[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-8-1975 (Ch. 48A of the 1965 Code)]
This article shall be known as the "Solid Waste Disposal Law."
[Amended 1-22-2013 by L.L. No. 1-2013]
The purpose of this article is to provide for the disposal of
all solid waste generated in this municipality in compliance with
federal and state standards for the control of air, water and ground
pollution through participation in the current Westchester County,
New York, solid waste management plan, adopted by the Westchester
County Board of Legislators.
As used in this article, the following terms shall have the
meanings indicated:
Any person duly licensed or authorized to engage in, or who
engages in, the business of collecting, storing, transporting and
disposing of solid waste as defined herein.
The current Westchester County, New York, solid waste management
plan, as adopted by the County Board of Legislators.
[Amended 1-22-2013 by L.L. No. 1-2013]
Includes all manner of useless or unwanted or discarded solid
or semisolid nontoxic, domestic, commercial, industrial, institutional,
construction and demolition waste materials, except hazardous, toxic,
chemical, human or rendering wastes.
Any fixed facility that is established, maintained and operated,
either as its primary function or in support of some other facility
or operation, for the transfer, treatment, disposal or salvage of
solid waste. It includes but is not limited to any facility that is
established for the purpose of transferring, bailing, composting,
incinerating, recycling, separating, salvaging, shredding or landfilling
any solid waste or any combination of functions thereof, including
stationary compactors located at points of collection.
[Amended 1-22-2013 by L.L. No. 1-2013]
This municipality shall deliver or cause to be delivered to
a solid waste facility or facilities designated by Westchester County,
and licensed, operated or approved by Westchester County, all solid
waste collected or caused to be collected within the boundaries of
this municipality, subject to such restrictions as may be required
by the county in conformity with the plan, except that bona fide recycling
or resource recovery programs or drives within this municipality and
operated or permitted by it may be exempted from this section with
the approval of Westchester County.
In consideration of the assumption by Westchester County of
responsibility for the disposal of all solid waste collected in this
municipality in compliance with federal and state standards for the
control of ground, air and water pollution, this municipality agrees
to refrain from exercising its powers to impose permitting requirements
for collectors of solid waste at such time as Westchester County shall
adopt requirements for the licensing and regulation of said collectors
on a county-wide basis.
[Amended 1-22-2013 by L.L. No. 1-2013]
Recognizing that the county plan offers the most efficient and
least costly method of solid waste disposal in compliance with federal
and state standards for the control of air, ground and water pollution,
this municipality agrees to pay all reasonable fees set by Westchester
County for the disposal of solid waste.[1]
[1]
Editor's Note: Original § 48A-7, When effective;
exception, of the 1965 Code, which immediately followed this section,
was repealed 1-22-2013 by L.L. No. 1-2013.
[Adopted 4-26-2005 by L.L. No. 4-2005 (Ch. 24 of the 1965
Code)]
This article shall be known as the "Garbage Collection and Anti-Litter
Law."
As used in this article, the following terms shall have the
meanings indicated:
The residue from coal or other fuel.
A building or property used for business, manufacturing or
other commercial purposes.
Every waste accumulation of animal, vegetable, fruit, similar
organic matter and all other materials to be disposed of not defined
under the definitions of "recyclables" or "trash" as set forth herein.
A plastic bag at least 1.5 mils thick, the weight of which
does not exceed the ability of the bag to hold the material in it
without breaking when picked up by the neck.
A one-and-one-half-cubic-yard container, the make and model
of which is compatible with Village collection trucks (such as the
J&T Metal Products Co., Inc. Model RL 1 1/2 or its equivalent).
All such containers shall be on functioning casters and shall be equipped
with lift bars which measure 77 1/2 inches from end to end.
Any natural person, firm, partnership, association or corporation.
Those goods or material recovered from the solid waste stream
which are suitable for and capable of reuse in original or changed
form, provided that the same are not hazardous or toxic-type materials
as defined by the New York State Department of Environmental Conservation.
Said recyclables shall include any materials mandated for recycling
by the county, state, federal government or Village of Sleepy Hollow.
A building or property used for residential purposes and
containing one or more dwelling units.
Household furnishing, clothing and appliances placed out
for disposal, provided that the same are not hazardous or toxic materials
as defined by the New York State Department of Environmental Conservation.
