[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 8-10-1992 as L.L. No. 5-1992, effective 8-18-1992. (This local law also provided for the repeal of former
Ch. 242, Mandatory Newspaper Recycling, adopted 4-11-1990
as L.L. No. 5-1990, effective 7-1-1990.)
Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 200.
It is the purpose of this chapter to comply with § 120-aa
of the General Municipal Law of the State of New York and with Chapter 825,
entitled "Westchester County Source Separation Law," of the Laws of Westchester
County, as they pertain to recyclable materials. In furtherance of said purpose,
Chapter 825 of the Laws of Westchester County is hereby incorporated by reference
into the Code of the Village of Mamaroneck.
In accordance with the provisions of Chapter 825 of the Laws of Westchester
County, the Village Manager of the Village of Mamaroneck shall be responsible
for implementing a plan to provide or to cause to be provided for the separation
and collection of recyclables, which plan shall be filed in the office of
the Commissioner of the Department of Environmental Facilities of the County
of Westchester. In addition, the Village Manager shall be responsible for
the preparation of any annual recycling reports as may be required by the
County of Westchester.
The Village Manager shall promulgate rules and regulations to be observed
with respect to the separation and collection of recyclables in the Village
of Mamaroneck. The rules and regulations of the Village Manager with respect
to the separation and collection of recyclables shall not take effect until
the same are approved by resolution of the Village Board of the Village of
Mamaroneck. Upon such approval, said rules and regulations shall by this reference
be incorporated herein, and any violation thereof shall constitute a violation
of this chapter.
A.Â
Where recyclables are placed in a refuse container other
than as required by the Village Manager's rules and regulations, the
village or its designee may, in its discretion, decline to collect any and
all of the contents of such container and shall leave a notice with the container
noting the action of the village or its designee. In the event that the village
or its designee declines to collect under this provision, it shall be the
responsibility of the property owner, lessee or other responsible individual
at the collection point to remove said recyclables from such container prior
to subsequent general refuse collection.
B.Â
Where materials other than recyclables are left for pickup
as recyclables, the village or its designee may, in its discretion, decline
to collect any and all of the contents of such container and shall leave a
notice with the container noting the action of the village or its designee.
In the event that the village declines to collect under this provision, it
shall be the responsibility of the property owner, lessee or other responsible
individual at the collection point to remove all materials other than recyclables
from the container prior to subsequent collection.
Any violation of this chapter shall constitute an offense which shall
be punishable by a fine not exceeding two hundred fifty dollars ($250.) for
each such violation or by imprisonment not exceeding fifteen (15) days, or
both.
In the event that the provisions of this chapter and the provisions
of any other ordinance or local law are in conflict, this chapter shall supersede
said conflicting ordinance or local law.
Should a court of competent jurisdiction declare any provisions of this
chapter invalid, such declaration of invalidity shall not affect any other
provision of this chapter.
A.Â
Nothing in this chapter shall be construed to prohibit
the retention of recyclables by any person.
B.Â
Nothing in this chapter shall be construed to prohibit
any person from transferring recyclables privately through sale or gift, provided
that in no event shall such recyclables be left at the curb for any private
pickup.
