[HISTORY: Adopted by the Board of Trustees
of the Village of Menands as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-19-1998 by L.L. No. 3-1998; amended in its entirety 9-11-2005 by L.L. No. 1-2005]
A.Â
This article is adopted for the purpose of promoting
the health, safety, peace and general welfare of the citizens of the
Village of Menands. The definitions, specifications, requirements,
prohibitions and enforcement provisions in this article are designed
to ensure that the collection of garbage, rubbish, and recyclable
material is accomplished in the best interests of the residents of
the Village of Menands to protect their health, welfare and quality
of life, in a manner that is efficient and cost-effective to the operations
of the Village and the safety of its employees, and is consistent
with the needs and requirements of existing intermunicipal agreements.
B.Â
To that end, the Village of Menands shall provide
regularly scheduled curbside collection and removal of garbage, refuse,
bulk items, and recyclable materials. This service will be available
to residential dwellings of fewer than five units. Dwellings containing
more than four units shall, for the purposes of this article, be considered
multiple dwellings which, together with commercial or office buildings
and/or dwellings where one or more units are used for commercial or
office purposes, shall not be served hereunder.
C.Â
All multiple dwellings, office buildings, commercial, industrial,
and educational entities in the Village of Menands, having garbage
collection services provided by a private waste management service
shall hereby be required to secure dumpsters in an approved dumpster
enclosure area. Those entities not having approved dumpster enclosures
shall be required to comply within 60 days of written notice by the
Village Building Inspector, Village Clerk-Treasurer, Menands Police
Department, or the Board of Trustees, when delivered by classified
mail.
[Added 4-19-2010 by L.L. No. 4-2010]
D.Â
Multiple dwellings, office buildings, commercial, industrial and educational entities currently in operation shall not be excluded from providing an approved dumpster enclosure. All such entities, currently having dumpster enclosures must meet the approved standards hereby identified in Subsection E(1) and (2) of this chapter. Dumpster enclosures must meet material, location and dimensional requirements described in Subsection E of this section as determined by the Village Building Inspector. Those found to be not in compliance with this section must, upon written notice by the Building Inspector, correct any nonconforming enclosure within 60 days of the date of a written notice when delivered by certified or registered mail, return receipt requested.
[Added 4-19-2010 by L.L. No. 4-2010]
E.Â
Owners of multiple dwellings, office buildings, commercial, industrial,
and educational entities must submit location, dimensional, and proposed
building material information along with site plans submitted for
review and approval by the Village Building Inspector.
[Added 4-19-2010 by L.L. No. 4-2010]
(1)Â
Approved dumpster enclosure materials. The following materials shall
be considered appropriate for building or rebuilding of a dumpster
enclosure:
(a)Â
The quality of exterior materials shall be sufficiently durable
to guarantee low maintenance, stability and a reasonable life span.
(b)Â
Approved dumpster enclosure materials:
[1]Â
Common red brick;
[2]Â
Architectural masonry units (colored, textured, painted);
[3]Â
Natural stone, stone veneer or cast stone;
[4]Â
Wood (painted or stained);
[5]Â
Plain vinyl or metal siding, provided the same is attached to
a wood or other structure and maintained to comply with visibility
standards:
[6]Â
Imitation stone, plastic, composite or resin products, provided
the same is attached to a wood or other structure and maintained to
comply with visibility standards.
(2)Â
Dumpster enclosure dimensional and construction requirements.
(a)Â
The dumpster enclosure must be of sufficient height to ensure
that the view of the dumpster is sufficiently obstructed from view
and is designed to prevent refuse from being blown out of the dumpster
enclosure area. The minimum height requirement is six feet.
(b)Â
The dumpster enclosure must be constructed, so as to withstand
snow, ice, wind (of up to 60 mph), normal daily use, without being
substantially destroyed and rendered ineffective as to its purpose.
(3)Â
Penalty for offense. Multiple dwellings, commercial, industrial and educational entities found not in compliance as provided within this these Subsections C, D and E, shall be guilty of a misdemeanor. The fine for a violation after notice shall be $50 per day until compliance. Fines shall not exceed $3,000.
As used in this article, the following terms
shall have the meanings indicated:
Tree branches, twigs, shrubs and hedge clippings not exceeding
three inches in diameter and four feet in length.
Large and/or heavy items and materials larger than two feet
by two feet by four feet or heavier than 50 pounds, including furniture
(other than aluminum yard furniture); Christmas trees; house furnishings;
and large household appliances such as refrigerators, stoves, washing
machines and clothes dryers.
Containers comprised of aluminum, tin, steel or a combination
of ferrous or nonferrous materials, which formerly contained only
food and/or beverage substances.
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
shall not mean wax-coated or soiled cardboard (i.e., pizza boxes).
