[HISTORY: Adopted by the Town Board of the Town of New Castle 9-23-1997 by L.L. No. 16-1997; amended in its entirety 12-9-2014 by L.L. No. 1-2015. Subsequent amendments noted where applicable.]
Sustainability Advisory Board — See Ch. 7.
Dumps and dumping — See Ch. 61.
Garbage and refuse collection charges — See Ch. 72.
Solid waste disposal — See Ch. 106.
Editor's Note: This local law repealed former Ch. 73, Garbage, Rubbish and Refuse, adopted 10-28-1975 by L.L. No. 11-1975, as amended.
This chapter shall be known and cited as the "Refuse Collection Law of the Town of New Castle."
The purpose of this chapter is to maintain and promote the orderly collection of refuse in the most efficient and economical manner within the Town of New Castle, while at the same time serving the public convenience and promoting all reasonable efforts to further the recycling of glass, metal, plastics, newspapers and other materials. It is the policy of the Town of New Castle that the accomplishment of these purposes may best be achieved by Town-wide residential refuse and garbage collection performed by a private carter under a contract between the carter and the Town and by municipal regulation of collectors of nonresidential refuse and garbage with regard to financial responsibility, collection procedures, fees and sensitivity to the interest of the public. This chapter, therefore, embodies the Town's standards, requirements and procedures for the regulation of refuse, garbage collection and recycling within the Town of New Castle.
All definitions of terms contained in Chapter 72, Garbage and Refuse Collection Charges, as amended from time to time, are hereby incorporated herein with the same force and effect as though repeated herein in full.
[Amended 3-26-2019 by L.L. No. 2-2019; 6-25-2019 by L.L. No. 9-2019]
Residents shall use approved containers for storage of household garbage, except as hereinafter provided. Such containers shall be practical, suitable and of sufficient strength for the purpose of holding the material intended to be disposed of, shall have a maximum capacity of 32 gallons and a maximum gross weight, when filled, of 60 pounds and shall be equipped with suitable handles and a tight-fitting cover adequately secured to prevent spillage by dogs, raccoons or other animals. Containers for the storage of refuse shall be kept or placed in a single location readily accessible to the collector. Household garbage that cannot be in such standard containers shall be put into other containers, bundled or otherwise secured. Such bundles or containers shall not exceed 60 pounds in weight and shall be limited to six feet in length and three feet in height, width or diameter. For curbside collection, containers for each service unit shall be placed at a single collection point within four feet of the curb not later than 7:00 a.m. on scheduled household garbage collection days. Containers shall only be permitted at curbside from 6:00 p.m. of the night before a scheduled collection until 9:00 a.m. of the day following a scheduled collection. For driveway, rear yard or in-garage collection, containers shall be placed at the appropriate collection location no later than 7:00 a.m. on scheduled household garbage collection days. The containers shall be maintained in a sound and sanitary condition by the resident. The Town Board reserves the right to adopt additional rules and regulations to further the purposes and implementation of this chapter.
Yard waste and mixed recyclables shall not be intermingled with or placed together for collection with either household garbage or trash.
Mixed recyclables must be placed in containers provided by the Town or in containers otherwise approved by the Town. No other material of any kind whatsoever shall be intermingled with the mixed recyclables. Said containers of mixed recyclables shall be placed at the curbside or other appropriate location no later than 7:00 a.m. on the scheduled mixed recyclable collection day. Such containers shall only be permitted at curbside from 7:00 a.m. of the day before a scheduled collection until 10:00 a.m. the day following a scheduled collection. Mixed recyclables may be collected only by persons authorized by the Town Board of the Town of New Castle.
Yard waste to be picked up by the residential contractor shall be in tied bundles, each weighing no more than 60 pounds, or contained in compostable bags made entirely of paper, at curbside no later than 7:00 a.m. on scheduled yard waste collection days and no earlier than five days prior to a scheduled pickup day.
Up to one cubic yard per carload or truckload of yard waste originating solely within the Town of New Castle may be left at the Town of New Castle compost site at Corwin Way by residents at no cost. Residents with more than one cubic yard per carload or truckload of yard waste originating solely within the Town of New Castle from their own residential property or residential property of a relative may be charged an additional fee pursuant to the Master Fee Schedule.
Disposal of carloads or truckloads in excess of four cubic yards of yard waste originating solely within the Town of New Castle shall be subject to a surcharge per cubic yard or any part thereof greater than four cubic yards as determined by Town Board resolution. The depositing of yard waste shall be further regulated by the Town Board by the issuance of such regulations as the Town Board may determine consistent with the provisions of this chapter.
Bulk household trash shall be permitted at curbside for up to 24 hours prior to 7:00 a.m. on the scheduled collection day.
For apartments and condominiums provided with containerized service for household garbage collection by the contractor, containers shall be kept and maintained in a clean and sanitary condition and shall be completely closed at all times, except when actually being used for deposit of household garbage, and shall be adequately secured to prevent spillage by dogs, raccoons or other animals.
