[HISTORY: Adopted by the Board of Trustees
of the Village of Brightwaters 4-6-1987 by L.L. No. 1-1987 (Ch.
19 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 90.
This chapter shall be known and may be cited
as the "Garbage, Rubbish and Waste Materials Local Law of the Incorporated
Village of Brightwaters, New York."
[Amended 11-4-1991 by L.L. No. 4-1991]
The owner, lessee, tenant or any other person
who has the management or control of or who occupies any lot or plot
of land or residence in the Village shall keep such land at all times
free and clear of accumulations of ashes, rubbish, refuse, grass cuttings,
tree cuttings, leaves, garbage, offal or other substances except such
as are deposited in containers or are otherwise secured as provided
for in this chapter for the collection and disposal by the Department
of Public Works of the Village.
For the purses of this chapter, the following
words and phrases shall have the meanings ascribed to them in this
section:
The residue from the burning of wood, coal, coke or other
combustible materials.[1]
Food, animal, vegetable, fruit or similar organic wastes.
All waste material, including but not limited to rubbish,
vehicle parts, machinery and unregistered vehicles, which tends to
create a danger to public health, safety and welfare or creates unsightliness.
[Added 34-1991 by L.L. No. 3-1991]
Land, buildings or other structures, vehicles, watercraft
or parts thereof upon or in which trash/rubbish is stored.
All other solids, other than ashes, garbage and wrap (hereinafter
defined), including but not limited to garbage, grass clippings, leaves,
tree trimmings, wood, metals, crockery, porcelain and other similar
materials.
Where appropriate herein, the terms "garbage," "ashes," "trash/rubbish"
and "wrap" may be collectively referred to herein as "waste."
Paper, bottles, whether made of glass or plastic, tin cans
and cartons and boxes (broken down and tied together).
[1]
Editor's Note: The definition of "Department
of Sanitation," which immediately followed this definition, was deleted
11-4-1991 by L.L. No. 4-1991.
[Amended 11-4-1991 by L.L. No. 4-1991]
There is hereby created a Department of Public
Works, which shall be under the supervision and control of the Superintendent
of Public Works. The Superintendent of Public Works shall have the
responsibility for the collection and disposal of all waste by the
Department of Public Works. The Superintendent of Public Works shall
carry out all rules and regulations promulgated by the Board of Trustees
concerning such matters as the days for collection of waste, the location
of containers therefor and all other matters relating to the storage,
collection and disposal thereof.
A.
It shall be the duty of every person owning, managing,
controlling or occupying any land or residence within the Village
to provide sufficient metal or plastic receptacles to hold all accumulations
of waste materials ordinarily accumulated on the premises. No person
owning, managing, controlling or occupying any land or residence within
the Village shall store any such receptacle in open view in the front
yard of such land or residence.
[Amended 6-3-2002 by L.L. No. 5-2002]
B.
Waste materials will be stored for collection as follows:
(1)
Garbage. Food waste shall be drained and wrapped in
paper or plastic bags and placed in a plastic or metal watertight
container with a cover and containing handles.
(2)
Ashes. Ashes must be dry and free of embers. Do not
include glass, metals or any other material with the ashes. The ashes
shall be placed in metal containers with adequate covers and handles.
(3)
Trash/rubbish. Thee and hedge clippings must be tied
in bundles not larger than three feet in length and 18 inches in diameter
with an adequate-strength cord. Wood or metal rubbish that cannot
be placed in a container shall be reduced in volume and tied to facilitate
handling. Thee stumps are not acceptable.
(4)
Wrap. Paper and magazines shall be tied in bundles, placed in brown paper bags or deposited in containers for recyclables provided by the Village. Corrugated boxes and containers shall be crushed flat and tied securely in bundles. Plastic, glass and metal recyclables shall be cleaned, caps removed, paper labels removed from metal recyclables and placed in a garbage can, not in plastic bags. Recyclables are to be separately bundled from all other waste material, and no waste, as defined in § 105-3, that is not recyclable shall be bundled with wrap.
[Amended 11-4-1991 by L.L. No. 4-1991]
(5)
Weight. The total weight for each item of collection
shall not exceed 50 pounds.
[Added 11-4-1991 by L.L. No. 4-1991]
[Added 3-4-1991 by L.L. No. 3-1991]
A.
Authority to remove. In the event that the owner,
occupant or person in control of such land shall fail to remove litter
in the Village, including unregistered vehicle(s), vehicle parts and
machinery, the Village shall have the authority as provided for herein
to enter onto such land and clean the same and charge the cost or
expense of such action against the owner and establish a lien in the
manner herein provided.
B.
Village Board action. Any owner of real property in
the Village shall be required to remove the litter which exists upon
his land when directed to do so by resolution of the Village Board,
pursuant to the authority provided under Village Law.
C.
Notice to be served. Whenever the Village Board shall
adopt a resolution requiring the owners of land to remove litter which
exists thereon, the Village Board shall specify the time within which
such work shall be completed. Such notice shall set forth, with reasonable
certainty, the location at which the condition exists and the manner
in which the removal work shall be performed. The owners shall be
given at least 10 days from the date of the mailing of the notice
during which the work shall be performed, and, in any event, such
notice shall grant a reasonable time, giving due consideration to
the amount of accumulation of rubbish or debris and the location thereof.
Notice of the adoption of a resolution requiring the removal work
shall be served upon the owners of the property at which the condition
exists by certified mail, addressed to the last known address of said
owner.
D.
Failure to comply. Whenever a notice or notices referred
to in this section of this chapter have been served and the owner
shall neglect or fail to comply with such notice within the time provided
therein, the Village Board shall authorize the work to be done and
shall provide for the cost thereof to be paid from general Village
funds, as directed by resolution.
E.