All decayable waste, with the exception of sewage and body
wastes, but including fruit, vegetable and animal offal, and shall
include all such substances accumulated on or removed from all public
and private establishments and properties, resulting from the handling,
preparation, cooking or storing of foods.
A solid container made of nonrusting metal or hard-shell
plastic used to contain refuse for storage and collection.
Empty bottles, jars and containers of clear (flint), green
and brown (amber) color with rings and caps removed and therefore
generally recyclable. This term does not include ceramic ware, auto
glass, mirrors, kitchenware, window glass and stained glass.
Any material, natural or manufactured, which by itself or
in conjunction with other like or dissimilar material will contaminate,
to environmentally unsafe levels, the atmosphere, soil or water, whether
above or below the ground, or poses a health risk from improper handling,
disposal or discarding of the same; substances so defined and in quantities
so proscribed by the Resource Conservation and Recovery Act of 1976
(42 U.S.C. § 6901 et seq.), the Toxic Substances Control
Act (15 U.S.C. § 2601 et seq.) or Article 27 of the Environmental
Conservation Law or any rule or regulation promulgated under any of
those laws.
To introduce or bring in from an outside or external source.
A person or persons who own or rent land, buildings or dwelling
units.
A combination of medical treatment materials and/or human
wastes which, due to their potential physical, infectious characteristics,
may cause illness to others, or significantly contribute to an increase
in mortality, or an increase in serious irreversible or, incapacitating
reversible illness, or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of, or otherwise managed.
Any individual, firm, partnership, company, corporation,
association, society or group, or any combination of individuals acting
in concert.
The owner or resident of a residence who is considered in
control of the premises.
Any material designated, from time to time, which, under
any applicable law or regulation, is not hazardous and which is separated
from the waste stream and held for its material recycling or reuse
value. It shall mean those items which are marketable and which may
include but not be limited to metal cans, glass, scrap metal, discarded
newspapers, magazines, cardboard, flat paper, plastic, yard waste,
engine oil, tires and vehicle batteries. Recyclables do not include
recyclable materials which in their existing form are contaminated.
Rubbish, garbage, trash, recyclable materials and collectible
yard waste resulting from the normal day-to-day operation of a household,
a business, commercial or industrial establishment or a public or
quasi-public facility. "Refuse" does not include rubble, bulk items,
industrial waste, automobile or other motor vehicle tires, or any
other material not covered under this definition.
Any person, firm, corporation or other legal entity carrying
on the business of receiving, collecting, transporting or disposing
of garbage, rubbish, trash or other wastes or recyclable material
for hire and/or salvage.
A building or parcel of land having fewer than five dwelling
units.
A person residing within the Village of Menands.
General dry material produced routinely by household, commercial
or industrial establishments, such as:
Paper, plastic, cardboard or other material
used to wrap, cover or contain food, other than certain metal HDPE
or glass containers defined in this section as "recyclable material."
Metal (other than pure aluminum, copper, stainless
steel or brass).
Miscellaneous waste material, including rags,
drugs, health aids and materials, sweepings, excelsior, rubber, leather,
cloth, clothing, magazines, paper (other than newspapers), waste materials
from normal maintenance and repair activities, pasteboard, crockery,
shells, dirt, filth, ashes, wood, glass (other than certain glass
bottles, jugs and jars defined in this section as "recyclable material"),
and any other similar waste material. "Rubbish" does not include recyclable
materials, bulk items, rubble or any other material not covered under
this definition.
The Village of Menands and its entities.
Grass clippings, leaves, cuttings and other debris from plants,
shrubs, hedges, tree branches less than three inches in diameter and
four feet in length, and other vegetation. Garbage, recyclable material,
construction and demolition debris, sod or soil shall not be construed
to include yard waste.
The collection and removal of refuse and/or
recyclable material within the Village of Menands by refuse collectors
shall be authorized only between the hours of 7:00 a.m. and 7:00 p.m.,
Monday through Friday, and between the hours of 9:00 a.m. and 4:00
p.m. on Saturday. No such collection and removal shall take place
on Sunday. This provision shall not apply to refuse or recyclable
material collection performed by the Village of Menands and its employees
or contractors.
Garbage placed curbside for collection must be tied in clear or white (opaque) plastic garbage bags and placed in a conforming garbage container. No single garbage container placed for collection shall exceed 40 pounds. Persons not placing garbage in a sealed garbage container may be found in violation if the garbage bags are untied or broken and the contents are strewn or if an unsealed garbage container weighs more than 40 pounds, including infiltration by water. Person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under § 82-10 of this article.
A.Â
Residents shall be prohibited from placing or leaving refuse on the curbside prior to 6:00 p.m. on the evening prior to the scheduled curbside refuse collection, or prior to 4:00 p.m. from November 1 through March 31. Person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under § 82-10 of this article.
