[HISTORY: Adopted by the Board of Trustees
of the Village of Ocean Beach 5-17-1980 by L.L. No. 2-1980 as Article XVI of the
1951 Code of Ordinances. Amendments noted where applicable.]
[Amended 10-24-1987 by L.L. No. 1987; 7-30-1988 by L.L. No.
5-1988; 11-22-1999 by L.L. No. 7-1999]
No owner, lessee or occupant of private property
shall place garbage, permit garbage to be placed or allow garbage
to remain in place for collection except as follows: All garbage shall
be placed in proper containers as hereinafter provided in the front
part of private property, adjacent to the public walk, each night
of collection, between the hours to be determined and set by a resolution
of the Board of Trustees. Said containers shall be removed at least
20 feet from public walks the following morning no later than the
time determined and set by a resolution of the Board of Trustees.
In the Business District, said containers shall be out of public view
at all times. No garbage containers or garbage of any kind shall be
kept or placed within 20 feet of any public walk in the Village of
Ocean Beach at any other time.
[Amended 10-17-1998 by L.L. No. 12-1998]
A.
All garbage shall be placed and tied in heavy plastic
bags of at least 1.5 mils' thickness, and said plastic bags shall
be placed inside suitable watertight, closed metal or heavy plastic
freestanding garbage pails, not to exceed 60 pounds in weight when
filled.
B.
Notwithstanding anything contained herein, the Board
of Trustees of the Incorporated Village of Ocean Beach may from time
to time by the adoption of a resolution modify and/or amend and/or
declare and/or prescribe and/or regulate the use, type, placement,
markings, removal, construction, weight and/or acquisition and/or
requirement for acquisition of the aforestated containers and/or plastic
bags and/or adopt such other measures and/or provisions to provide
for the enforcement and/or regulation and/or any necessary modifications
and/or exceptions to the use, type, placement, markings, removal,
construction, weight and/or acquisition and/or requirements for acquisition
of the aforestated containers and/or plastic bags as the Board of
Trustees shall deem necessary and/or proper, and the Board of Trustees
shall be authorized to delegate such authority in whole and/or in
part to the Village Administrator and/or Village Manager as the Board
of Trustees deems necessary and/or proper.
[Amended 2-5-1983 by L.L. No. 2-1983]
A.
RECYCLABLES
As used in this section, the following terms shall
have the meanings indicated:
Solid waste consisting of newspapers, corrugated boxes, plastic
soda and milk containers, glass bottles and jars and metal food and
beverage cans.
B.
Recyclables shall be separated from all other waste.
C.
Newspapers and corrugated boxes shall be tied in small
bundles no larger than three by two by one feet or placed in brown
paper bags for collection.
D.
Plastic, glass and metal recyclables shall be clean,
and all contents shall be removed therefrom prior to the collection,
removal or disposal of same. Caps shall be removed from plastic and
glass recyclables and paper labels shall be removed from metal recyclables
prior to the collection, removal or disposal of same.
E.
All recyclables shall be placed in a garbage can or
paper bag for collection, removal and disposal. Recyclables shall
not be placed in plastic bags for collection, removal or disposal.
F.
Recyclables shall not be placed in the same garbage
can as or otherwise mixed with other forms of solid waste for collection,
removal or disposal.
G.
It shall be unlawful for a person to collect, remove
or dispose of solid waste which consists of recyclables combined with
other forms of solid waste.
H.
Ownership of recyclables set out for collection shall
thereupon vest in the Village of Ocean Beach.
I.
The Board of Trustees shall, by resolution, designate
the day of the week on which recyclables shall be collected, removed
and disposed of from a particular area. Recyclables shall not be collected,
removed or disposed of from that area on any day of the week other
than that designated by the Board of Trustees.
J.
The Board of Trustees shall, by resolution, designate
the type, shape and color of containers to be used for the collection
of recyclables. No recyclables shall be placed for collection in any
container or bag except as provided by resolution of the Board of
Trustees.