The proper disposal of all other refuse and debris that is not collected under these provisions shall be the responsibility of the resident.
Enforcement. The Commissioner of Public Works or his designee will investigate all violations of this chapter. Any items placed out for pickup as household garbage may be periodically checked for recyclable materials. Any household garbage found to contain designated recyclables shall not be the responsibility of the Town carter to collect, until all recyclable materials are separated by the resident. Failure to comply with the provisions of § 73-4 shall be subject to enforcement under provisions set forth in § 73-8.
[Amended 3-26-2019 by L.L. No. 2-2019]
Owners and occupiers of nonresidential properties in the Town of New Castle who contract for or permit on their property containers for the purpose of storage of refuse in excess of the maximum capacity permitted as stated in § 73-4A shall comply with the following requirements with respect to such containers:
Such containers shall be kept and maintained in a clean and sanitary condition with lids completely closed at all times, except when actually being used for deposit of refuse. No refuse, litter or debris shall be left on the ground near the container or otherwise outside of the container.
The Planning Board shall approve the size, location and screening of refuse containers when it approves site plans. Failure of owners or occupiers of a property to install and maintain the refuse container as approved by the Planning Board shall be deemed a violation of Chapter 60, Zoning, of the Town Code.
Commercial carters licensed to provide containers within the Town of New Castle shall comply with the following requirements with respect to such containers:
Such containers shall be kept and maintained in a clean and sanitary condition and in good repair with operating lids and shall be completely closed at all times, except when actually being used for deposit of refuse. No refuse, litter or debris shall be left on the ground near the container or otherwise outside of the container.
All containers, including roll-offs, shall be posted with a conspicuous sign or signs, decals or other legend, as required by the Town Engineer, who shall approve the location, size and content of the sign or signs, which shall advise that members of the public are prohibited from depositing refuse in, on top of or adjacent to such containers. Each container, including roll-offs, shall be labeled with the names, phone numbers and addresses of authorized users and the licensed carter. All authorized users and carters shall be jointly and severally responsible for any violation of this chapter at their container.
Newspapers, magazines and other papers, yard waste, recyclables and any other material designated by the Town of New Castle shall not be intermingled with either garbage, trash or other refuse and shall be recycled in accordance with applicable federal, New York State, Westchester County and Town of New Castle laws and regulations. The licensed carter shall provide the means to store and collect the recyclables.
Construction waste, demolition waste, hazardous materials and/or special materials shall be separated from recyclables and disposed of in accordance with federal, New York State, Westchester County and Town of New Castle laws and regulations.
Except in time of emergency, collection of refuse from bulk refuse containers shall be between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, with no service to take place on Sunday.
No unauthorized person or entity as hereinafter defined shall deposit refuse in a bulk refuse container within the Town of New Castle. No unauthorized person or entity shall deposit refuse collected or accumulated at a business or residential property in any Town-owned garbage or trash receptacle located on public property. No person or entity shall deposit refuse in a container utilized for recycling purposes in any location within the Town of New Castle. The finding of refuse in any such containers, which refuse in part contains material bearing the name or other identifying mark of a person or entity as addressee, shall create a rebuttable presumption that the person or entity to whom such material was found to be addressed deposited such refuse without authorization and in violation of this chapter. "Unauthorized person or entity," as used herein, shall mean a person or entity utilizing a bulk refuse container owned, leased or contracted for by another person or entity without the consent of such person or entity.
The provisions of this section shall take place immediately and shall apply to existing containers in the Town of New Castle.
License required. It shall be unlawful for any person, firm or corporation to regularly collect refuse and/or construction and demolition wastes or to collect any material for recycling within the Town of New Castle, except from his own residence or business property, without first obtaining a license from Westchester County.
All vehicles used in the transportation of refuse and/or recyclables and/or construction and demolition wastes within the Town of New Castle shall be kept in a sanitary condition and shall be so constructed as to prevent leakage in transit. The body of the truck shall be wholly enclosed or shall at all times be kept covered with an adequate cover or canvas cover provided with eyelets and rope for tying down. Loading of vehicles shall be done in such manner as to prevent spillage or loss of contents.
No person other than a Westchester County licensed private carter under contract with the Town or district shall open, rummage in, or remove anything from any approved container of another person without the express written authorization of that other person or the Town of New Castle. Each instance of any such opening, rummaging, or removing shall constitute a separate violation with penalties assessed pursuant to § 73-9 of this chapter.
All fines and penalties for offenses against this chapter shall be determined by the Town Board.
Notwithstanding any other remedy provided herein, any person committing an offense against this chapter shall, upon conviction, be guilty of a violation and shall be subject to a fine of not more than $100 for a first offense and $200 for each subsequent offense.
For violations of § 73-6, the fine for a first offense shall be not less than $200 nor more than $500. For further offenses within a twenty-four-month period, the fines shall be as follows: