[Amended 12-29-1969 by L.L. No. 2-1969; 5-24-1971 by L.L. No. 4-1971; 1-16-1990 by L.L. No. 1-1990; 12-10-1990 by L.L. No.
47-1990]
For the purpose of this article, the following
terms, phrases, words and other derivations shall have the meanings
given herein:
The residue from burning wood, coke or other combustible
material.
Refers to the departmental collection service for all commercial
establishments, including but not being limited to a building under
one roof housing four or more living units, boardinghouses, rooming
homes, stores, office buildings, restaurants, service stations and
garages, laundries and cleaning establishments, industrial establishments
and all other places not classed as residential which produce or accumulate
solid waste and do not utilize private noncurbside collection.
Refuse reduced in volume by the application of pressure thereto.
Includes paper, glass, metals, plastics, garden and yard
waste and such other elements of solid waste as may be designated
or defined by rules or regulations adopted by the Superintendent.
[Added 8-17-1992 by L.L. No. 6-1992]
Refers to collection from that area within unobstructed arms'
reach of the public street. Containers placed behind any structure
such as a fence or wall or place below the ground surface are not
included in this definition and shall be excluded from curbside service.
The common twenty- through thirty-two-gallon plastic or galvanized
iron garbage can with a well-fitting lid, a plastic bag of similar
capacity or a molded polyethylene barrel, available in various capacities,
specifically designed to be picked up by hand and used to store solid
waste generated at residences and small businesses.
Refers to the Village Sanitation Department or the entity
authorized by contract with the Village to provide curbside collection
service on behalf of the Village.
Refers to the accumulation, storage, collection or transportation
of solid waste to a transfer facility, disposal site, sanitary landfill
or resource-recovery facility or other Village-authorized facility.
Unless otherwise indicated, all references to "collection" shall be
deemed to include the term "disposal."
Refers to instances in which the full avoided costs of proper
collection, transportation and disposal of source-separated materials
are equal to or greater than the cost of collection, transportation
and sale of said material less the amount received from the sale of
said material.
[Added 8-17-1992 by L.L. No. 6-1992]
Putrescible, animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Refers to the private collection of refuse in noncurbside
areas of property prescribed by the Superintendent by rule or regulation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish and ashes.
Refers to single-family dwellings, duplexes, triplexes and
variations thereof so long as the number of living units contained
within does not exceed three. Each living unit of a duplex or triplex
shall be deemed a separate "residence."
The departmental collection service for residences.
Nonputrescible solid waste, including ashes, consisting of
both combustible and incombustible wastes such as paper, cardboard,
tin cans, yard clippings, street cleanings, wood, glass, fabric, crockery
and similar materials.
An area designated by the Superintendent where containers
shall be placed for pickup by the Sanitation Department.
The Superintendent of Public Works of the Incorporated Village
of Freeport.
The Incorporated Village of Freeport.
A.
Separation of refuse. Garbage, ashes and rubbish shall be placed and maintained in separate refuse and curbside containers, except that garbage, ashes and rubbish need not be separated when deposited for collection in a refuse container as described under § 120-9E(4).
B.
Preparation of refuse.
(1)
Garbage. All garbage, before being placed in garage
cans for collection, shall have all free liquids drained from it and
may be wrapped in paper.
(2)
Rubbish. All rubbish shall be drained of liquid before
being deposited for collection.
(3)
Trimmings and clippings. Tree trimmings, hedge clippings
and similar material shall be cut to a length not to exceed four feet
and shall be securely tied in bundles not more than two feet thick
before being deposited for collection.
D.
Notwithstanding Subsections A and B hereinabove, pursuant to § 120-aa of the General Municipal Law of the State of New York, as amended by Chapter 70 of the Laws of 1988, the Incorporated Village of Freeport hereby requires the source separation and segregation of recyclable or reusable materials from solid waste at its sources within the Village. In particular, all solid waste which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be separated at its sources within the Village into recyclable, reusable or other components for which economic markets for alternate uses exist. The Superintendent is authorized and directed as necessary to designate or define as components other elements of solid waste by rules or regulations. The Superintendent is further authorized and directed, in furtherance of the policy contained in § 120-aa of the General Municipal Law, to adopt rules or regulations consistent with common practice and applicable law to implement said policy and a program of source separation and segregation of recyclable, reusable or other components.
[Added 8-17-1992 by L.L. No. 7-1992]
A.
Duty to provide and maintain in sanitary condition.
It shall be unlawful for any person who is the owner, lessee or tenant
or who has the management or control of or who occupies any building
or land in the Village not to keep such building or land at all times
free and clear of any accumulation of ashes, garbage, rubbish and
refuse, except such as may be deposited in containers or is otherwise
secured as provided for in this article for collection and disposal.
B.
It shall be unlawful for any person to deposit any
ashes, garbage, rubbish or refuse on any lot or plot of land or in
any building in the Village, except in containers or otherwise secured
as provided for in this article.
C.
It shall be unlawful to place or cause to be placed
any solid waste upon the property of another.
D.