All brush, branches or other natural vegetation not otherwise placed in accordance with § 96-2 hereof shall be tied in small bundles no larger than three feet by two feet by one feet.
No bulk refuse, including appliances such as
stoves, refrigerators, hot-water heaters, washers or dryers, large
furniture or other bulk items shall be placed for collection except
on dates specifically designated by the Board of Trustees. The removal
of construction debris shall be the sole responsibility of the owner
of the subject premises. The Village of Ocean Beach shall not be responsible
for removal of any construction debris.
[Amended 3-13-1999 by L.L. No. 1-1999]
No person shall dispose of and/or store any
garbage and/or refuse and/or other waste materials in the Village
of Ocean Beach except as provided herein. No swill, garbage and/or
refuse shall be in any manner connected to any sewer outlet or dumped
and/or deposited in any body of water, including, but not limited
to, the Great South Bay and/or the Atlantic Ocean. The Village Administrator
shall have the right to issue and/or revoke and/or amend and/or modify
rules and/or regulations regarding the storage and/or disposal of
all garbage and/or refuse and/or waste within any zoning district
in the village. The Village Administrator shall have the right to
impose separate regulations regarding the storage and/or disposal
of any garbage and/or refuse and/or waste as to each and every zoning
district within the village. Such regulations shall be on file in
the office of the Village Clerk and posted thereat and shall be effective
10 days after filing and posting, except if the Village Administrator
shall deem it necessary for said rules and/or regulations to be effective
immediately to protect the health, safety and welfare of the village
and its residents and/or visitors, and then said rules and/or regulations
shall contain such a statement and be effective immediately. Said
rules and/or regulations may be revoked, amended and/or modified at
any public meeting of the Village Board by the Village Board.
[Added 6-10-2000 by L.L. No. 4-2000]
A.
Owners, lessees and occupants of a yard, court or
lot shall keep such areas in a clean and sanitary condition, free
from litters, debris, rubbish, garbage, junk, vermin, rodent harborage
and infestation. Failure to do so may be deemed a health, safety and/or
physical hazard.
B.
The village may require, by notice, the owner, lessee
and/or occupant of any property within said village in violation of
this section to remove and cure any health, safety and/or physical
hazards, and such notice shall be personally served upon the owner,
lessee and/or occupant or, if such personal service cannot be made,
then by mailing such notice to said owner at his last known post office
address and by affixing a copy of said notice to a conspicuous part
of any building which may be located on said property. Such notice,
if so served as herein provided, shall require such owner to cause
such removal within seven days from the date of the service of such
notice.
C.
In the event such hazard is not cured or caused to
be cured by such owner, lessee and/or occupant within said seven days,
then the Village Administrator of said village may cause such health,
safety and physical hazard to be cured and may assess the cost thereof
against the owner of the property, and such assessment shall be made
in the manner provided by the Village Law of the State of New York.
D.
The disposal of such litter, debris, rubbish, garbage,
junk, vermin, rodent harborage and infestation shall comply with all
applicable laws.
[Amended 4-26-1986 by L.L. No. 1-1986; 6-17-1989 by L.L. No.
3-1989; 6-15-1991 by L.L. No. 1-1991; 3-4-1995 by L.L. No. 3-1995; 3-13-1999 by L.L. No. 1-1999; 11-22-1999 by L.L. No. 7-1999; 1-27-2007 by L.L. No. 2-2007]
A.
Number of pails and bundles allowed.
(1)
Each residence or apartment in the Residence District
and each residence or apartment in the Business District shall be
entitled to the collection of a total of three thirty-two-gallon pails
and one bundle of cardboard or brush as set forth herein for any one
collection day. Each commercial establishment shall be entitled to
the collection of a total of three thirty-two-gallon pails and one
bundle of cardboard or brush as set forth herein for any one collection
day. In the event that more than three such pails and one such bundle
are put out for collection by any residence, apartment or commercial
establishment on any collection day, there shall be a charge for said
additional pails or bundles. In any case where any building or commercial
establishment contains more than one apartment or separate business
use, pails shall be marked to indicate the appropriate apartment or
separate business use. For the purpose of this section, a rooming
house, a hotel or a commercial establishment shall constitute a single
entity.
