[Adopted 12-17-1990 by L.L. No. 7-1990]
As used in this article, the following terms shall have the
meanings indicated:
Those recyclable materials, such as metal cans and glass
and plaster bottles, which can be commingled for collection.
Those items of household or business use which shall be designated
from time to time by the Village of Suffern or the Superintendent
of Public Works as materials which have recyclable value.
Any and all cans, bags, boxes, dumpsters, bins, containers
or special use containers of whatever size, which may, from time to
time, be specified or approved by the Village of Suffern or the Superintendent
of Public Works as appropriate or required for the purpose of transferring
recyclable materials from the ownership or possession of private parties
to the ownership and possession of the Village, or the lawful designees
of the Village, for the purpose of recycling.
A.
All residents and businesses which may be the subject of recycling
directives from the Village of Suffern or the Superintendent of Public
Works shall not commingle their recyclable materials, thereafter,
with other household or business waste, trash or garbage.
B.
Mixed recyclables (cans, bottles and similar items as defined from
time to time) shall be deposited by Village residents or businesses
in the recycling containers designated for that purpose. Newspapers,
cardboard and bulk items shall be bagged or tied into bundles in such
fashion and with such material as shall be specified or approved,
from time to time, by the Village or the Superintendent of Public
Works. Newspapers, cardboard and bulk items shall not be placed in
containers provided for use with mixed recyclables.
C.
On the days designated for pickup, the recyclables shall be deposited
at curbside to be available for pickup by the Village. In container
districts they shall be deposited as directed by the condominium or
cooperative management.
E.
It shall be a violation of this article to mix or have mixed with
the recyclables at time of pickup any nonrecyclable material or to
commingle recyclable materials designated for separate collection.
A.
The materials designated, from time to time, as recyclable materials
by the Village of Suffern or the Superintendent of Public Works shall
become and are hereby declared to be the property of the Village of
Suffern from the time they are placed at the curbside for collection.
B.
In the case of recyclables placed by residents of container districts
in community containers provided for recycling purposes or in other
designated areas, the recyclables shall become the property of the
Village of Suffern from the time material is placed by the residents
in the community recycling container or in the designated areas.
C.
All unauthorized persons are forbidden to remove any materials from
a recycling container placed at curbside for collection or from a
community collection container or designated collection area at any
time. Authorized persons in curbside districts are the employees of
the Village of Suffern Department of Public Works engaged in the collection
of recyclables on behalf of the Village, or designees of the Village,
engaged for that purpose. Authorized persons in the container districts
shall be the employees of the Village, or Village designees, if collection
is being made by or on behalf of the Village, or such other persons
who may be designated or contracted, from time to time, by the cooperative
corporation or the managers of the condominium association.
D.
Nothing herein shall be construed as the arrogation of private property
to public use without due compensation. Nothing herein shall prohibit
private individuals or local businesses from privately recycling,
selling or redeeming their own recyclables. The delivery of recyclables
for curbside collection or the depositing of recyclables in community
containers or at designated collection places shall constitute the
abandonment of such materials as private property and is deemed to
be a conscious and knowledgeable transfer of ownership from the donor
to the Village at the time of such deposit.
B.
Nonexclusiveness of remedy. The violation of § 150-19C of this article is declared to be an offense separate and distinct from the crime of petit larceny. A charge under § 150-19C shall not preclude prosecution under the larceny provisions of the Penal Law of the State of New York for the same offense. A violation of § 150-19C of this article may also involve the violation of § 168-3 of the Code of the Village of Suffern as a separate offense if the facts so warrant.
C.
Appearance tickets for violations of this article may be issued by
any police officer of the Village of Suffern or by the Code Enforcement
Officer of the Village of Suffern or any person engaged and authorized
to do so by the Suffern Village Board.
