storage containers
outside of said establishment, in a location approved by the Sanitation
Foreman, and on such additional terms and conditions as said official
may impose, in addition to those contained in this chapter, to protect
the health, safety and welfare of the public.
C.
Bulk storage containers, if so maintained, shall be
furnished by and remain in the property of the owner or occupant,
shall be verminproof, shall be used only for the storage of refuse
and shall be plainly marked with the name of the owner or occupant.
D.
Care and maintenance of bulk storage containers shall
be the responsibility of the owner or occupant, as the case may be,
and the Sanitation Foreman shall have the authority to direct that
any container be cleaned, sanitized, painted, repaired or replaced
as necessary.
E.
Refuse shall be completely contained within the bulk
storage container. No refuse shall be permitted to accumulate outside
the confines of the container nor in such fashion or manner that the
container cover cannot be firmly closed. Bulk storage container covers
shall be kept closed at all times.
A.
No person other than an authorized employee of the
Village shall remove refuse of any kind from any premises nor cart
or transport said refuse through or upon the streets of the Village
without first having obtained the required permits from the Nassau
County Health Department.
B.
Each private collector shall maintain an adequate
and prompt collection service.
C.
Vehicles used by private collectors shall be kept
in a sanitary condition and constructed so that no leakage or spillage
occurs when the vehicle is collecting or transporting refuse. Vehicles
for garbage shall be packer-type or approved-type vehicles. Vehicles
for rubbish, debris and similar materials shall have a top or canvas
cover to prevent scattering of materials. All vehicles shall be subject
to inspection by the General Foreman.
D.
Private collectors of refuse within the Incorporated
Village of Bayville shall make such collections between the hours
of 7:00 a.m. and 6:00 p.m.
A.
No person shall clean a cesspool or remove the contents
thereof and transport same through or upon the streets of the Village
without first having obtained the required permit from the Nassau
County Health Department.
B.
Vehicles used by private collectors shall be kept
in a sanitary condition and constructed so that no leakage or spillage
occurs when the vehicle is collecting or transporting cesspool waste.
C.
Private collectors of cesspool waste shall make such
collections between the hours of 7:00 a.m. and 6:00 p.m., except in
emergency situations.
The following items and materials shall be properly
separated from all other refuse, garbage, solid waste and discarded
material and placed for collection or disposed of as otherwise provided
in this Code.[1]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A person convicted of violating any provision of this chapter
shall be guilty of a violation which is punishable as follows: by
a maximum fine of not more than $500 or 15 days' imprisonment, or
both.