[Adopted 10-15-1997 by L.L. No. 3-1997]
Whereas the Village of West Haverstraw deems
and considers it to be in the best interest of the Village, and vital
to the health, safety and general welfare of its inhabitants, residents
and visitors to regulate the pickup and collection of garbage, trash
and other refuse, the Village Board hereby provides as follows.
A. For the purpose of this article, the following words
and phrases shall have the meanings respectively ascribed:
ASHES
The residue from burning wood, coal, coke or other combustible
materials.
GARBAGE
All vegetable, animal or other matter, liquid or otherwise,
likely to ferment and decompose and produce noxious odors or become
injurious to health, and other materials commonly considered as "garbage."
GARBAGE TRUCK
Any motor vehicle, vehicle, device or trailer used for the
pickup, collection, removal and/or transportation of garbage, refuse
or trash.
OWNER
Includes any person, firm, partnership, corporation or association
owning and operating a garbage truck or garbage trucks and shall include
a purchaser under a reserve title, contract, conditional sales arrangement
or vendor's lien agreement and the lessee of any garbage truck or
garbage trucks under a written lease or similar contract.
PERSON
Includes an individual, individuals, a partnership or a corporation.
REFUSE/RUBBISH
Ashes, sweepings, rags, crockery and similar materials. "Rubbish"
shall include brick, building materials, stone, cement or cement by-products
and asphalt.
[Amended 6-18-2008 by L.L. No. 3-2008]
TRASH
Appliances, furniture, Christmas trees and other articles
incapable of being bundled effectively, excluding major demolition
and construction debris and trees or limbs.
B. To the extent necessary, the definitions set forth in Chapter
201, Article
I, shall also apply to this Article
II.
[Added 6-18-2008 by L.L. No. 3-2008]
No garbage truck shall operate for the purposes
of pickup, collection, removal and/or transportation of garbage, trash
or other refuse within the Village of West Haverstraw unless the owner
shall first have obtained a license from the Department of Health
for each garbage truck operating within the Village limits.
A. The owner shall post the license in a conspicuous
place on each garbage truck operating within the Village of West Haverstraw
and the driver shall present the same, upon request, to any member
of the Haverstraw Town Police or other law enforcement officials.
B. Failure to post and/or present the license upon request
shall be presumptive evidence that the garbage truck is unlicensed.
[Amended 6-18-2008 by L.L. No. 3-2008]
A. Every dwelling and commercial establishment, and every
part thereof, including the lot on which the structure or business
is located, shall be kept reasonably free from any accumulation of
garbage, rubbish, trash and filth.
B. The owner, lessee, tenant or any other person having
the management or control of, or occupancy of, any lot or any plot
of land in the Village shall keep such land at all times free and
clear of any accumulation of ashes, rubbish, trash, refuse, yard waste,
garbage, offal or any offensive substances, except as are deposited
in containers or are otherwise secured as provided in this article.
C. No person shall deposit any ashes, rubbish, refuse,
trash, yard waste, garbage, offal or any other offensive substances
anywhere within the Village of West Haverstraw except such as are
deposited in containers or otherwise secured as provided for in this
article.
D. No person,
including any owner, landlord, lessee or other person having control
over premises, shall cause to be deposited or stored thereon, or on
any adjacent public right-of-way, street or other property, any personal
property, construction debris or other material removed from the premises
in connection with an eviction or voluntary vacating of the premises,
except for the period actually required for the owner, landlord, lessee
or other person to remove such property or material from the area
of the premises.
[Added 2-17-2010 by L.L. No. 1-2010]
[Amended 6-18-2008 by L.L. No. 3-2008]
No person shall throw, cast or direct or permit
any garbage, trash or other refuse of any kind, or any recyclable,
to be thrown upon any street, walk, lawn, road, park or beach, or
other public place, or upon any private property, whether owned by
such person or not, within the Village; and, further, no person shall
throw, cast, place or direct anywhere within the Village any garbage,
trash or other refuse, or any recyclable, in such manner that it may
be carried or deposited by the elements upon any street, sidewalk,
alley, sewer, drain, gutter or other public place or into any occupied
or nonoccupied premises within the Village.
