[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 2-25-1991 by L.L. No. 2-1991. Amendments noted where
applicable.]
A.Â
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.
B.Â
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:
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:
Newspapers, cleaned and unsoiled, including
newsprint, all newspaper advertisements, supplements, comics and enclosures
only.
Glass consisting of clear, amber and green unbroken
glass food containers. Milk bottle glass is excluded.
Metals consisting of ferrous and bimetal cans
and aluminum cans.
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.
A.Â
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.
B.Â
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.
C.Â
Newspapers shall not be placed in containers with
other recyclables. Rather, they shall be securely tied in bundles
of less than 40 pounds each.
D.Â
All recyclables, excluding newspapers, shall be placed
in one 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.
E.Â
All bottles and containers shall be rinsed clean of
food, liquid, and/or beverage residue.
F.Â
Ferrous and bimetal cans shall be rinsed clean of
food residue.
G.Â
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.
H.Â
Any resident or establishment may deliver recyclables
to the Village recycling facility and place them in the designated
containers.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
[Amended 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.
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.
