Village of Sea Cliff, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 9-17-1979 by L.L. No. 21-1979, effective 10-15-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Animals, fowl and insects — See Ch. 36.
Health and safety — See Ch. 78.
Littering — See Ch. 81.
Recycling — See Ch. 97.
Abandoned vehicles — See Ch. 123.
Schedule of fees — See Ch. A142.

§ 71-1 Short title.

This chapter shall be known and may be cited as the "Refuse and Cesspool Waste Law of the Incorporated Village of Sea Cliff."

§ 71-2 Definitions.

For the purposes of this chapter, the terms used herein are defined as follows:
ASHES
Residue from the combustion of solid fuels.
BUILDING DEBRIS
Residue resulting from minor noncommercial repairs to a private dwelling made by the owner or occupant thereof himself.
BUILDING RUBBISH
Residue resulting directly from building construction, reconstruction, repair or demolition; from grading, shrubbing or other incidental work in connection with any premises; or from replacement of building equipment or appliances.
BULK STORAGE CONTAINER
A standard Dempster-Dumpster, Gallon E-Z Pack front-end loading-type container or an equal container for refuse that can be hauled directly to the point of disposal or emptied into a larger compactor-type truck for disposal.
CESSPOOL WASTE
Sewage and body waste.
COMMERCIAL REFUSE
Waste originating in and around commercial establishments, hotels, restaurants, cafeterias, grocery stores and nonpublic institutions.
DEPOSIT RETURNS
Glass, metal or plastic containers used for the sale of beverages for which a deposit is required under New York State law.
[Added 4-17-1989 by L.L. No. 2-1989]
GARBAGE
All putrescible wastes, except cesspool waste, including waste accumulations of animals or vegetable matter, and waste that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables. "Garbage" also includes but is not limited to offal, litter and filth. The term "garbage" shall not include recognized industrial by-products.
INDUSTRIAL REFUSE
Waste resulting directly from industrial or manufacturing operations.
INSTITUTIONAL REFUSE
Waste originating in and around tax exempt hospitals and public, charitable, philanthropic or religious institutions conducted for the benefit of the public or a recognized section of the public. Institutions not covered by the foregoing definition shall be considered commercial establishments.
NEWSPAPERS
Any noncoated paper sold or distributed at regular or irregular intervals to convey or report news, opinions, advertisements or other matters of public or private interest, but excluding all magazines, books, other periodicals, brochures, posters, cardboard, boxes, containers and other paper or paper products of any kind or nature whatsoever.
[Added 12-17-1979 by L.L. No. 42-1979, effective 1-6-1980.]
RECYCLABLES
Discarded material which may be reclaimed, comprising solid waste in the form of paper, glass, metals and plastics as further defined in Chapter 97 of this Code.
[Added 4-17-1989 by L.L No. 2-1989]
REFUSE
All putrescible and nonputrescible wastes, including garbage, rubbish, ashes, newspapers, dead animals or fowl, discarded vehicles, cesspool waste and commercial, industrial and institutional wastes.
RUBBISH
Solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, discarded furniture, crockery, street cleanings and similar materials.

§ 71-3 Preparation of refuse for collection.

A. 
Garbage. All garbage shall be drained of surplus liquid, shall be properly bagged or wrapped and shall be placed in a nonleaking metal or plastic container with a tight-fitting cover, strong handles and a capacity of not less than 10 nor more than 32 gallons. The weight of such container when loaded shall not exceed 75 pounds, and the total weight of all containers shall not exceed 150 pounds. The container shall be kept in a sanitary condition. The covers shall be kept secure and fastened at all times, except when depositing or removing garbage, so that flies, insects, dogs and other scavengers cannot gain access.
B. 
Rubbish.
(1) 
All rubbish of a kind which, by its nature, can be scattered about unless securely confined shall be placed and kept in containers of a type which will prevent the contents thereof from sifting out or from being scattered or blown about. All other rubbish shall be placed into containers, unless too large in size, in which case it shall be neatly placed while awaiting collection.
(2) 
Brush and branches shall be tied in bundles not larger than four feet in length and 18 inches in diameter.
(3) 
Rubbish containers shall be of a type suitable for the material therein deposited. Such containers are preferably to be of wood or metal, but baskets, burlap, cloth or plastic bags and substantial cartons may be used for light rubbish such as leaves, etc. Rubbish that cannot readily be placed in containers shall be reduced in volume as much as possible and securely tied to permit speedy handling.
(4) 
The combined weight of each rubbish container and its contents shall not exceed 75 pounds.
C. 
Ashes. All ashes shall be placed and kept in secure containers, packaged in such a manner that they will not be blown about or easily spilled. All ashes shall be cool and dry when placed in such containers.[1]
[1]:
Editor's Note: Former Subsection D, Newspapers, as amended, which immediately followed this subsection, was repealed 4-17-1989 by L.L. No. 2-1989.

§ 71-4 Collection schedule.

The schedule for collection of refuse shall be fixed from time to time by resolution of the Board of Trustees.

§ 71-5 General provisions.

A. 
Where any item of refuse placed for collection exceeds the weight of 75 pounds, the Village reserves the right to refuse to collect the material, to defer the collection, to collect the material in part or to make a special collection thereof at a charge to be determined by the General Foreman, based upon the cost to the Village of the personnel and equipment required therefor, plus reasonable overhead. Such special collection services shall be rendered only at the convenience of the Department of Public Works, subject to the availability of personnel and equipment and without liability for delay.
B. 
Where any refuse is placed in an improper container or is not securely tied as hereinbefore provided, the Village reserves the right to refuse to collect the material.
C. 
Refuse shall be placed for collection just inside the front property line of the premises, preferably near the driveway or such other location as will facilitate collection.
D. 
No refuse shall be placed for collection at any time earlier than the evening before such collection is scheduled. All containers shall be promptly removed within a reasonable time after collection has been completed and shall be stored in a safe and sanitary location which will not create a visual nuisance to neighboring property owners.
E. 
The Village reserves the right to refuse to collect any refuse until any violation hereunder has been corrected.

§ 71-6 Prohibited acts.

A. 
The following materials shall not be collected by the Village, and no person shall place any of the following in any container for collection by the Village nor place such items for collection by the Village in any manner:
(1) 
Broken glass, metal with jagged or sharp edges or other similar material unless such material is properly packaged so as to avoid injury to the persons collecting same.
(2) 
Industrial refuse.
(3) 
Wearing apparel, bedding or similar items from homes or other places where highly infectious or contagious diseases have prevailed.
(4) 
Gasoline, benzine, kerosene, turpentine or similar explosive, combustible, flammable or highly volatile liquid.
(5) 
Cartridges, shells, ammunition, gunpowder or explosives.
(6) 
Household appliances and furnishings weighing over 75 pounds or having dimensions greater than six feet by three feet by three feet unless such items are dismantled and reduced in weight and size below the foregoing dimensions; except, however, that such items may be placed for collection at such times as shall be designated by resolution of the Board of Trustees.
(7) 
Building rubbish, but not including building debris.
(8) 
Trees or limbs weighing over 75 pounds.
(9) 
Dead animals or fowl.[1]
[1]:
Editor's Note: See Ch. 36, Animals, Fowl and Insects.
(10) 
Discarded vehicles.[2]
[2]:
Editor's Note: See Ch. 128, Vehicles, Trailers and Boats; Outside Storage and Repair.
(11) 
Commercial, industrial and institutional refuse in excess of 75 pounds per day or in excess of six feet by three feet by three feet in bulk, per day.
(12) 
Hazardous or toxic waste in any form.
[Added 4-17-1989 by L.L. No. 2-1989]
(13) 
Waste and residue resulting from industrial and chemical processes.
[Added 4-17-1989 by L.L No. 2-1989]
(14) 
Automotive and machine parts resulting from the repair of mechanical devices.
[Added 4-17-1989 by L.L. No. 2-1989]
(15) 
Defecated materials, earth, stone and building and property renovation materials.
[Added 4-17-1989 by L.L. No. 2-1989]
(16) 
Used motor oil, which shall only be disposed of by delivery to a service station which is required under state law to accept such material.
[Added 4-17-1989 by L.L. No. 2-1989]

§ 71-7 Commercial, industrial and institutional collection.

