[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 2-25-1991 as L.L. No. 2-1991. Amendments noted where applicable.]
Whereas the conservation of recyclable materials is now a necessity in order to conserve natural resources, the cost of solid waste disposal is ever increasing, and available landfill facilities are rapidly decreasing, it is the intent of the Board of Trustees of the Village of Bayville to establish a program for the mandatory separation of recyclables from garbage and rubbish within the village. Such a program will reduce both the amount of solid waste to be disposed of and the cost of disposal.
This chapter of the Code of the Village of Bayville shall regulate the separation of recyclables by residents and establishments within the village.
As used in this chapter, the following terms shall have the meanings indicated:
- DEPOSIT RETURNS
- Glass, metal or plastic containers used for the sale of beverages for which a deposit is required under New York State law.
- The owner, agent, landlord, tenant or occupant of commercial, industrial and institutional facilities. Establishments which contract for the private collection of refuse are excluded from the program.
- Discarded material which may be reclaimed, comprising solid waste in the form of paper, glass, metals and plastics, which may be further defined as follows:
- A. Newspapers, cleaned and unsoiled, including newsprint, all newspaper advertisements, supplements, comics and enclosures only.
- B. Glass consisting of clear, amber and green unbroken glass food containers. Milk bottle glass is excluded.
- C. Metals consisting of ferrous and bimetal cans and aluminum cans.
- D. Plastic containers used to hold food and beverage and household commodities.
- The owner, agent, landlord, tenant or occupant of any building or portion thereof used for residential dwelling purposes.
All recyclables shall be properly separated and not be placed in the same garbage can or mixed with other forms of solid waste for collection.
No deposit returns shall be placed in recycling containers for collection, but rather shall be returned for redemption or delivered to the village recycling facility.
Newspapers shall not be placed in containers with other recyclables. Rather, they shall be securely tied in bundles of less than forty (40) pounds each.
All recyclables, excluding newspapers, shall be placed in one (1) or more recycling containers provided for that purpose by the Village of Bayville. In the event that the amount or size of the recyclables exceeds the capacity of the designated containers, the excess shall be placed in separate weatherproof containers alongside the designated containers for collection. The use of plastic bags for recyclables is not permitted.
All bottles and containers shall be rinsed clean of food, liquid, and/or beverage residue.
Ferrous and bimetal cans shall be rinsed clean of food residue.
It shall be unlawful for any person, other than designated Department of Sanitation employees, to remove or dispose of recyclables once placed for collection. Each such removal in violation hereof shall constitute a separate and distinct offense.
Any resident or establishment may deliver recyclables to the village recycling facility and place them in the designated containers.
Recycling containers will be provided by the Village of Bayville. Such containers shall remain the property of the village and must be kept in good and clean condition. Recycling containers shall not be used for any other purpose other than as described in this chapter. In the event that such containers are lost, damaged or stolen, additional containers shall be obtained from the Village Clerk at a cost to be determined by resolution of the Board of Trustees.
Residents and establishments shall affix their respective street addresses to any recycling container provided to them by the Village of Bayville by means of a waterproof marker or by other means with indelible ink.
The schedule for collection of recyclables shall be fixed from time to time by resolution by the Village Board of Trustees.
All residents and establishments shall comply with the provisions of this chapter. The village shall not collect recyclables from commercial, industrial or institutional facilities which contract for the private collection of refuse.
Where any recyclable is placed in an improper container or is not bundled or tied securely as hereinabove provided, the village reserves the right to refuse to collect the item or material.
Recyclables and recycling containers shall be neatly placed for collection just inside the front property line of the premises, preferably near the driveway or such other location as will facilitate collection.
No recyclables 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.
No resident or establishment within the Village of Bayville shall permit or cause any recyclables connected with such premises to become a hazard or potential hazard to public travel, health or safety or to become a nuisance of any sort.
In the event that a resident or establishment shall fail to separate and prepare recyclables for collection in accordance with the provisions of this chapter, the village reserves the right to suspend the collection of all refuse and solid waste from such premises until the violation has been corrected.
The Village Board or its duly authorized agents shall be permitted, from time to time, to promulgate such other rules or regulations as may be deemed necessary to effectuate the intent of this chapter.
A person convicted of violating any provision of this chapter shall be guilty of a violation which is punishable as follows:
For a first conviction, by a fine of ten dollars ($10.).
For a second conviction within one (1) year, by a fine of twenty-five dollars ($25.).
For a third conviction within one (1) year, by a fine of fifty dollars ($50.).
For a fourth conviction within one (1) year, by a fine of not less than one hundred dollars ($100.) nor more than two hundred fifty dollars ($250.).
It shall be the duty of the Sanitation Foreman or the Code Enforcement Officer to administer and enforce the provisions of this chapter.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.