A watertight, nonrusting metal or plastic container of substantial construction equipped with a tight-fitting cover made of the same material as the container and two substantial handles. The General Foreman of Public Works may set the allowable shape, capacity, and weight of waste containers by regulation pursuant to § 347-9 of this Chapter 347. The Village shall not be responsible for breakage of waste containers. Securely tied plastic bags at least 1.5 mils thick, the weight of which does not exceed the ability of the bag to hold the material in them without breaking when picked up by the neck, may be utilized but must be placed in a waste container.
[Amended 6-13-2017 by L.L. No. 5-2017]
[Amended 1-22-2013 by L.L. No. 1-2013]
The removal and disposal of garbage, trash and recyclables in
the Village of Sleepy Hollow, New York shall be under the jurisdiction
of the Department of Public Works, and the General Foreman of Public
Works is hereby empowered to make and publish regulations concerning
the days and times of collection of garbage, combustible rubbish,
trash and recyclables, the location and number of containers and any
and all other regulations pertaining to the collection and disposal
of these wastes as he may deem advisable, provided that such regulations
are not contrary to this article, and further provided that no regulation
shall become effective until a copy thereof is filed in the office
of the Village Clerk.
A.
All waste containers and mechanically emptied containers shall be
maintained in a good condition by the owner thereof and shall not
be permitted to have any ragged or sharp edges or any other defects
liable to hinder collection or harm the person collecting the contents
thereof.
B.
Should any waste container or mechanically emptied container deteriorate
to such an extent that it becomes dangerous and liable to injure or
hinder the person collecting the contents of said waste container
or mechanically emptied container, or should it leak, it must be replaced
with a proper waste container or mechanically emptied container within
one week after receipt of a written notice from the Department of
Public Works of said condition. Said notice may be placed on the defective
waste container or mechanically emptied container. The Village reserves
the right to refuse to pick up garbage in such defective containers
or remove the containers.
C.
It shall be the duty of each owner and/or tenant of a residence and
each owner/and or tenant of a place of business, factory, industrial
plant or other similar place to provide himself with the approved
waste containers and mechanically emptied containers for the disposal
of garbage, trash and recyclables to hold the waste accumulation between
the periods of collection by the Department of Public Works, or provision
shall be made for collection by a private collector.
D.
Container areas and enclosures shall be maintained in a neat and
clean condition, free from vermin, bees, insects and other pests at
all times.
E.
Container areas shall be kept free of litter, garbage, recyclables
and garbage drippings that are not inside the waste containers or
mechanically emptied containers.
F.
Container areas and enclosures shall be maintained free of snow and
ice.
G.
Container areas and enclosures shall be accessible for collection
at all times. Garbage containers/dumpsters shall be kept moveable
and free-wheeling at all times.
Waste containers and mechanically emptied containers shall be
kept covered at all times with proper, tight-fitting covers except
while garbage is being put into such containers or while the same
are being emptied. It shall be unlawful for anyone other than authorized
collectors to disturb any containers or to remove the covers of any
of the contents thereof or cause the contents thereof to be strewn
or scattered on the lawns, sidewalks, streets, alleys, parks, playgrounds,
empty lots or any other public or private place in the Village.
A.
Where waste containers are being used, all garbage must be drained
and wrapped in plastic bags before being placed in the waste container.
B.
Papers, magazines, newspapers, cut and flattened paper or cardboard
shall be separated from commingled items and placed into brown paper
bags or loose in the recycling container. Boxes shall be flattened
and placed inside each other. Commingled items for recycling shall
be placed in a separate recycling container in the manner mandated
by the Westchester County curbside recycling guidelines. Items for
recycling shall be collected on scheduled recycling collection days.
Plastic and Styrofoam packing materials and all hardcover books are
not recyclable.
[Amended 1-22-2013 by L.L. No. 1-2013]
C.
Dead shrubbery, limbs or trees, flowers, hedge clippings and the
like may be deposited for collection, provided that the same are cut
into lengths of not greater than five feet and are securely tied in
bundles not more than two feet in diameter. Unbundled yard waste must
be placed in biodegradable paper bags. Yard waste will be collected
on days and at time determined by the Village.
[Amended 1-22-2013 by L.L. No. 1-2013]
D.
Placing leaves into the gutter or Village street is not permitted
except on the dates specified in the Village's Annual Fall Leaf Collection
Program. Leaves must be placed in bags approved by the Village for
collection on the scheduled leaf collection days, unless the Department
of Public Works directs otherwise.
E.
No garbage, trash, recyclables or waste shall be put out on the street
in the residential area for collection by any person before 6:00 p.m.
on the night preceding collection nor after 7:00 a.m. on the day of
collection, nor in the business area (Zone C-2) for collection. All
waste containers and mechanically emptied containers must be removed
from the curbside and returned to the appropriate place of storage
by the end of the day on the day of collection.
F.
Garbage, recyclables or trash ready for collection shall be placed
at the curb or in approved collection stations. No such material generated
within a business or residence shall be placed in receptacles located
at Village parks or upon Village streets or other public locations
maintained by the Village.
G.
The General Foreman of Public Works may allow such exceptions to the provisions of this § 347-12 and make such other regulations pursuant to § 347-9 of this Chapter 347 as may be appropriate to allow for periodic "bulk collection" of items such as furniture and appliances that are too large to be placed in a waste container or, if applicable, a recycling container.
[Added 6-13-2017 by L.L.
No. 5-2017]
The Superintendent of Public Works shall be responsible for
the operation of Village-owned disposal facilities, including but
not limited to the hours of operation, material which may be deposited
therein and method of disposal.
A.
Limitations on properties served. It shall be the duty of every person
who accumulates garbage, recyclables or trash to prepare the same
for removal by the Department of Public Works in the Village of Sleepy
Hollow, except where disposition by a private collector has been arranged.
Empty cardboard or wooden cartons which have not been flattened shall
not be picked up.
B.
Availability and extent of service.
(1)
Not more than four thirty-two-gallon containers of garbage, trash,
rubbish and/or refuse shall be collected in any one week, with no
more than two such containers being picked up at any one time. This
limitation shall apply to single-family homes.
(2)
Multiple residences, businesses, stores, factories or similar establishments
disposing of garbage, trash, rubbish, and/or refuse in excess of eight
waste containers per week shall instead provide one or more mechanically
emptied containers which are compatible with the Village collection
trucks for mechanical dumping and in the quantity as determined by
the Superintendent of Public works in his/her sole discretion.
(3)
Businesses, stores, factories, restaurants or other commercial establishments
disposing of garbage, trash, rubbish and/or refuse in excess of eight
containers per pickup shall instead provide one or more mechanically
emptied containers which are compatible with the Village collection
trucks for mechanical dumping and in the quantity as determined by
the Superintendent of Public Works. A waiver of this requirement may
be granted by the Superintendent of Public Works at his/her sole discretion.
(4)
Any person providing one or more mechanically emptied containers
may opt out of Village collection and instead have his or her garbage
and/or recyclables collected by a private carter. Such private collection
shall be made at least once per week. Any such owner choosing to have
his garbage collected by a private carter shall notify the Superintendent
of Public Works in writing that Village pickup will not be required
for the next calendar year and advising on which day of the week the
private collection will be made. This notice shall be received by
the Village no later than January 30 to be effective for the fiscal
year commencing on June 1 of that same year. Property owners who have
not so notified the Village will have waived their opportunity to
opt out for that fiscal year.
(5)
The Superintendent of Public Works is hereby authorized to arrange
date and time schedules for the collection of garbage, recyclables
and trash for the various sections of the Village.
(6)
Where the property owner or tenant has provided an approved garbage
container which can be mechanically emptied into a Village truck,
the Superintendent of Public Works may authorize Village trucks to
enter upon such property with the written permission of the owners.
The location of the containers must be approved by the Superintendent
of Public Works.
(7)
The Superintendent of Public Works shall not be required to remove
construction debris, mechanically operated vehicles or machinery or
any parts thereof, including tires.
C.
Responsibility of employees. Each and every agent, officer or employee
of the Village engaged in the work of collecting and removing garbage,
recyclables and trash from the premises shall in no way interfere
with, disturb, break, destroy, handle, take or use any article or
substance or trespass upon the property of the householder insofar
as the requirements of such collections shall warrant.
D.
The General Foreman of Public Works may allow such exceptions to the provisions of this § 347-14 and make such other regulations pursuant to § 347-9 of this Chapter 347 as may be appropriate to allow for periodic "bulk collection" of items such as furniture and appliances that are too large to be placed in a waste container or, if applicable, a recycling container.
[Added 6-13-2017 by L.L.
No. 5-2017]
The Mayor and Board of Trustees shall have the power to fix
charges to be imposed on commercial establishments and all other properties
and premises, whether residential or otherwise, from which garbage,
rubbish and trash are removed by the Village and to revise these charges
from time to time as the Mayor and Board of Trustees shall deem necessary
and proper.