It shall be the duty of every person having the management
or control of or occupying any land or building to provide sufficient
containers to hold all accumulations of ashes, garbage, rubbish and
refuse ordinarily accumulated on the premises during 96 consecutive
hours. Rubbish which cannot readily be deposited in any container
may be compactly and securely tied, bundled or packed so as to be
easily handled and not likely to be scattered and not weighing more
than 50 pounds and, when so packed and secured, may be piled alongside
such containers.
E.
Requirements for containers.
(1)
Garbage. Garbage containers shall be made of metal
or plastic, shall be equipped with suitable handles and tight covers
and shall be watertight and maintained in a sanitary condition by
periodic cleansing. Such receptacles shall have a capacity of not
more than 32 gallons and, when filled, shall not weigh more than 50
pounds.
(2)
Ashes. Ash containers shall be made of metal and have
a capacity of not more than 20 gallons.
(3)
Rubbish. Rubbish containers shall be of a kind suitable
for collection purposes and, when filled, shall not weigh more than
50 pounds.
(4)
Refuse. Containers of a one-yard capacity or larger
shall be suitable for garbage, ashes and rubbish and shall be of a
type approved by the Superintendent.
(5)
An amount of refuse consisting of one cubic yard or
more at any one premises shall be placed in a single container having
a capacity of no less than one cubic yard.
F.
Identification. Each container shall clearly and legibly
indicate the street address of the user on the body of the container.
No employee of the Village Sanitation Department
or Village-authorized refuse collector shall be required to enter
a building or structure to gather or collect any waste material in
the course of his duties. No employee shall accept or receive any
tip or gratuity for the performance of his duties or solicit money
for any purpose in connection therewith.
A.
The Village shall provide curbside collection and
disposal service for each and every parcel of real property located
in the Village which complies with this article and the rules and
regulations promulgated pursuant hereto. Village curbside collection
shall be required for all residences. Commercial collection will be
required for all other users not classed as residential which utilize
curbside collection or do not utilize private noncurbside collection.
B.
The Board of Trustees of the Incorporated Village
of Freeport shall establish, by rule or regulation, the quantity of
garbage, rubbish and refuse to be collected from each parcel of real
property.
C.
There shall be a separate charge for all garbage, rubbish and refuse collected by the Sanitation Department in excess of the quantity established pursuant to Subsection B hereof. Said scale of charges shall be established by rule or regulation of the Board of Trustees.
D.
There shall be a separate charge for all accepted
garbage, rubbish and refuse directly disposed of by Village users
at any disposal site or transfer facility maintained and operated
by Village-authorized personnel. Said scale of charges shall be established
by rule or regulation of the Board of Trustees.
E.
The Superintendent shall have the authority to prescribe
rules and regulations concerning the days of collection, type and
location of waste containers and such other matters pertaining to
collection, disposal and direct disposal as he shall find necessary
and to change and modify the same, provided that such regulations
are not contrary to the provisions of this article.
F.
All rules or regulations established by the Board
of Trustees pursuant to this article shall not take effect unless
published once in the official newspaper of the Incorporated Village
of Freeport.
A.
The Board of Trustees of the Incorporated Village
of Freeport shall establish by resolution annual rates and charges
to be imposed upon each residential and commercial customer based
upon each person's usage and the recommendations of the Superintendent.
B.
Charges for collection and disposal shall be billed
separately as a line item or items along with the Village property
tax bills and shall likewise be due and payable in two installments.
C.
All residential properties and all commercial properties
as defined herein, except those commercial properties determined by
the Superintendent to exclusively be using private noncurbside refuse
collection, shall be billed for collection and disposal services.
D.
A commercial user electing to utilize private noncurbside
collection may make application to the Superintendent for removal
from curbside collection. The Superintendent shall approve said removal
upon satisfactory documentation that the applicant has contracted
with a bona fide hauler for private noncurbside collection for all
its refuse collection. Removal shall become effective with the next
tax year.
E.
Payment for excess garbage collection service shall
be made at the office of the Village Treasurer during established
business hours within 20 days of the rendition of the bill. All bills,
including those paid by mail, shall be considered in arrears if not
received in the Treasurer's office within said 20 days.
F.
Payment for direct disposal of garbage, rubbish and
refuse at a Village disposal site or transfer facility shall be made
as determined and established by rule or regulation of the Board of
Trustees.
G.
At premises where excess charges remain unpaid for
30 days after they become due and payable, the collection of excess
garbage, rubbish and refuse shall be immediately discontinued.
H.
All unpaid charges with penalties and interest thereon,
as provided for by this article, shall be a lien on the real property
upon which or in connection with which excess garbage collection service
has been used.
I.
All amounts uncollected for service charges, penalties,
interest and other related charges for which bills have been rendered
shall be considered delinquent for purposes of payment and the imposition
of interest and penalties consistent with the current schedule for
timely payment of real property taxes and shall have interest and
penalties for any such delinquent payment added at the same rate as
provided by the Real Property Tax Law for the late payment of Village
real property taxes not paid and delinquent, and any such amounts
shall become a lien to be separately placed on the tax roll of the
Village prepared for the next tax year.
In the event that any provision of this article
is declared unconstitutional or invalid or the application thereof
to any person or circumstances is held invalid, the applicability
of such provision to other persons and circumstances and the constitutionality
or validity of every other provision of this article shall not be
affected thereby.