B.Â
The above section shall not apply to yard waste.
A.Â
Residents shall be required to recover and secure
emptied garbage containers and/or other waste receptacles from curbside
by 7:00 p.m. on the day of scheduled refuse collection.
B.Â
Garbage containers must be stored in a location on
the premises of the primary occupant or resident (i.e., garage, shed,
porch), that is generally out of sight of adjoining property owners
and the general public. Garbage containers may not be left on the
side of the premises that faces a public street or right-of-way.
A.Â
The curbside collection program is intended as a benefit for the residents of the Village. No person, including residents, shall transport garbage, refuse, or bulk items into the municipal boundaries of the Village for the purpose of leaving such items for curbside collection. Residents of the Village shall be prohibited from accepting imported garbage, refuse or bulk items to their property or residence from outside of the Village with the intent that such garbage, refuse or bulk items will be removed by the Village of Menands Department of Public Works. A person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under § 82-10 of this article.
A.Â
The Village shall provide for the special collection of bulk items. Residents shall be authorized to request special collection for removal of refuse or bulk items from their property or residence. The administrative office of the Village must receive and acknowledge either verbal or written notice at least 24 hours prior to the placement of the materials at curbside for removal. Failure to provide such notice prior to placement of bulk items or other materials at curbside shall be considered a violation. The Village shall also be held harmless if the Department of Public Works is unavailable to provide the service as requested. A person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under § 82-10 of this article.
B.Â
Yard waste.
(1)Â
The Village shall provide seasonal removal of organic
lawn debris, including:
(a)Â
Grass clippings, hay, and other yard debris, with
the exception of leaves, which must be placed curbside in a container
marked as "compostable" or in biodegradable paper bags approved by
the Village for such use;
(b)Â
Brush, tree and bush trimmings, not exceeding four
feet in length, bundled in string or twine, or bagged;
(c)Â
Leaves, which are free of other organic lawn debris,
sod and rocks, which may be placed curbside for removal.
(2)Â
The Village may refuse to collect yard waste that
is found not to be in conformance with this section.
A.Â
Residents shall be prohibited from placing the following
items at curbside for removal:
(1)Â
Contractor's building or demolition materials, including
but not limited to bulk roof shingles, dimensional framing lumber,
bulk or sheet plywood, paneling, plasterboard, sheetrock, stone, blacktop,
concrete, brick or concrete block.
(2)Â
Electronics equipment, including but not limited to
televisions, microwave ovens, computer monitors and related equipment,
batteries, fluorescent tubes.
(3)Â
Automotive parts; tires; oil or fluids.
(4)Â
Medical waste: surgical dressings, hypodermic syringes,
needles or other items and materials used for medical treatment which
may contain bodily fluids or wastes and therefore may pose a potential
biological or health hazard. This section shall not apply to soiled
disposable diapers that are placed in a sealed plastic bag.
(5)Â
Hazardous waste and/or dangerous materials as defined
pursuant to regulations issued by the Department of Environmental
Conservation such as acids, asbestos, wet paints, propane tanks and/or
containers of any combustible or explosive materials.
(6)Â
Yard debris containing rocks, sod, treated wood, cardboard,
or any other nonorganic materials.
B.Â
The Village reserves the right to refuse collection of items not listed. Ten days' notice shall be provided to the official paper as legal notice of changes to the above list. A person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under § 82-10 of this article.
Any person(s), landlord, firm or corporation
violating any of the above provisions of this article, upon conviction
thereof, shall be subject to a fine not to exceed $250 upon the first
offense, and not less than $25 for any subsequent offense or imprisonment
not exceeding 15 days, or both such fine and imprisonment, together
with any and all costs of the Village of Menands for correcting or
abating such violation.
The enforcement of this article and any rules
and regulations promulgated thereunder will be the responsibility
of the Village of Menands Police Department, Building Department,
Department of Public Works and such other persons as may be, from
time to time, authorized by the Board of Trustees of the Village.
Due consideration may be given to residents found offending sections
of this article as may be due to illness, disability or physical infirmity.
The Village of Menands encourages residents
to separate recyclable refuse, including glass, plastics, metal cans,
and newspaper, and to this end shall provide a scheduled recycling
collection.
A.Â
Acceptable plastic recyclable materials include HDPE
#2 plastic bottles; PET #1 plastic bottles (examples: soda, juice,
milk and detergent bottles).
B.Â
Unacceptable plastic recyclable materials include
#3 and #7 plastics (examples: medicine bottles; microwave dishes;
oil containers; butter tubs; yogurt and cottage cheese containers;
non-bottle #1 and #2 plastic bags; or five-gallon pails).