[Adopted 5-25-1988 by L.L. No. 7-1988]
This article shall be cited and may be referred to hereinafter as the "Mandatory Recycling Law of the Town of Ramapo" and shall apply to the unincorporated area of the Town.
[Amended 8-24-1988 by L.L. No. 8-1988; 11-27-1991 by L.L. No. 15-1991; 2-6-2012 by L.L. No. 2-2012]
It is the goal of the Town to reduce the total amount of solid waste generated in the unincorporated area of the Town. To accomplish this goal, the Town desires to implement a recycling program mandating the separation of recyclables from other refuse produced by residential and nonresidential premises. This program is also designed to protect the health and safety of the residents of the Town.
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:
[Amended 8-24-1988 by L.L. No. 8-1988; 11-27-1991 by L.L. No. 15-1991]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
RECYCLABLES
[Amended 2-6-2012 by L.L. No. 2-2012]
(1) 
COMMINGLED CONTAINERSGlass bottles (green, clear or brown), tin and bimetallic containers (including aerosol cans), PET plastic containers (No. 1), HDPE plastic containers (No. 2), PVC plastic containers (No. 3), LDPE plastic containers (No. 4), PP plastic containers (No. 5), PS plastic containers (No. 6), other plastic containers (No. 7), aluminum foil (pie plates), milk cartons, bleached white frozen/refrigerated food containers, drink boxes, and other containers (designated by the Town of Ramapo).
(2) 
COMMINGLED PAPERWhite and colored ledger (office paper), white envelopes, newspaper, corrugated containers, magazines, computer printout paper, Kraft paper (brown grocery bags), junk mail (including envelopes and coupons), telephone and paperback books, chipboard/boxboard, fax/photocopy paper, catalogs, notebook paper, construction paper, soft-covered workbooks, and other paper.
(3) 
LEAF or LEAVESThese terms shall have the meanings assigned by common usage, as set forth in the latest edition of Webster's New Collegiate Dictionary, and shall not include twigs, stems or branches.
(4) 
YARD WASTEGrass clippings, trees and tree branches, provided the same are cut into sections less than four feet in length with each such section weighing not more than 60 pounds. Tree stumps and excessive dirt are not included herein.
(5) 
OTHER RECYCLABLESSuch other items as the Town of Ramapo shall deem from time to time to be recyclables.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, wastepaper, trash, construction and demolition debris and ashes.
TOWN
The unincorporated area of the Town of Ramapo.
[Amended 8-24-1988 by L.L. No. 8-1988; 11-27-1991 by L.L. No. 15-1991]
Recyclables shall not be placed in the same receptacle with other forms of refuse for removal to the Town's solid waste baler.
[Amended 8-24-1988 by L.L. No. 8-1988; 11-27-1991 by L.L. No. 15-1991; 2-6-2012 by L.L. No. 2-2012]
A. 
Commingled containers shall be placed in the recycling bin provided by the Town.
B. 
Commingled papers shall be placed in the recycling bin provided by the Town.
C. 
Leaves shall be placed in biodegradable Kraft paper bags having a weight of no more than 60 pounds.
D. 
Cardboard boxes must be flattened and secured together, before being placed inside the paper recycling bin, by insertion into a larger, flattened box, tying or taping.
E. 
Grass clippings must be placed in biodegradable brown paper bags. Brush, branches and trees shall be cut into sections no more than four feet in length and tied into bundles weighing no more than 60 pounds.
F. 
A Town of Ramapo tire removal sticker shall be affixed to any tire left for pickup.
G. 
The Town Board may, from time to time, designate additional materials as recyclables.
H. 
Ownership of recyclables set out for collection shall vest in the Town. It shall be unlawful for a person to collect, remove or dispose of recyclables which are the property of the Town without first having obtained the permission of the Town.
I. 
Any person may donate or sell recyclables to any person, whether operating for profit or not for profit. No one, however, under any circumstances may pick up said recyclables from the curbside in the Town.
J. 
The Town Board is hereby empowered to designate the days of the week on which recyclables shall be collected.
K. 
No person having custody or control of residential, industrial or business premises within the unincorporated area of the Town of Ramapo 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.
L. 
For collection pursuant to a schedule adopted by the Town Board, all recyclables must be placed on the curbline where accessible. Such recyclables shall not be set out earlier than 3:00 p.m. on the day prior to the collection, and all recycling bins shall be removed no later than 8:00 p.m. of the collection day. When a regular collection day falls on a legal holiday, recyclables shall not be set out until the next regularly scheduled collection day, unless special announcement of collection is made by the Town.
M. 
No recycling bins or containers for the placement of refuse can be placed in any structure within 10 feet of a public road except as provided in Subsection L above.
A. 
The Town of Ramapo Director of Public Works is hereby empowered to jointly promulgate rules and regulations as may be deemed necessary to effectuate the intent and requirements of this article. Said rules and regulations shall be approved by the Town Board at a public meeting.
[Amended 11-27-1991 by L.L. No. 15-1991; 2-6-2012 by L.L. No. 2-2012]
B. 
Said rules and regulations may be amended by the Town Board by resolution at a public meeting of the Town Board.
The Police Department of the Town of Ramapo and/or the enforcement official as designated in Chapter 376, Zoning, § 376-140 of the Code of the Town of Ramapo 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.
[Amended 8-24-1988 by L.L. No. 8-1988; 11-27-1991 by L.L. No. 15-1991]
Any person, firm or corporation who or which shall violate this article or who or which shall knowingly assist therein shall be subject to the following punishment:
A. 
Upon the first offense, the refuse shall not be collected and shall be marked with a sticker indicating "Mandatory Recycling. Your refuse was not collected today because recyclables were mixed in. Your refuse will be collected on your next regular refuse day, once the recyclables have been removed. Failure to comply will result in a summons. Town of Ramapo Local Law No. 7-1988, as amended."
B. 
For a second offense within 30 days, by a fine of not less than $25 nor more than $200. In addition, the refuse shall not be collected.
[Amended 2-6-2012 by L.L. No. 2-2012]
C. 
For a third offense within 90 days, by a fine of not less than $50 nor more than $500. In addition, the refuse shall not be collected.
[Amended 2-6-2012 by L.L. No. 2-2012]
D. 
For a fourth offense within 180 days, by a fine of not less than $200 nor more than $1,000. In addition, the refuse shall not be collected.
[Amended 2-6-2012 by L.L. No. 2-2012]
E. 
For failure to comply with § 235-10L and M of this article:
(1) 
Upon the first offense, a warning will be issued that the person is in violation of this article; and
(2) 
For a subsequent offense, a fine of not less than $50 nor more than $250.