[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook as Ch. 10, Art. II, of the 1967 Code of
Ordinances. Amendments noted where applicable.]
[Amended 11-2-1992 by L.L. No. 12-1992]
Waste materials, garbage, recyclables and yard waste (subject to § 137-23D) to be collected and disposed of through the Department of Public Works must be contained in receptacles or bundled as herein prescribed and placed near the curbline.
[Amended 5-16-1972 by Ord. No. 72-42; 1-25-1974]
A.
Waste receptacles must be one of the following:
(1)
Subject to § 137-2A(6) below, a receptacle of galvanized metal or plastic construction, leakproof, with a watertight cover, with a maximum capacity of 40 gallons, which shall not contain more than 100 pounds when filled to four inches below the top of the receptacle.
[Amended 7-19-1999 by L.L. No. 1-1999; 4-24-2023 by L.L. No. 4-2022]
(2)
A plastic bag having a gauge of 0.0015, containing
not more than 30 pounds of waste material.
(3)
A paper bag of two-ply adhesive, 30 pounds' weight-strength,
extensible-kraft waterproof.
(4)
A steel container, commonly known as a "dumpster,"
having the capacity of 1 1/2 cubic yards, mounted on four swivel
casters, and of a size and shape to fit or couple with a Mark 3 Heil
Collectomatic twenty-cubic-yard truck body.
(5)
A steel container commonly known as a "dumpster,"
having a size and capacity suitable and appropriate for picking up
by private solid waste disposal contractors.
(6)
It shall be unlawful for any business, restaurant or commercial establishment
which either serves food or has food served at its location to use
a waste receptacle made of any material other than galvanized metal
or steel construction.
[Added 4-24-2023 by L.L. No. 4-2022]
B.
Waste receptacles must be maintained covered or closed
and in a sound condition, clean and sanitary at all times and free
of foul odors.
C.
A violation of this provision shall be payable by a fine of up to
$250.
[Added 4-24-2023 by L.L. No. 4-2022]
It shall be the duty of all persons offering
garbage and waste materials for collection through the Department
of Public Works to separate combustible and noncombustible materials
into separate receptacles.
[Amended 5-16-1972 by Ord. No. 72-42]
All small debris and waste material to be offered for collection through the Department of Public Works, but which cannot be securely bundled and tied or held in cotton or jute bags, must be placed in a metal receptacle, wood basket or fiber drum and shall not weigh in excess of 100 pounds or in the plastic or paper bags authorized by § 137-2 which shall not weigh in excess of 30 pounds.
Whenever branches, limbs of trees, cuttings
of shrubs or hedges shall be offered for collection and disposal through
the Department of Public Works, the same shall be securely bundled
and tied in lengths of not more than three feet and shall not exceed
50 pounds per bundle.
[Amended 11-2-1992 by L.L. No. 12-1992]
Corrugated boxes and cardboard cartons to be
offered for collection and disposal through the Department of Public
Works shall be made flat and packed in bundles, securely tied; newspapers
(which are to be recycled separately), books, magazines and loose
paper shall be securely bundled and tied, and no such bundle shall
exceed 50 pounds.
Shredded paper, cuttings of plastics, rags,
excelsior and any similar kind of waste materials of a dry nature,
to be offered for collection through the Department of Public Works,
shall be placed in cotton or jute bags filled to 10 inches below the
top, and no such bag shall exceed 50 pounds in weight.
[Amended 5-4-1992 by L.L. No. 8-1992; 2-8-1993 by L.L. No.
2-1993; 4-24-2023 by L.L. No. 3-2022]
A.
During Eastern Standard Time, all receptacles, bundles
of garbage, bulk pickup materials, recyclables and any and all other
items or materials for sanitation pickup shall be deposited at curbside
not earlier than 5:00 p.m. on the day preceding the day scheduled
for collection thereof by the Village or, if collection is by private
contractor, not earlier than 5:00 p.m. on the day preceding the day
scheduled for collection thereof by the private contractor.
B.
During Eastern Daylight Savings Time, all receptacles,
bundles of garbage, bulk pickup materials, recyclables and any and
all other items or materials for sanitation pickup shall be deposited
at curbside not earlier than 7:00 p.m. on the day preceding the day
scheduled for collection thereof by the Village or, if collection
is by private contractor, not earlier than 7:00 p.m. on the day preceding
the day scheduled for collection thereof by the private contractor.
C.
