[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.]
This chapter shall be known and may be cited as the "Refuse and Cesspool
Waste Law of the Incorporated Village of Sea Cliff."
For the purposes of this chapter, the terms used herein are defined
as follows:
Residue from the combustion of solid fuels.
Residue resulting from minor noncommercial repairs to a private dwelling
made by the owner or occupant thereof himself.
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.
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.
Sewage and body waste.
Waste originating in and around commercial establishments, hotels,
restaurants, cafeterias, grocery stores and nonpublic institutions.
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]
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.
Waste resulting directly from industrial or manufacturing operations.
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.
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.]
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]
All putrescible and nonputrescible wastes, including garbage, rubbish,
ashes, newspapers, dead animals or fowl, discarded vehicles, cesspool waste
and commercial, industrial and institutional wastes.
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.
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.
The schedule for collection of refuse shall be fixed from time to time
by resolution of the Board of Trustees.
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.
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.
(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]
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.
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.
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.
