[HISTORY: Adopted by the Town Board of the Town of New Castle 9-23-1997 by L.L. No.
16-1997;[1] amended in its entirety 12-9-2014 by L.L. No. 1-2015.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
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.
[1]
Editor's Note: This local law repealed former Ch. 73,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]
A.
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.
B.
Yard waste and mixed recyclables shall not be intermingled with or
placed together for collection with either household garbage or trash.
C.
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.
D.
Yard waste.
(1)
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.
(a)
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.
(2)
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.
E.
Bulk household trash shall be permitted at curbside for up to 24
hours prior to 7:00 a.m. on the scheduled collection day.
F.
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.
G.
The proper disposal of all other refuse and debris that is not collected
under these provisions shall be the responsibility of the resident.
H.
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]
A.
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:
(1)
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.
(2)
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.
B.
Commercial carters licensed to provide containers within the Town
of New Castle shall comply with the following requirements with respect
to such containers:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
C.
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.
D.
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.
A.
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.