When not
placed out for collection in accordance with this section, all waste
receptacles shall be stored to the side or rear of the main structure
or garage of a property. It shall be unlawful to store a waste receptacle
in the front yard of a commercial, industrial, manufacturing or residential
property. A violation of this provision shall be payable by a fine
of up to $250.
[Amended 5-4-1992 by L.L. No. 8-1992]
The village shall publish such days of village
collection once in the official newspaper and shall post such days
of collection at or near the main entrance to the office of the Village
Clerk. Such days of collection shall become binding upon all persons
10 days after such publication and posting.
[Amended 11-2-1992 by L.L. No. 12-1992]
Waste, garbage and recycling containers and
receptacles and their covers must be retrieved and removed from the
curbline and adjacent to public areas within two hours after collection
has been completed.
[Amended 5-6-1974; 11-2-1992 by L.L. No. 12-1992]
It shall be unlawful for any person to take,
remove, collect, disturb or interfere in any way with newspapers,
metal cans, materials placed out for bulk pickup, recyclables, yard
waste, rubbish, garbage or refuse of any kind from any street, road,
avenue, highway or sidewalk in the village, placed there for removal
therefrom by the Department of Public Works or authorized collectors.
[Amended 10-7-1985 by L.L. No. 9-1985[1]]
A.
For all amounts of garbage, rubbish and refuse collected
by the Department of Public Works from any multiple dwelling, store,
restaurant, manufacturing establishment, place of business or similar
premises within the village in excess of 250 pounds and/or in excess
of one dumpster per week or five waste receptacles per week or four
compacted bags per week, the person or establishment occupying or
using the premises from which the same has been collected shall pay
the village at a rate of $4 per pickup for each dumpster in excess
of one dumpster and at a rate of $1.25 per pickup for each waste receptacle
in excess of five for each compacted bag in excess of four. The foregoing
charges are subject to revision by resolution of the Board of Trustees.
[Amended 10-6-1986 by L.L. No. 17-1986]
B.
For the purpose of Subsection A of this section, the Department of Public Works shall compute the amount of excess garbage collected in accordance with the following. A "dumpster" shall be deemed to be a steel container with a capacity of 1 1/2 cubic yards. A "waste receptacle" shall be deemed to be one container of the type authorized by § 137-2A(1) of this chapter, or three containers of the type authorized by § 137-2A(2) or (3) of this chapter.
C.
The foregoing charges shall be calculated on a basis
of the average weight and/or number of dumpsters and/or waste receptacles
and/or compactors picked up by the village at each location. Bills
rendered for this service shall be paid within 10 days of presentation.
D.
Removal of skids. In addition to any and all of the charges outlined in Subsection A, a fee of $2 will be charged for the removal of each skid from any premises. Payment must be made by check payable to the Incorporated Village of Lynbrook on the day of pickup. This charge is subject to revision by resolution of the Board of Trustees. These checks will be picked up by the Superintendent of the Department of Public Works or his deputies or any designated employee.
[Added 7-13-1987 by L.L. No. 3-1987]
E.
Recyclables and yard waste, excess weights and charges
shall be established by resolution of the Board of Trustees.
[Added 11-2-1992 by L.L. No. 12-1992]
F.
Unpaid
fees and charges to be added to the tax levy. All unpaid fees or charges
for excess accumulation of waste, and municipal or municipality contracted
solid waste collection and/or disposal services, including penalties
and interest, not paid by May 20 of each year shall be added to the
Village tax levy.
[Added 1-22-2024 by L.L. No. 1-2024]
G.
The Board
of Trustees shall annually cause a statement to be prepared setting
forth each amount of solid waste disposal and/or collection fees in
arrears as of April 20 of each year, a brief description of the property
for which or in connection with which such solid waste services were
provided and the name and address of the person or corporation liable
to pay such amount. Such statement shall be presented to the Board
of Trustees, which shall levy such amounts remaining unpaid on the
date taxes are levied against the real property for which or in connection
with which such solid waste services were provided.
[Added 1-22-2024 by L.L. No. 1-2024]
[1]
Editor's Note: This local law was amended
12-16-1985 by L.L. No. 12-1985 to provide that it not take effect
until 4-1-1986. Said L.L. No. 12-1985 was amended 3-17-1986 by L.L.
No. 4-1986 to provide that the effective date be changed to 10-1-1986.
The disposal of garbage and waste materials by and through private contractors in the village shall conform and adhere to regulations promulgated by the Board of Trustees after public notice has been posted and published as set forth in § 137-9.
[Added 7-14-1986 by L.L. No. 11-1986]
A.