Manner of assessment of costs upon real property.
In cases where it shall be necessary for the Village Board to have
the work performed due to the failure of the owner to comply with
the Village Board's resolution, the Village shall be reimbursed for
the cost of the work performed or the services rendered at its direction,
by assessment or levy upon the lots or parcels of land where such
work was performed or such services rendered. All costs actually incurred
by the Village upon each lot or parcel and the charge therefor shall
be assessed and collected in the same manner and in the same time
as other ad valorem Village charges.
No person other than an authorized employee
or agent of the Village or a property owner or occupant shall disturb
or remove any waste that has been placed outside of a residence or
apartment house or lot for removal.
[Amended 11-4-1991 by L.L. No. 4-1991; 5-19-1993 by L.L. No.
3-1993]
A.
All trash/rubbish and wrap for collection by the Village
Department of Public Works must be placed in such place as is designated
by the Board of Trustees, i.e., roadside, after 6:00 p.m. the day
before or before 5:30 a.m. on the scheduled day of collection.
B.
All garbage shall be placed at one designated pickup
area per household.
C.
Whenever any of the item(s) defined by § 105-3 of this Code have been placed at roadside for Village collection and said item(s) were not collected by the Village on the scheduled date therefor for any reason, it shall be the duty of every person owning, managing, controlling or occupying the land or residence in the Village from which said item(s) were generated to remove the same from the roadside by no later than 12:00 midnight of that scheduled collection date.
[Amended 11-4-1991 by L.L. No. 4-1991]
The following refuse shall not be considered
acceptable for collection by the Department of Public Works and shall
not be placed out for collection:
A.
Materials resulting from the repair, construction,
alteration or excavation of buildings or structures, streets or sidewalks,
such as earth, plaster, mortar, concrete, bricks, lath and roofing
materials, wood debris or other types of construction debris. Arrangements
are to be made with private contractors for the removal of trees and
large quantities of refuse. Professional gardeners and landscapers
are required to remove their own debris.
B.
Dangerous materials or substances, such as combustible
materials or substances, poisons, acids, caustics, infected or infectious
materials, explosives or those materials which may be of danger to
the ecology or residents of the Village.
C.
Materials which have not been prepared in accordance
with the provisions of this chapter.
D.
Large bulk items such as refrigerators, bedsprings,
box springs, stoves, washing machines, hot-water boilers, etc., will
not be removed with the rubbish. It will be necessary to call the
Department of Public Works to arrange for removal of these items.
A fee will be charged for such items. Items are not to be placed at
the property line until arrangements have been made with the Department
of Public Works.
E.
Waste which is not placed in accordance with the rules
and regulations promulgated by the Board of Trustees for that purpose.
[Amended 11-4-1991 by L.L. No. 4-1991]
All disposable material shall be collected according
to a schedule approved by the Board of Trustees.
A.
The charge for the collection and disposal of waste
by the Department of Public Works of the Village shall be according
to a schedule set by the Board of Trustees.
[Amended 11-4-1991 by L.L. No. 4-1991]
B.
The residential sanitation charge shall be billed
annually by the Village, in advance, as a part of the annual Village
real property tax bill to the record owner of the premises and shall
be due and payable to the Village at the same time that the Village
real property tax bill is paid, such payment to be made at the office
of the Village Clerk and/or the Receiver of Taxes.
C.
Penalty for delinquent charges. In the event that
the residential sanitation charge is not paid within the time provided
for payment of the Village real property tax bill, then a penalty
charge shall be added to the amount owed, and said penalty charge
shall be at the same rate as that established by the appropriate statutes
of the State of New York relating to penalties on delinquent Village
property taxes.
D.
Lien for unpaid charges. All residential sanitation
charges, including penalties and interest thereon, if any, shall be
a lien upon the real property benefited by the refuse collection and
disposal service provided for under this chapter from the date that
the residential sanitation charge is due and payable, and such lien
shall be prior and superior to every other lien or claim except the
lien of the existing taxes or local assessments. The Board of Trustees
may certify to the Village Clerk and/or the Village Receiver of Taxes
the amount of any such lien which has not been paid at the time and
in the manner prescribed by such Board, with a description of the
real property affected thereby, and the Board of Trustees may include
such amount in the annual tax levy and shall levy the same upon the
real property in default.
A.
No person, other than an authorized employee or agent
of the Village Department of Public Works, shall disturb or remove
any waste that has been placed outside of a residence or apartment
house within the Village for removal.
[Amended 11-4-1991 by L.L. No. 4-1991]
B.
Commercial enterprises within the Village shall be
responsible to dispose of all waste accumulated by or arising out
of their commercial enterprise. No person, other than one licensed
by the Town of Islip for private collection and approved by the Board
of Trustees of the Village, shall disturb or remove any waste or other
articles from a commercial establishment, and the same shall only
be removed in a vehicle lawfully licensed and authorized to remove
such waste.
C.
Nothing herein shall be deemed to prohibit a property
owner or occupant from disposing of his own waste, subject to prior
approval of the Board of Trustees.
D.
All garbage, refuse and waste, as defined in § 105-3, from commercial establishments located within the Incorporated Village of Brightwaters shall be collected or removed between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is prohibited to collect or remove any garbage, refuse and waste from any commercial establishment on Saturday or Sunday.
[Added 6-1-2015 by L.L.
No. 3-2015]
No refuse shall be disposed of within the Incorporated
Village of Brightwaters except in such manner and at such place or
places as may be permitted by the Board of Trustees.
[Added 7-6-1998 by L.L. No. 1-1998]
No person shall placed, or cause to be placed,
any litter or waste on any public road or public property in the Village
of Brightwaters.
[Amended 11-4-1991 by L.L. No. 4-1991]
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or both such fine and imprisonment.