A. 
Commercial, industrial and institutional establishments having average daily accumulations of refuse of 75 pounds or more or dimensions greater than six feet by three feet by three feet shall contract with a private collector for the collection of such refuse. Such collection shall be made on a regular basis and at sufficient intervals so as to prevent the unsafe, unsightly or unsanitary accumulation of such refuse.
B. 
The owner or occupant of any commercial, industrial or institutional establishment may, in addition to the containers required by this chapter, maintain one or more bulk storage containers outside of said establishment, in a location approved by the General Foreman, and on such additional terms and conditions as said official may impose, in addition to those contained in this chapter, to protect the health, safety and welfare of the public.
C. 
Bulk storage containers, if so maintained, shall be furnished by and remain the property of the owner or occupant, shall be verminproof, shall be used only for the storage of refuse and shall be plainly marked with the name of the owner or occupant.
D. 
Care and maintenance of bulk storage containers shall be the responsibility of the owner or occupant, as the case may be, and the General Foreman shall have the authority to direct that any container be cleaned, sanitized, painted, repaired or replaced as necessary.
E. 
Refuse shall be completely contained within the bulk storage container. No refuse shall be permitted to accumulate outside the confines of the container nor in such fashion or manner that the container cover cannot be firmly closed. Bulk storage container covers shall be kept closed at all times.

§ 71-8 Private collectors of refuse other than cesspool waste.

A. 
No person other than an authorized employee of the Village shall remove refuse of any kind from any premises nor cart or transport said refuse through or upon the streets of the Village without first having obtained the required permits from the Nassau County Health Department.
B. 
Each private collector shall maintain an adequate and prompt collection service.
C. 
Vehicles used by private collectors shall be kept in a sanitary condition and constructed so that no leakage or spillage occurs when the vehicle is collecting or transporting refuse. Vehicles for garbage shall be packer-type or other approved-type vehicles. Vehicles for rubbish, debris and similar materials shall have a top or canvas cover to prevent scattering of materials. All vehicles shall be subject to inspection by the General Foreman.
D. 
Private collectors of refuse within the Incorporated Village of Sea Cliff shall make such collections between the hours of 7:00 a.m. and 6:00 p.m.

§ 71-9 Private collectors of cesspool waste.

A. 
No person shall clean a cesspool or remove the contents thereof and transport same through or upon the streets of the Village without first having obtained the required permit from the Nassau County Health Department and a cesspool waste collection permit from the Incorporated Village of Sea Cliff.
B. 
The fee for and duration of such permit from the Village shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application for a permit, which shall be in writing and shall be filed with the Village Clerk. The form for such application shall be as prescribed by the Village Clerk.
C. 
Vehicles used by private collectors shall be kept in a sanitary condition and constructed so that no leakage or spillage occurs when the vehicle is collecting or transporting cesspool waste.
D. 
Private collectors of cesspool waste shall make such collections between the hours of 7:00 a.m. and 6:00 p.m., except in emergency situations.
E. 
The Board of Trustees reserves the right to suspend or revoke any permit issued hereunder for any reason whatsoever.

§ 71-10 Items to be separated.

[Added 4-17-1989 by L.L. No. 2-1989]
The following items and materials shall be properly separated from all other refuse, garbage, solid waste and discarded material and placed for collection or disposed of as otherwise provided in this Code:
A. 
Recyclables.
B. 
Deposit returns.