Any accumulation of refuse and any waste building
materials in excess of ordinary accumulation thereof resulting from
failure of any person to comply with any provision of this chapter
or from his failure to take advantage of the regular collection service
maintained by the village shall be removed by such person at his or
her own expense. The Superintendent of the Department of Public Works
or his designee shall determine in his sole discretion whether such
excess accumulation exists.
B.
On scheduled days, the Department of Public Works
will collect all classes of refuse from the premises in accordance
with the limitations set forth pursuant to this chapter, but where
amounts in excess of specified limitations are placed for collection,
the Department of Public Works reserves the right to refuse the material,
to defer the collection, to collect the material in part or to make
a special collection thereof at charges authorized by the Department
of Public Works.
C.
The Department of Public Works is hereby authorized
and directed to establish charges for special collection, based on
the personnel and equipment required therefor, plus a reasonable overhead.
[Added 7-14-1986 by L.L. No. 15-1986[1]]
A.
COLLECTION VEHICLE
D.P.W.
GARBAGE
LITTER
OPERATE
PERSON
PRIVATE PROPERTY
REFUSE
RUBBISH
SOLID WASTE
VILLAGE
Definitions. For the purpose of this § 137-15, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural include the singular number; and words in the singular include the plural number. The word "shall" is always mandatory and not merely directory.
A vehicle designed, built and used for the purpose of collecting
refuse.
Refers to the Village Superintendent of Public Works or his
deputy or any other designated representative of the Village Superintendent
of Public Works.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food and readily
combustible material, such as paper, cardboard, wood, excelsior, cloth,
food cans, glass or plastic food containers, bottles and recyclables.
[Amended 11-2-1992 by L.L. No. 12-1992]
Garbage, refuse or rubbish as may be defined herein and other
waste material which is thrown or deposited and which tends to create
a danger to the public health, safety and welfare.
To pick up, collect, load or otherwise perform collection
of refuse.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any property other than that used as a public highway.
All putrescible and nonputrescible solid waste (except body
wastes), including garbage, rubbish, ashes and recyclables.
[Amended 11-2-1992 by L.L. No. 12-1992]
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as yard clippings,
metals, glass, bedding, crockery, recyclables and similar materials.
[Amended 11-2-1992 by L.L. No. 12-1992]
All materials described as garbage, rubbish, ashes, refuse,
yard waste and recyclables.
[Amended 11-2-1992 by L.L. No. 12-1992]
The Incorporated Village of Lynbrook.
B.
Except in the case of municipalities, sanitary districts,
collection districts, school districts or fire departments, it shall
be unlawful for any person to operate, engage in, conduct or cause
the operation of a business engaged in the collection of garbage or
disposal of refuse, offal, dead animals, recyclables and similar materials
or any other offensive or noxious material without having first obtained
a license from the village as well as a permit, if required, pursuant
to provisions of the Public Health Ordinance of the Nassau County
Health Department. Every license issued hereunder shall be issued
as of the first day of January or subsequent day of issuance and shall
expire on the 31st day of December next succeeding said date, unless
sooner suspended or revoked by the Village Board.
[Amended 11-2-1992 by L.L. No. 12-1992]
C.
Compliance; report.
[Added 11-2-1992 by L.L. No. 12-1992[2]]
(1)
Every person engaged in the business of the collection of garbage, refuse, rubbish, recyclables and other similar materials, performing work or providing services to any property, premises or place within the village (referred to in this subsection as a "private carter") must comply with the recycling and source-separation regulations set forth in this chapter, and must demonstrate, in written form prescribed by the Village Clerk, that such person has an existing and active recycling program, prior to the issuance of a license. Such recycling program must address and provide for the recycling of all recyclable material as defined in this chapter and as may be amended by resolution of the Board of Trustees. The Board of Trustees may by resolution amend the list of recyclables, and upon written notification to the private carters of any such amendment, such private carter shall implement such amendments within 30 calendar days of mailing of such notification to such private carter. Failure to implement the required amendment(s) shall be sufficient reason to suspend the operator's license pursuant to § 137-15H.
(2)
All private carters operating within the village shall
submit a written recycling report monthly to the Superintendent of
Public Works. Said report is due on the fifth calendar day of each
month and shall identify the name and address of the private carter
and all recyclables with their respective weights collected within
the village during the immediately preceding month and the total weight
of all solid waste collected and removed by the private carter within
the village for such month, or such other information as the village
deems necessary. Failure to submit the monthly report, as cited, shall
be sufficient reason to suspend the private carter's operating license
within the village. Monthly reports shall be filed on the form prescribed
by the village.
D.