(2)
A "commercial establishment" is defined as a separate
and distinct business entity, according to accepted accounting standards.
B.
The Village of Ocean Beach has determined that the
cost of garbage collection shall be financed by the imposition of
contractual user fees. The Village shall establish a system of user
fees to determine the appropriate rates to be charged for every parcel
in the Village. Such system shall be based upon the New York State
Office of Real Property Services Property Classification Codes. Such
rates and system shall be set as necessary from time to time by resolution
of the Village Board of Trustees. Pursuant to New York State Municipal
Home Rule Law § 10, Subdivision 1a(9-a), such user fees shall
be placed as a direct assessment on the Village real property tax
bills.
C.
The Board of Trustees from time to time shall also
determine the appropriate charges for all bulk refuse placed for collection
and such similar refuse which is not placed in pails. At least monthly,
records of said additional charges shall be mailed to the property
address and to the address of the record owner as listed on the Village
tax assessment roll.
D.
Records; authorized collectors; applicability.
(1)
Records of charges shall be kept by the Village Clerk
based upon the records of the Sanitation Department, which records
shall be presumed correct.
(2)
Employees of the Village, or persons designated by
the Board of Trustees, are the only persons authorized to collect
garbage, rubbish and refuse in the Village.
E.
Charges for collection shall be assessed yearly and
shall be placed as a direct assessment on the Village real property
tax bills.
(1)
Charges for additional pails and bundles shall be
assessed against the property, and responsibility for payment of the
same shall be the obligation of the property owner.
(2)
Charges for additional pails and bundles shall be
assessed yearly and shall be placed as a direct assessment on the
Village real property tax bills.
F.
Charges for collections shall constitute a lien upon
the real property. In the event of the failure or refusal of the owner
of such property to pay any such charges when due, the unpaid amount
thereof, together with interest thereon from the due date thereof,
shall be included in the annual tax levy of the Village upon such
property for each fiscal year, and the amount so levied shall be collected
in the same manner as other Village taxes. The lien shall be prior
and superior to every other lien or claim, except the lien of an existing
tax or other lawful charge imposed by or for the state or a political
subdivision or district thereof.
G.
Third day pickup. The Board of Trustees finds that certain properties located within the Village have a greater need of garbage collection service based upon their property classification codes, the special licenses they maintain to operate and the types of services they offer and provide. During the summer season (the Friday immediately prior to Memorial Day of each calendar year, then restarting the first Friday immediately prior to the Fourth of July and continuing every Friday thereafter and ending on the Friday immediately prior to Labor Day of each calendar year), these properties, as determined by the Village of Ocean Beach Board of Trustees, generate substantial amounts of garbage, rubbish and refuse which the regular two-times-a-week garbage collection service is not adequate to service. The properties, thus identified, become burdened with accumulations which detract from property values and create a detriment to the health and safety of the general public and to those persons working on, in or about such properties. The Board finds that the providing of refuse collection service during those aforementioned Fridays during the summer season will enhance the value of those properties and that such an additional day of collection is a day of vital service to be provided to such properties. The Board further finds that the cost of providing said additional day of collection service shall be considered a contractual user fee and shall be imposed by the method outlined in § 96-7B of this chapter.
[Amended 9-2-1989 by L.L. No. 6-1989; 7-13-2019 by L.L. No. 03-2019]
Any person, firm or corporation violating the
provisions of this chapter shall be deemed a disorderly person in
violation of this chapter, which shall constitute disorderly conduct,
and such person shall be punishable, upon conviction thereof, by a
fine of at least $50 and not exceeding $2,000 for each offense.
