[Adopted 3-1-1989 by L.L. No. 1-1989]
This article shall be cited and may be referred
to hereinafter as the "Mandatory Recycling Law of the Town of Stony
Point."
It is the goal of the Town of Stony Point to
facilitate the disposal of solid waste generated within the town in
the most economical and environmentally accepted manner and reduce
the total amount of solid waste disposed of by the town. This program
is further designed to protect the health and safety of the residents
of the town.
[Amended 1-11-2011 by L.L. No. 1-2011]
A.
For the purposes of this article, certain words and phrases shall
be construed herein as set forth in this section unless it is apparent
from the context that a different meaning is intended. When not inconsistent
with the context, the present tense shall include the future, and
words used in the plural shall include the singular and vice versa.
Further, a masculine pronoun shall include the feminine. The word
"shall" is always mandatory and not merely directory.
B.
BULK WASTE
CARDBOARD
COMMERCIAL CARTING
COORDINATOR
DISPOSAL FACILITY
DISPOSAL FEE
HAZARDOUS SUBSTANCE
MULTIPLE RESIDENCE
NEWSPAPERS
NONRESIDENCE
PERSON
PRIVATE CARTER
RECYCLABLE COLLECTOR
RECYCLABLES
RECYCLING CENTER
RESIDENCE
RESIDENT
RESIDENTIAL CARTERS
SANITATION COMMISSION
SOLID WASTE
SOLID WASTE SERVICE
TOWN
TOWN BOARD
As used in this article, the following words shall have the meanings
indicated:
An item of solid waste larger than two feet by two feet by
four feet or heavier than 50 pounds.
A thick paperboard, including but not limited to corrugated
boxes, cardboard cartons, pasteboard and similar corrugated materials.
A carter who picks up solid waste from a nonresidential customer
or place.
The Recycling Coordinator for the Town of Stony Point appointed
by the Town Board, now or in the future, or his representative.
Any solid waste management plant or site under contract to
receive solid waste originating from within the Town of Stony Point.
The fee charged by any disposal facility under the contract
with the Town of Stony Point.
Any material, natural or manufactured, which, by itself or
in concentration with other like or dissimilar material, will contaminate
to environmentally unsafe levels the atmosphere, soil or water, whether
above or below the ground, including, but not limited to material
and/or substances identified by any permitting governmental agency
or authority as dangerous and/or hazardous, requiring specific compliance
measures to be taken.
A building or parcel of land having four or more dwelling
units. This definition shall include, but not be limited to, condominiums,
cooperatives, apartment buildings, and other multi-residential structures.
A paper product printed on newsprint, including all newspapers,
newspaper advertisements and comics; not included in this definition
are magazines, telephone books or other advertising material printed
on glossy or slick papers, whether enclosed with the newspapers or
not.
Any building or parcel of land not used as a residence or
multiple residence as defined in this section.
Any individual, partnership, association, firm, corporation
or any and all combinations of individuals acting in concert.
An independent contractor providing collection of solid waste services in the town, under license issued by the Town Clerk and subject to the rules and regulations and fee schedule of the Town Clerk, as provided for in Chapter 182, Article I, of the Code of the Town of Stony Point and any amendments thereto.
An independent contractor under contract with the Town of
Stony Point to provide collection of recyclables subject to the terms
and conditions of said contract with the Town of Stony Point.
Solid waste consisting of newspapers, cardboard, plastic
containers, glass bottles and jars and metal food and beverage cans
and such other materials as designated by the Recycling Coordinator
and approved by the Town Board.
Any combination of structure, machinery and facilities used
for the off-loading of recyclables from collection vehicles, the processing
of recyclables and reloading of recyclables into vehicles for marketing.
A building or parcel of land having three or fewer dwelling
units.
A person residing in a residence.
A carter who picks up from a residence as defined herein.
The Sanitation Commission as may now or in the future be
authorized by the Town Board of the Town of Stony Point.
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess of the owner at the time of such discard
or rejection, except sewerage and other highly diluted water-carried
material or substances, and those in gaseous form. Such waste shall
include but is not limited to garbage, sludge, rubbish, ashes, incinerator
residue, street cleanings, dead animals, offal, abandoned vehicles,
agricultural waste, industrial waste, commercial waste and construction
and demolition debris.
The handling, removal, storage or disposal of solid waste,
including but not limited to placing or removing containers for solid
waste on or from the sites within the town not owned by the person
placing or removing the containers and transporting solid wastes from
or to any of the locations within the town.
The incorporated area of the Town of Stony Point.
The Town Board of the Town of Stony Point.
A.
It shall be the responsibility of all residents to
separate recyclables from all residential solid waste and place them
out for collection in the following manner:
(1)
Newspapers, cans and glasses shall be placed in separate
containers.
(2)
Prior to placement for collection and removal, glass
and metal recyclables shall be cleaned and all contents shall be removed
therefrom, caps shall be removed from glass recyclables, and paper
labels shall be removed from glass and metal recyclables.
(3)
Recyclables for collection shall be placed in a paper
bag and placed on the curbside on the date prescribed by the Recycling
Coordinator and/or the Town Board.
(4)
Recyclables shall not be placed in the same container
as or otherwise mixed with other forms of solid waste.
B.
It shall be unlawful for a person to collect from
a resident and dispose of solid waste which consists of recyclables
combined with other forms of solid waste.
C.
Ownership of recyclables set out for collection shall
thereupon vest in the town. It shall be unlawful for any person other
than that person under contract with the town to collect, remove or
dispose of recyclables which are the property of the town.
D.
The Recycling Coordinator and/or the Town Board is
empowered to designate the day of the week on which recyclables shall
be collected and removed from a particular area. Recyclables shall
not be collected or removed from any area, except on the day of the
week so designated.
E.
As of April 1, 1989, all nonresidences and multiple
residences shall:
(1)
Provide for the separate collection of recyclables
as distinguished from other forms of solid waste.
(2)
On or before April 15 of each year, report to the
Recycling Coordinator or to the Town Clerk if no such Recycling Coordinator
is appointed the quantity and manner of disposal of recyclables generated
by the nonresidence and multiple residence in the preceding year.[1]
[1]
Editor's Note: Former § 29-4F, regarding
public notice and adoption of the original ordinance, which immediately
followed this section, was deleted 6-8-1999 by L.L. No. 7-1999.
A.
Any person engaged in the business of collecting recyclables
or rendering recyclable services who is not authorized by the town
shall be guilty of a violation punishable by a fine of not less than
$1,000 and not exceeding the sum of $2,500 and by imprisonment for
a term not exceeding 15 days, or both, and by a mandatory loss of
carting privileges within the town for a period of 14 days. Each day
such violation occurs or continues shall constitute a separate offense.
B.
(1)
For the first conviction: by a fine of not less than
$50 nor more than $100.
(2)
For a second conviction within one year: by a fine
of not less than $100 nor more than $250 and mandatory community service
work of not less than 25 hours.
(3)
For a third conviction within one year: by a fine
of not less than $250 nor more than $500, mandatory community service
work of not less than 50 hours and a sentence of imprisonment not
exceeding 15 days.
(4)
For a fourth conviction within one year: by a fine
of not less than $1,000 nor more than $2,500, mandatory community
service work of not less than 72 hours and a mandatory sentence of
imprisonment of 15 days.
This article only applies to recyclable newspapers.