License procedure. Every person who desires to engage
in or conduct the business of the collection of garbage, refuse, rubbish,
recyclables and similar material, and every person who shall be employed
as a driver by a person engaged in such business within the village,
shall file a written, verified application with the Village Clerk
on forms provided for that purpose verifying the following information.
[Amended 11-2-1992 by L.L. No. 12-1992]
E.
The application form is to provide:
(1)
The name and address of the applicant specifying in
the case of any unincorporated association the names and addresses
of each member thereof, and, in the case of any corporation, the names
and addresses of each shareholder [holding 10% or more of the stock
of the corporation], officer and director thereof.
(2)
If the applicant conducts business under a trade name
or if the applicant is a partnership, a copy of the trade name or
partnership certificate duly certified by the Clerk of the county
in whose office the certificate was filed.
(3)
The age and citizenship of the applicant and each
member thereof, if an unincorporated association, and each shareholder
[holding 10% or more of the stock of the corporation], officer and
director thereof, if a corporation.
(4)
The experience of the applicant and each member thereof,
if an unincorporated association, and each shareholder [holding 10%
or more of the stock of the corporation], officer and director thereof,
if a corporation, in the business of collection and disposal of refuse
and similar material.
(5)
The number of collection vehicles to be operated by
the applicant and a description of each such vehicle, including the
ownership of the vehicle, the make, year, model of chassis and body
type, the cubic capacity or tare weight, the color of the vehicle,
the current New York State registration number and the community or
communities in which the vehicle will operate.
(6)
The approximate volume of tonnage each vehicle will
handle per day.
(7)
The location of any and all terminals proposed to
be used by the applicant for the storage of licensed vehicles.
(8)
The applicant's proposed daily route and pickup schedule
for each area and building to be serviced in the village. Within 30
days of occurrence, any changes in the daily route and pickup schedule
shall be reported, in writing, to the Village Clerk.
(9)
The name, address and telephone number, both day and
night, of the applicant or the person in charge of the business.
(10)
A listing of the present customers serviced
by each vehicle.
(11)
The hours and days each vehicle will operate
within the village.
(12)
Any other relevant information the Village Clerk
may require.
F.
Additional requisites for obtaining and holding a
license for solid waste disposal businesses shall be as follows:
(1)
Photographs. Two individual photographs of each officer
and director, if a corporation, or each partner or sole proprietor
taken within 30 days prior to the date of the application, 1 1/2
by 1 1/2 inches in size, which must be a true likeness of the
applicant, showing neck, shoulders and uncovered head.
(2)
Fingerprinting. The applicant [as in Subsection F(1)] must be fingerprinted under the direction and supervision of the Police Chief.
(3)
Police investigation. The Village Clerk shall refer
the application to the Village of Lynbrook Police Department for investigation
and report thereon.
(4)
Ownership of corporate stock of licensee. All capital
stock of a corporate licensee shall be issued only to and in the name
of the true owner thereof. A person shall not hold stock in a corporate
licensee, directly or indirectly, for the use or benefit of another
person.
(5)
Change of ownership of corporate stock. In the event
of any change of ownership of any of the capital stock of a corporate
licensee, the licensee of record must notify the Village Clerk of
such change within three days after such change occurs.
(6)
Insurance. Before a license may be issued by the Village
Clerk, each applicant shall file with the Village Clerk proof of the
following insurance coverage consisting of a certificate of the insurance
carrier:
(7)
Deposit. Before a license may be issued by the Village
Clerk, each applicant shall place a cash deposit of $1,000 with the
Village Clerk.
(a)
In the event that a licensee fails to pick up
and remove any of the materials described herein, in accordance with
the licensee's route and pickup schedule as filed with the Village
Clerk, within 24 hours of the day provided herein, the DPW may cause
such pickup and removal to be made, and all costs incurred in connection
therewith shall be deducted from said cash deposit.
(b)
Said cash deposit shall at all times be maintained
by each licensee in the sum of $1,000, and upon the failure of any
licensee to maintain said deposit after three days' notice and demand
therefor, the Village Clerk may forthwith suspend the license of any
such licensee. In addition, for any violation of this subsection,
such licensee shall be subject to suspension or revocation of his
license and all other penalties provided herein. This subsection shall
apply only to those licensees engaged in the business of the private
collection of refuse.
(8)
Duty to keep records. Every licensee shall keep complete
and accurate books of account with respect to the operation of his
business, in which shall be entered and shall show, among other things,
all income derived or received from each of his customers and/or other
sources, together with details of all expenses and disbursements made
or incurred in the operation of his business. Such books of account
shall be kept current on a monthly or quarterly basis and brought
up to date not later than 30 days after the expiration of such period.
All such records shall be retained by the licensee for at least three
years.
(9)
Right of inspection. The Village Clerk shall have
the right to inspect books of account and records maintained by the
licensee.
G.
Application requirements for each driver shall be
as follows:
(1)
The name, address, driver's license number and type
of license of each driver to be employed by the applicant, which driver
will operate any of the applicant's vehicles in the Village of Lynbrook.
(2)
Photographs. Two individual photographs of the applicant
taken within 30 days prior to the date of the application, 1 1/2
by 1 1/2 inches in size, which must be a true likeness of the
applicant, showing neck, shoulders and uncovered head.
(3)
Fingerprinting. The applicant must be fingerprinted
under the direction and supervision of the Village Clerk and the Police
Department. When the application form has been completed, the applicant
shall present himself or herself to an officer of the Lynbrook Police
Department to be fingerprinted. A copy of such fingerprints shall
be sent to the Division of Criminal Justice Services, Albany, New
York (hereinafter "DCJS"), requesting a fingerprint search, together
with the fee required by the DCJS, in such form of payment as is acceptable
to the DCJS, which fee shall be provided by the applicant. The DCJS
reply shall be reviewed by the Chief of Police or member of the Police
Department. No license shall be issued to a person who has been convicted
of a felony or of any crime involving fraud or fraudulent practices
or the illegal use, sale or possession of marijuana or a controlled
substance or for a violation, during the five years immediately preceding
the application for a license, of § 1192 of the Vehicle
and Traffic Law of the State of New York.
[Amended 4-12-1993 by L.L. No. 4-1993; 7-18-1994 by L.L. No.
6-1994]
H.
Granting or revoking licenses by the Village Clerk.
(1)
A license shall not be issued to an applicant, unless
the Village Clerk is satisfied that:
(a)
All character references have been reviewed
and approved.
(b)
The applicant has sufficient experience to function
as a licensee.
(c)
The applicant is financially responsible.
(d)
Issuance of a license to the applicant who will
not tend toward destructive competition in a market already adequately
served.
(e)
Issuance of a license is in the public interest.
(2)
Additional reasons for license refusal, suspension
or revocation. A license will be refused, suspended or revoked where
one or more of the following situations is found to exist:
(a)
The applicant or licensee has failed and refused,
without reasonable cause, to collect and dispose of garbage and rubbish,
except in a situation where a contract has been lawfully terminated.
(b)
The applicant or licensee has failed to account
or pay, without reasonable cause, any disposal bills to D.P.W. or
other disposal agencies.
(c)
The applicant or licensee has failed to reasonably
fulfill his obligations as a private refuse collector to a customer.
(d)
The applicant or licensee is insolvent or has
made a general assignment for the benefit of creditors or has been
adjudged as bankrupt, or a money judgment has been secured against
him, upon which an execution has been returned wholly or partly unsatisfied.
(e)
The applicant or licensee has failed to keep
and maintain records or has refused to allow the inspection thereof
as otherwise provided in this chapter.
(f)
The applicant or licensee has violated any of
the provisions of this chapter.
(g)
The applicant or licensee has ceased to operate
as a private refuse collector, for which a license was previously
issued.
(3)
Decision to file. Whenever an application or a license
is granted, denied, suspended or revoked, the Village Clerk shall
file a written memorandum stating the reasons for the granting, denial,
suspension or revocation, as the case may be, of the particular license,
together with transcripts or other written information applicable
thereto.
I.
License issuance. If the Village Clerk shall find
from the statements contained in the application that the applicant
is qualified and able to conduct the business of collection of refuse
and similar material and conforms to the provisions of this chapter
and the rules and regulations adopted hereunder, then the Village
Clerk shall issue a license stating the name and address of the applicant
the number of collection vehicles the applicant is authorized to operate
and the date of the issuance thereof, which license shall be for the
calendar year in which the license is issued.
J.
License sticker. The Village Clerk, when issuing a
license, shall also issue a vehicle license for each collection vehicle,
which shall be firmly affixed on the left-hand side of each vehicle
near the cab thereof.
K.
Surrender of license. Upon the sale, dissolution,
suspension or discontinuance, whether voluntary or involuntary, of
the business of a licensee, it shall be the duty of such licensee
to forthwith surrender to the Village Clerk the license issued to
him.
L.
Licensee identification. Each vehicle licensed pursuant
to this chapter shall have on the outside of each door of the cab
the name and address of the licensee in letters not less than four
inches in height, either painted thereon or otherwise securely affixed
thereto.