Bills for all garbage collection services contemplated by this
article shall be prepared on or before the 30th day following each
quarterly period, commencing with the first day of the Village fiscal
year 2005-2006, and continuing thereafter, and shall be mailed to
the owner of the premises or property as the same appears upon the
last completed assessment roll of the Village of Sleepy Hollow, New
York. If more than one person shall appear as the owner of the premises
or property, the bill may be mailed to any one of such persons.
Bills for garbage collection services provided pursuant to this
article shall be payable in the face amount without penalty within
30 days following the date as indicated upon the bill mailed to the
consumer.
[Amended 6-13-2023 by L.L. No. 3-2023]
There shall be charged a penalty on any past-due sewer fee or
usage rate of 10% following the 30 days from the date of the billing,
with each month thereafter charged at a rate of 1%.
Such unpaid garbage fees shall constitute unpaid garbage fees,
and those amounts, together with the amount of penalty as herein prescribed
and due by reason of nonpayment of such garbage fees, shall be a lien
on the real property upon which or in connection with which the garbage
collection is used, and if not paid by February 1 of the fiscal year
in which accrued, the amount thereof, together with the penalty as
herein prescribed, shall be included in the next annual tax levy and
shall be levied upon the real property.
A.
It shall be unlawful for any person, firm or corporation to place
or cause to be placed in or upon any public street, sidewalk, or alley
of the Village of Sleepy Hollow any ashes, dirt, rubbish, glass, garbage,
paper, recyclables, box material or any other type of waste, sweepings,
litter or trash except as might be provided for in this article.
B.
Any person, firm or corporation engaged in the business of providing
landscaping services or cutting or trimming trees or shrubs or in
the rehabilitation, home improvement, construction and/or demolition
of buildings shall be responsible for the disposal of such plant materials,
trees, tree and shrub cuttings and trimmings or discarded building
materials at the expense of such person, firm or corporation. It shall
be unlawful for such person, firm or corporation to deposit the aforesaid
at any location within the Village, either privately or publicly owned.
C.
The General
Foreman of the Department of Public Works or his designee or the Building
Inspector or his designee may issue a summons for a violation of this
chapter.
[Added 1-22-2013 by L.L.
No. 1-2013]
D.
It shall
be unlawful for any person, firm or corporation to place or cause
to be placed in or upon any street, sidewalk, or alley of the Village
of Sleepy Hollow any unwrapped mattress or box spring. Any item of
bedding (mattresses and box springs) included for rubbish collection
must be fully encased in sealed plastic and shall be disposed of in
accordance with this article. The Building Inspector or his/her designee,
Police Chief or his/her designee, or Superintendent of Public Works
or his/her designee may issue a summons for any violation of this
requirement.
[Added 8-8-2017 by L.L.
No. 7-2017]
A.
The Superintendent of Public Works or his designee may issue a summons
to any person charging him with a violation of this article or Chapter
825 of the Westchester County Code, Westchester County Source Separation
Law, as amended, or any other provisions thereof, which summons shall
be returnable in the Village Court of the Village of Sleepy Hollow.
All violations of Chapter 825 of the Westchester County Code, Westchester
County Source Separation Law, shall be subject to fines and penalties
as stated in Section 825.80, Penalties and Enforcement, upon conviction
thereof.
B.
Except as provided in Subsection C hereof, any person violating any of the terms of this article shall, upon conviction thereof, be liable to a fine of not less than $50 nor more than $250 for each of the first three violations thereof; not less than $100 nor more than $400 for each of the fourth and fifth violations thereof; and not less than $200 nor more $700 for each violation thereafter committed within a three-year period, looking back from the date of the violation, regardless of the fines imposed on the prior violations. A separate offense shall be deemed committed on each day during which a violation occurs or continues. A separate fine of not less than $200 nor more than $500 shall be assessed against any violator if the Village of Sleepy Hollow is required to remove the garbage, trash or refuse.
C.
Any person, firm, corporation, municipality, municipal corporation or any other entity who or which shall fail to pay the charges established in accordance with § 347-15 of this article shall, in addition to being required to obtain the mandated permit, be subject to a fine of not less than $250 nor more than $1,000 for each violation thereof, and a separate offense shall be deemed committed on each day during which such violation occurs or continues.
[Amended 1-22-2013 by L.L. No. 1-2013]
A.
Fees for special services and special pickups not otherwise provided
for in this article shall apply as shall be set, from time to time,
by the Superintendent of Public Works.
B.
All fees for such special services shall be approved by the Department
of Public Works prior to completion and must be prepaid in the office
of the Village Clerk, who shall issue a receipt for such payment prior
to the rendering of such services by the Department of Public Works.