[Amended 6-18-2008 by L.L. No. 3-2008]
No person shall throw, dump, deposit or cause
to be thrown, dumped, deposited or placed on any public road within
the Village of West Haverstraw, or within the limits of the right-of-way
of such public road or upon private lands adjacent, thereto, any garbage,
trash or other refuse or recyclable.
No person shall throw, distribute or leave,
or cause to be thrown, distributed or left, or shall deposit in any
waste box or other receptacle upon any of the streets, alleys or public
places of the Village, any bill, advertisement or paper in such manner
that the same may be scattered or left upon the surface of any street,
alley or public place.
[Amended 6-18-2008 by L.L. No. 3-2008]
It shall be unlawful for any person to scatter,
drop or spill or permit to be scattered, dropped or spilled from any
vehicle, or part thereof, or receptacle or otherwise any garbage,
trash or other refuse of any sort therefrom in or upon any street
or public place. "Rubbish" shall include dirt, brick, building materials,
stone, cement or cement by-products and blacktop material.
[Amended 6-18-2008 by L.L. No. 3-2008]
It shall be unlawful for any person, either
as owner, occupant, lessee, agent, tenant or otherwise, to store or
deposit or cause to permit to be stored or deposited abandoned, derelict
automobiles, refrigerators, stoves, furnaces, furniture items or building
materials on any residential or commercial property or on any other
property in the Village not specifically designated for such storage
or deposit by law and, if required, properly licensed or zoned for
such storage, use or disposition.
A. All garbage intended for removal by Village garbage
trucks shall be drained and wrapped heavily in paper or plastic bags
and shall be contained in tightly covered, watertight, galvanized-iron
or other nonrusting cans having handles of a capacity of not less
than 10 nor more than 50 gallons per can and filled no higher than
to within four inches from the top and shall not exceed 45 pounds
in weight.
[Amended 6-18-2008 by L.L. No. 3-2008; 2-17-2010 by L.L. No.
1-2010; 2-19-2020 by L.L. No. 1-2020]
B. No garbage, trash, ashes, rubbish, paper, cartons,
bottles or any other refuse or junk of any description whatsoever
shall be placed or allowed to be placed or shall remain in containers
on any public street, alley, sidewalk or curb or between the sidewalk
and the curb in the Village prior to 6:00 p.m. on the day preceding
the day scheduled for collection, and contain in must be returned
to a nonvisible location by 8:00 p.m. on the day of the scheduled
pickup.
[Amended 6-18-2008 by L.L. No. 3-2008; 2-17-2010 by L.L. No.
1-2010]
C. Garbage and rubbish intended for removal shall not
be permitted to become wet or frozen.
D. All cans or other bulk items intended for removal
shall be placed in a location, unobstructed by parked vehicles, near
the curb or near the edge of the traveled portion of the street, avenue
or alley and in plain view from the street, avenue or alley.
[Amended 2-19-2020 by L.L. No. 1-2020]
E. Radioactive materials, drugs, poisons and other noxious,
hazardous or poisonous substances shall be disposed of under the supervision
of the Commissioner of Health.
F. All garbage removed shall be disposed of in such a
manner as not to create a nuisance, and the covers of all vessels
used for the purpose of removing such garbage shall be kept tightly
closed.
G. No salvaging or scavenging operations shall be permitted
from refuse materials placed at the curb for collection.
H. Garbage
or trash intended for removal shall not be mixed with recyclable material
or yard waste of any kind.
[Added 2-17-2010 by L.L. No. 1-2010]
In the event that private collection is not
maintained or contracted for by an owner or lessee, all of the laws,
rules and regulations of the state and Village must be observed with
regard to said removal and disposal of garbage, trash or other refuse.
[Amended 2-15-2006 by L.L. No. 1-2006]
No licensee or other person shall furnish, pick
up, collect, remove or transport garbage, trash, refuse, recyclables
or provide other similar services within the Village of West Haverstraw
other than between the hours of 6:00 a.m. and 8:00 p.m., Monday through
Saturday; provided, however, such pickup and collection services may
be provided to, and in, the buildings comprising and known as the
"Garnerville Holding Company" commencing at 5:30 a.m.