M.
Sale, transfer or assignment of a licensed private
refuse collection vehicle.
(1)
In the event of the sale, transfer or assignment of
the right, title and interest of a licensed private refuse collection
vehicle, the seller, transferor or assignor shall be required to surrender
the license to the Village Clerk within five days after such sale,
transfer or assignment, together with a sworn statement giving particulars
regarding the sale, transfer or assignment, including the name and
address of the purchaser, transferee or assignee.
(2)
In the event that the new owner, transferee or assignee
of the vehicle or vehicles previously licensed, as provided herein,
desires to have said license reissued in his name, he shall file an
application in the manner provided herein.
N.
Licensing fees for private refuse collection. Private
refuse collection license fees shall be in such amounts as set by
resolution of the Board of Trustees for:
[Amended 12-2-2002 by L.L. No. 6-2002]
O.
Appeals.
(1)
The holder of any license which has been suspended
or revoked and any applicant who shall have been denied a license
under this chapter may apply for a review of the action of the Village
Clerk as hereinafter provided:
(a)
The application for review shall be in writing,
signed and acknowledged by the applicant, and shall state the ground
or grounds on which the applicant claims that the determination of
the Village Clerk was erroneous.
(b)
Said application shall be filed with the Village
Clerk by the applicant within 20 days after notice of denial of his
application has been mailed to him or delivered to him in person.
(c)
Upon filing of the application, a hearing shall be held thereon, pursuant to the provisions of Subsection P hereof.
(d)
At the hearing, as hereinafter provided, the
Review Board shall consider the applicant's application upon the record
before the Village Clerk in connection with the Village Clerk's consideration
thereof and, in its discretion, may receive new or additional evidence
in support thereof or in opposition thereto.
(2)
The Review Board, after the hearing, may affirm the
action of the Village Clerk or direct the Village Clerk to issue a
proper license, pursuant to this chapter.
P.
Hearings. Whenever it shall be provided herein that
a hearing shall or may be held with respect to any matter:
(1)
The hearing shall be held on a date, at a place and
hour, designated by the Mayor.
(2)
The Village Clerk shall give notice thereof, stating
the name and address of the applicant or license holder concerned,
the subject matter of the hearing and the date, place and hour thereof
designated therefor, by mailing a copy thereof to the applicant or
license holder concerned at the address shown upon the most recent
application of such applicant or licensee, at least 10 days prior
to said hearing.
(3)
If an applicant or licensee requests a hearing, the
Mayor shall designate two or more members of the Village Board to
conduct said hearing as a Review Board.
(4)
The applicant or license holder involved shall be
entitled to be represented by legal counsel to the present such competent
and material testimony or other evidence in his own behalf as may
be relevant to the subject matter of the hearing.
(5)
All witnesses shall be sworn and examined under oath.
Q.
Regulations for the operation of private refuse and
recyclable collection vehicles in the village.
[Amended 11-2-1992 by L.L. No. 12-1992]
(1)
It shall be unlawful to dispose of any refuse collected
within the village at any location other than that so designated by
the Village Board of Trustees or at any Town of Hempstead disposal
facility at which the licensee has been authorized to make disposal.
(2)
Private collection vehicles shall operate only between
7:00 a.m. and 12:00 noon, Monday through Saturday, excluding holidays
as otherwise provided.
(4)
Garbage collection vehicles shall be completely enclosed
and watertight.
(5)
Rubbish collection vehicles wherein no garbage is
transported may be of an open refuse collection type, provided that
such vehicle is fitted with suitable canvas or other cover to prohibit
any material being discharged from it while vehicles are in transit.
(6)
Collections are to be made in such manner as not to
permit debris, litter and the like from the collection procedure to
fall upon property, public or private, or upon any highway within
the village.
(7)
Vehicles designed or known as "rear loaders" or "rear
load packers" shall be completely closed in transit, either by the
use of the exterior closing door fitted as part of a body style or
by the use of the closing mechanism in those units not having as a
standard or an accessory a separate exterior door.
(8)
All accessory doors, including the main loading door,
shall be closed in travel on public highways unless the subject vehicle
is engaged in a continuous servicing of adjacent structures on said
highway.
(9)
All private collection vehicles shall perform and
operate on Department of Public Works properties in accordance with
the rules and regulations of the Department of Public Works.
(10)
Collection vehicles shall be subject to inspection
at any time by authorized representatives of the Department of Public
Works, peace officers. Village of Lynbrook police or Nassau County
police, for the purpose of enforcement of this chapter. All persons
or their employees shall be required to give aid and cooperation when
required by such personnel in the performance of the enforcement of
this chapter.
(11)
Collection vehicles shall be kept clean and
sanitary both inside and out. Where, as required in the collection
practice, containers of one cubic yard or more are used, such containers
shall be cleaned and sanitized no less than once per week.
(12)
All vehicles shall be properly identified by
the persons operating such vehicles, including names and addresses.
R.
Penalties.
(1)
An offense against any provision of this § 137-15 is a Class B misdemeanor, punishable by a fine not exceeding $500 or imprisonment for a period not exceeding three months, or by both such fine and imprisonment.
(2)
Each day an offense against this chapter shall be
permitted to exist shall constitute a separate offense.
[1]
Editor's Note: This local law also provided
that it shall take effect 10-1-1986.
[Added 11-2-1992 by L.L. No. 12-1992]
The Board of Trustees of the Village of Lynbrook
declares and finds that the conservation of recyclable and reusable
materials is now a necessity in our society in order that we may conserve
our natural resources and, further, that we may make better use of
those recyclable materials, and whereas the cost of solid waste disposal
is ever increasing and available disposal sites and landfills are
rapidly decreasing, and whereas there are recyclable uses for solid
waste that might otherwise be destroyed, it is the intention of the
Village of Lynbrook to establish a mandatory program for the disposal
of recyclable materials through source separation and segregation
of recyclables from garbage and solid waste. Such a program will reduce
both the amount of solid waste to be disposed of and the cost of landfill
disposal and will benefit the environment. In addition, the separation,
collection and disposal of recyclables in this manner will reduce
the ultimate cost of solid waste disposal in the Village of Lynbrook.
As used in this chapter, the following terms
shall have the meanings indicated:
Those markets which exist when the fully avoided costs of
proper collection, transportation and disposal of source-separated
materials are equal to or greater than cost of collection, transportation
and sale of said material less the amount received from the sale of
said material as determined by the Board of Trustees.
Discarded material and/or material left for collection, which
may be reclaimed and/or reused in a manner for which there is an economic
market for alternate uses and which is comprised of certain varieties
of paper, glass, metal or plastic and which is further defined as
follows:
Paper which is clean, unsoiled and tied with
string or twine and limited to newsprint, including all newspapers
and newspaper advertisements, supplements, comics and enclosures.
Glass.
As follows:
Clear (flint) glass containers, bottles or jars
which are empty, rinsed clean and their lids or tops removed. Clear
glass is glass which contains no coloring of any kind.
Colored glass containers, bottles or jars which
are empty, rinsed clean and their lids or tops removed. Colored glass
is glass which is not clear glass and which contains a coloring or
tint.
All other glass, including glass containers
which held toxic substances, is considered nonrecyclable. Examples
of nonrecyclable glass are mirrors, china, drinking glasses, dishes,
ceramics and glass containers which held solvents and oil-based paint.
Nonrecyclable glass shall be disposed of in accordance with procedures
established by the Board of Trustees.
Metals.
Metal containers which contained a toxic substance
are not recyclable and shall be disposed of in accordance with procedures
established by the Board of Trustees.
Examples of metals which should not be placed
out for regular recycling collection include, but are not limited
to, aerosol cans, appliances, tire rims, lawn chairs, metal containers
which contained toxic materials, motor or other inedible oils, gasoline
or gasoline products, oil-based paints, solvents and pesticides.
Plastics, as follows:
Plastic containers which:
Were used to hold food, beverages and other
household commodities, but not toxic substances;
Are empty, rinsed clean with their lids or tops
removed;
Contain the recyclable symbol designation "1"
(polyethylene terephthalate) or "2" (high density polyethylene) in
the recyclable triangle on their bases; and
Are constructed so that the base of the container
is wider than the top opening so that the container is designed with
a neck.
Examples of nonrecyclable plastics include margarine
tubs, plastic cups, yogurt cups, plastic toys, plates and containers
which held toxic materials. Nonrecyclable plastics shall be disposed
of in accordance with procedures established by the Board of Trustees.
The container into which certain specific recyclables must
be placed as designated by resolution of the Board of Trustees.
All materials placed out for collection or to be discarded
or disposed of.
The separation of recyclable materials and yard waste from
the solid waste stream at the point of waste generation.
Collection of unbagged leaves only from the street area in
front of the curb or curbline of a property by the Lynbrook Department
of Public Works on specifically designated and posted dates.
Leaves, grass clippings, shrubs, tree prunings and other
similar yard debris.
The Board of Trustees may, by resolution:
B.
Determine a material to be recyclable for which there
is an economic market for alternate uses or determine that a material
is no longer recyclable and may adopt rules and regulations for the
recycling, collection and separation of any additional recyclable
materials or any materials that are determined to be no longer recyclable.
C.
Establish regulations for yard waste disposal.
The Board of Trustees shall, by resolution,
implement source-separation and recycling requirements in whole, in
part or in stages and may, by resolution, delay the implementation
of source-separation and recycling requirements in whole or in part.
A.
It shall be the responsibility of each property owner
and each occupant of the village to source-separate recyclables and
to ensure that all recyclable materials are separated from other discarded
materials and are cleaned or otherwise prepared for collection in
accordance with this chapter and in accordance with the rules and
regulations established by the Board of Trustees or the Superintendent
of Public Works. All recyclable material must be placed in the proper
recycling containers or put out by proper method, as established by
the Board of Trustees, when placed at curbside for collection.
B.
It shall be unlawful for any person to collect, remove
or dispose of solid waste which consists of recyclables combined with
other forms of waste or to dispose of recyclables as regular garbage
after the date set by resolution of the Board of Trustees for implementation
of mandatory recycling and source separation.
C.
Newspapers must be tied with string or twine in bundles
not to exceed one foot in thickness.
D.
All recyclables and yard waste shall be subject to
the limits for weight, volume, size and number of containers established
by the Board of Trustees.
E.
Any containers which once held toxic materials must
be disposed of through facilities authorized by law to accept such
containers.
A.
Each recyclable shall be placed only in the container
designated for such specific recyclable material. The specific container
or type of container to be used, or the method of source separation
if there is no specific container designated, shall be determined
and established by the Board of Trustees.
B.
With respect to nonresidential properties and multiple
dwellings, the Board of Trustees shall determine and establish the
type of recycling container and the recycling procedures and methods
to be used and may require the labeling or marking of the containers
for collection by the Department of Public Works.
C.
Property owners and occupants must maintain the recycling
containers in a clean, sanitary and sound condition, free of foul
odor and shall mark each container with their street address.
A.
The days of collection of recyclables and yard waste
shall be established by the Board of Trustees.
B.
Recyclables and yard waste shall be placed at curbside at the time of day set forth in § 137-8 or at such other time as may be established by the Board of Trustees.
C.
Recycling containers shall be retrieved as set forth in § 137-10 or as may be established by the Board of Trustees.
D.
Yard waste must be bagged or tied and placed at curbside
for collection only on the days designated and established by the
Board of Trustees. Yard waste, whether bagged, tied or loose, shall
not be placed or moved into the street by any means. Loose leaves
shall not be placed or moved into the street by any means until after
the specific neighborhood in which the property is located is posted
with dates of collection by special street leaf pickup. Such dates
of collection shall be designated by the Superintendent of the Department
of Public Works.
E.
Metals that are not designated as recyclable shall
be placed out for bulk pickup collection or, as appropriate, disposed
of as toxic, in accordance with the procedures and methods set forth
in this chapter or as established by the Board of Trustees.
Notwithstanding any other provisions of this
chapter, used motor oil shall be disposed of only by delivery to a
service station or other facility which is required or authorized
by law to accept used motor oil.
It shall be unlawful for:
A.
Any person, other than those persons lawfully authorized,
to collect any designated recyclable or remove any articles from any
recycling container which have been placed at curbside for collection
or at a dropoff point.
B.
Any person to violate or to cause or assist in the
violation of any provision of this chapter or of any rule, regulation
or resolution promulgated by the Board of Trustees or the Village
of Lynbrook pursuant to this chapter.
C.
Any person to place or cause to be placed any material
other than a designated recyclable in a recycling container placed
at curbside for collection or at a dropoff point.
A.
In the event that an owner or occupant of property
within the Village of Lynbrook fails to source separate and prepare
recyclable materials for collection in accordance with this chapter
after being given reasonable notice of these requirements, collection
of all solid waste from such property may be suspended until such
time as the owner or occupant can demonstrate compliance with the
provisions of this chapter. Such compliance can be demonstrated by
placing properly separated and prepared recyclable materials for collection
as provided in this chapter.
B.
In addition to the provisions of Subsection A, failure to comply with any of the provisions of this chapter, except § 137-15, shall be deemed a violation. Each day that such violation exists shall constitute a separate offense. Such offense shall be punishable by a fine and/or imprisonment in accordance with the following schedule:
