[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza 3-2-1988 as L.L. No. 2-1988. Amendments noted where applicable.]
It is the purpose of this chapter to protect and enhance the public health and welfare of the Village of Great Neck Plaza by providing for the storage, collection and transportation for disposal of solid waste and recyclable materials within the Village of Great Neck Plaza, including the licensing and regulation of persons and vehicles engaged in such collection and transportation.
For the purpose of this chapter, the following terms, phrases and words shall have the following meanings:
- APARTMENT BUILDINGS
- All buildings used only for living purposes, which contain three
or more dwelling units.[Added 2-15-1989 by L.L. No. 2-1989]
- The residue from burning of wood, coal, coke or other combustible materials.
- COMMERCIAL AND MISCELLANEOUS BUILDINGS
- All buildings other than residential buildings, apartment buildings
and retail buildings and shall include, but not be limited to, office buildings,
industrial buildings, buildings used for governmental and quasi-governmental
activities and buildings used for religious purposes such as churches and
synagogues. This term shall also include those portions of buildings containing
offices or residences over retail stores in the Business District, either
two, three or four stories in height.[Added 2-15-1989 by L.L. No. 2-1989]
- FOOD SERVICE BUSINESS
- A building or any portion thereof, a store or any premises devoted
to any of the following uses or to any uses similar to them: bakery; bar;
butcher shop; candy store; delicatessen; fish market; food store, fruit and
vegetable store; grocery store; health food store; ice cream parlor; poultry
store; restaurant; supermarket.[Added 10-8-1992 by L.L. No. 9-1992]
- Any animal, vegetable, fruit or similar organic wastes liable to become putrid, including wastes resulting from the bundling, preparation, cooling or storage of foods and inorganic wastes, such as boxes, cans and bottles and similar receptacles and containers which have contained any type of food materials and dead animals.
- Only newspapers and shall not include magazines, mail or other types of paper such as telephone books.
- NON-DEPOSIT GLASS CONTAINERS
- Glass containers such as food jars, wine and liquor bottles, beverage containers and other similar containers for which no deposit has been paid at the point of purchase. Such phrase does not include any containers used for toxic or hazardous substances and does not include the lids or caps of glass containers. Such phrase also does not include decorative glassware, drinking glasses, light bulbs, home or auto window glass or mirrors.
- NON-DEPOSIT METAL CONTAINERS
- Metal containers such as food cans, beverage containers or tennis-ball containers for which no deposit has been paid at the point of purchase. Such phrase does not include aerosol cans, paint cans or any cans used for toxic or hazardous substances.
- Any individual, partnership, corporation, joint venture, governmental or quasi-governmental unit and all other kinds of organizations and entities of any type whatsoever.
- Land, buildings or other structures or parts thereof upon or in which refuse is stored.
- Any solid waste materials accumulating or resulting from the use or occupancy of buildings or premises and including garbage, ashes, newspapers, non-deposit glass and metal containers and rubbish.
- RESIDENTIAL BUILDINGS
- One-family and two-family homes.[Added 2-15-1989 by L.L. No. 2-1989]
- RETAIL BUILDINGS
- All portions of buildings which are used and/or rented for retail
sales, services and other similar activities, including restaurants, bars
and food service businesses.[Added 2-15-1989 by L.L. No. 2-1989]
- RUBBISH or LITTER
- All solids other than ashes, garbage, newspapers and non-deposit glass and metal containers, including, but not limited to, paper, cardboard, grass clippings, leaves, tree trimmings, wood, glass, metals, plastics, crockery, porcelain and similar materials, automobiles, appliances and rubble.
Garbage shall be drained and stored in fire-resistant, durable, rust-resisting, nonabsorbent, watertight and easily washable commercially manufactured containers, which shall have close-fitting covers and adequate handles or bails to facilitate collection. Said containers shall be not less than ten gallons nor more than 30 gallons in capacity and shall not be filled to exceed 50 pounds in weight.
Ashes shall be stored in fire-resistant containers with close-fitting covers. Such containers shall be equipped with adequate handles or bails to facilitate collection and shall be not greater than 20 gallons in capacity. Ashes containing hot embers shall not be placed in containers for collection.
Rubbish shall be stored in fire-resistant, durable containers with close-fitting covers. Such containers shall be equipped with adequate handles and bails to facilitate collection and shall be not greater than 20 gallons in capacity, except that bulky rubbish such as tree trimming and collapsed boxes and crates must be compactly and securely tied and bundled so as to be easily handled and not likely to be scattered, but not to exceed three feet in length and not more than 50 pounds in weight, and when so tied and bundled may be stored beside the rubbish containers. Appliances and other large items shall be safely stored beside rubbish containers, provided that refrigerators, stoves and similar items may be stored only with their doors removed.
Newspapers put out for collection by the owners, lessees or occupants of residential dwellings shall be securely bundled and tied, in packages not exceeding 50 pounds, with a rope or cord sufficient in strength to facilitate handling.
Non-deposit glass and metal containers put out for collection by the owner, lessees or occupants of residential dwellings shall be stored in plastic, durable, rust-resisting nonabsorbent, watertight and easily washable commercially manufactured containers, which shall have close-fitting covers and shall be equipped with adequate handling or bails to facilitate collection. Such containers utilized by multiple dwellings shall have a capacity of 30 gallons, and those utilized by single-family dwellings shall have a capacity of 10 gallons.
Plastic bags (polyurethane) may be used for storage of all refuse, except newspapers and non-deposit glass and metal containers put out for collection at residential dwellings, provided that such bags are securely tied or otherwise fastened at the top, are free from holes, rips or tears and are of sufficient strength to permit normal handling without rupture. Maximum size bag for garbage: 30 gallons; maximum size bag for leaves or refuse not containing garbage: 55 gallons and not to exceed 50 pounds in weight and have a minimum thickness of three mills.
Metal containers larger than those permitted in Subsection A of this section may be used on commercial properties where the type of collection equipment and/or collection methods permit the handling of such containers without endangering health or safety but only upon approval of the Superintendent of Public Works.
Hazardous refuse shall not be stored, placed for collection or collected except upon special permission of the Superintendent of Public Works.
The owner of any premises shall keep refuse containers covered at all times except while refuse is actually being placed or deposited in such containers, and no person shall in any manner disturb such containers or remove the covers or the contents from such refuse containers except in accordance with the provisions of this chapter.
Food service businesses shall be required to store all garbage, refuse and waste materials within the premises in a storage room which meets the requirements of the Nassau County Health Code, except when such garbage, refuse or waste materials may legally be stored under the other provisions of this chapter in an approved dumpster. Such waste material stored on premises shall not be permitted to interfere with legal exits and shall be stored in fire-safe containers and rooms in a safe and sanitary manner.
[Added 10-8-1992 by L.L. No. 9-1992]
Refuse containers shall be maintained free from odor and in clean and good condition by the owner or by the person or owner to whom the container or premises are leased. In the event that a container on premises becomes dangerous or is liable to injure or hinder the person collecting its contents, the container shall be replaced with a proper and safe container within one week after the receipt of a written notice from the Superintendent of Public Works.
No person shall install or have installed a dumpster without the approval of the Superintendent of Public Works as to its location.
No person shall install or have installed a dumpster without providing for the screening of it by fences, gates, living plants or a combination thereof in a manner approved by the Superintendent of Public Works.
[Amended 10-8-1992 by L.L. No. 9-1992]
Where refuse, garbage or waste is collected at the curb for uses other than food service businesses, containers shall be visible and in an accessible area so as not to interfere with the sidewalk and pedestrian or vehicular traffic and parking.
All waste material from food service businesses shall be collected by the carter directly from the waste storage facility or room within the premises. No such waste shall be kept or stored on any sidewalk or public place within the village but shall be loaded directly on the truck from the on-premises garbage storage facility.
[Amended 2-15-1989 by L.L. No. 2-1989]
Refuse collections from residential buildings, apartment buildings, retail buildings and commercial and miscellaneous buildings shall take place on such dates and times as are determined by the Board of Trustees as contained in a contract or otherwise.
Refuse that is legally stored in dumpsters for collection shall be placed for collection between the hours of 7:00 a.m. and 6:00 p.m. on the day of collection, except that dumpsters from retail or commercial and miscellaneous buildings immediately adjacent to residential and apartment buildings shall be placed for collection between the hours of 10:00 a.m. and 6:00 p.m. on the day of collection.
Except for the collection of dumpsters, refuse from retail buildings shall be placed for collection only between the hours of 9:00 a.m. and 10:00 a.m. on the day of collection. No refuse may be placed on the sidewalk for collection overnight nor at any other time than during the specified hour.
Except for the collection of dumpsters, refuse from commercial and miscellaneous buildings shall be placed for collection only between the hours of 8:00 a.m. and 9:00 a.m. on the day of collection.
Garbage, rubbish and ashes from apartment buildings shall be placed for collection only during the hours of 8:00 a.m. to 10:00 a.m. on the day of collection. Containers for metal and glass containers and bundled newspapers may not be placed for collection from apartment buildings earlier than 5:00 p.m. on the day preceding collection. Except as stated herein, no refuse may be placed out overnight for collection from apartment buildings nor at any time other than during the specified hours.
Garbage and ashes from residential buildings shall be stored and collected at the rear or side door outside each building. Rubbish containers, containers for metal and glass containers and bundled newspapers may not be placed at the curb for collection from residential buildings earlier than 5:00 p.m. on the day preceding collection.
It shall be mandatory for persons who are owners, lessees or occupants of residential dwellings in the village to separately bundle newspapers for pickup collection and recycling.
It shall be mandatory for persons who are owners, lessees or occupants of residential dwellings in the village to utilize separate and proper containers for disposal, collection and recycling of non-deposit glass and metal containers.
Newspapers and non-deposit glass and metal containers shall be placed at the curb for collection on days specified by the Superintendent of Public Works.
It shall be the responsibility of the owner of a multiple-family residential dwelling in the village to designate appropriate sites within the multiple dwelling for the collection by tenants and occupants of non-deposit metal and glass containers and newspapers. It shall also be the responsibility of the owner of a multiple-family residential dwelling in the village to purchase and make available to the tenants or occupants of said dwelling proper containers for the collection of non-deposit metal and glass containers.
It shall be the responsibility of the occupants or tenants of a residential dwelling to rinse thoroughly and drain all liquids from non-deposit metal and glass containers prior to placing such containers out for collection.
The village shall provide for the collection of refuse except that persons shall be required to make their own arrangements for the collection of the following types of refuse:
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.
Hazardous materials or substances, such as poisons, acids, caustics, infected materials and explosives, provided that prior permission has been obtained from the Superintendent of Public Works.
Solid wastes resulting from industrial processes.
Materials which have not been prepared in accordance with the provisions of this chapter.
Any garbage or refuse not covered by a village contract.
The owner, his agent, the occupant and the person in charge of any premises within the Incorporated Village of Great Neck Plaza shall be responsible for the sanitary condition of the premises owned, cared for or occupied by him, and no person shall discard, place, deposit or store or allow, permit or cause to be discarded, placed, deposited or stored any refuse, on said premises, except in accordance with the provisions of this chapter.
The owner, his agent, the occupant and the person in charge of any premises within the Incorporated Village of Great Neck Plaza or a person whose property is outside of the village but whose adjacent sidewalk is located within the village shall be responsible for the cleanliness of the sidewalk in front of and adjoining such premises, and no person shall discard, place, deposit or store or allow, permit or cause to be discarded, placed, deposited or stored any refuse on any sidewalk except in containers which comply with this chapter which have been provided for such purpose by said owner, agent, occupant or person in charge, and no person shall allow, permit or cause any refuse to remain discarded, placed, deposited or stored upon the sidewalk in front of or adjoining such premises except in such containers.
The owner, his agent, the occupant and the person in charge of any premises used for business or commercial purposes within the Incorporated Village of Great Neck Plaza or a person whose property is outside of the village but whose adjacent sidewalk is located within the village shall sweep clean the sidewalk in front of and adjoining his premises before 10:00 a.m. each day and at such additional times as may be necessary to maintain the sidewalk free of litter, except Sundays and legal holidays.
No person shall allow, permit or cause to be discarded, placed, deposited or stored any refuse on or in any street, highway, avenue, drain, ditch, watercourse or body of water or other public place within the Incorporated Village of Great Neck Plaza except in containers which comply with this chapter which have been provided for such purpose, and in no event upon the premises of another except with the consent of the owner or occupant thereof.
No person shall sweep refuse or litter onto any sidewalk or gutter located in the village.
A licensed cartman is responsible to clean any litter or mess caused by him and shall be required to carry with him within the village brooms and such other equipment as is necessary to remove spilled garbage or refuse.
The Superintendent of Public Works, the Building Inspectors and Fire Inspectors and such other officers or employees of the village as shall be designated by the Board of Trustees by resolution shall have the responsibility for the administration, supervision and control of the collection and disposal of refuse pursuant to this chapter.
The Superintendent of Public Works or any other person authorized by said Board of Trustees shall have the power to enter, at reasonable times, upon any premised within said village for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this chapter, provided that for other than public areas he has first obtained an administrative search warrant except where such warrant cannot first be obtained because of an emergency which threatens to cause serious personal injury or property damage.
All vehicles used to collect, haul or transport refuse within the village shall be of metal or other impervious materials, shall be constructed and maintained to prevent refuse from accumulating in or on the body, shall be capable of being completely emptied and shall be kept in a generally clean and sanitary condition.
Any vehicle used to collect, haul or transport garbage or ashes within the village shall be of the packer type with fully enclosed body or other type approved by the Superintendent of Public Works to minimize the escape of any noxious or disagreeable odors or the escape of any of the vehicle's contents, either liquid or solid.
Any vehicle used to collect, haul or transport rubbish within the village may be of open body type but shall be equipped with a tarpaulin or other suitable cover, cleats or other fastenings, which, when properly secured, will prevent blowing off, spilling or scattering of contents when said vehicle is in motion. Such cover shall be kept properly secured whenever such vehicle is in motion except when actually engaged in collection.
All vehicles used within the village by any refuse collector or hauler shall display the name of the collector, license number and vehicle number clearly printed and readily visible on each side of the vehicle with figures and letters at least three inches in height.
All vehicles used to collect, haul or transport refuse within the village shall be subject to inspection by the Superintendent of Public Works whenever he deems necessary. In any event, a person operating any such vehicle shall have it inspected and approved by the Superintendent of Public Works no less than once every six months.
Except as otherwise provided herein, no person shall operate, engage in, conduct or cause the operation of a business engaged in the collection of refuse in the Village of Great Neck Plaza without first having obtained a village license, as well as all other permits required by law, nor shall any such person use in such collection of refuse any vehicle other than one approved in such license.
Nothing herein provided shall prohibit the actual producers of refuse or the owners of premises upon which refuse has accumulated from personally collecting, conveying and disposing of such refuse, without the license provided, in compliance with all other provisions of this chapter.
Any person who desires to collect or engage in the business of collecting refuse within the village shall file a written application with the Village Clerk, containing the following information:
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 officer and director thereof.
If the applicant conducts business under a trade name or if the applicant is a partnership, the application for a license must be accompanied by a certified copy of the trade name or partnership certificate filed in Nassau County.
The age of the applicant and each member thereof, if an unincorporated association, and each officer, director and shareholder, if a corporation.
The experience of the applicant and each member thereof, if an unincorporated association, and each director, officer and shareholder, if a corporation.
The number of collection vehicles to be operated by the applicant and a description of each such vehicle, containing the ownership of the vehicle, the make, year, model of chassis and body type and cubic capacity and color of vehicle, the current New York State registration number and the community or communities in which the vehicle will operate.
The approximate volume and tonnage each vehicle will handle per day.
The location of any and all terminals proposed to be used by the applicant for the storage of licensed vehicles.
The applicant's proposed daily route and pickup schedule for each area to be served in the village.
The name, address and telephone number, both day and night, of the applicant or the person in charge of the business.
The hours and days each vehicle will operate within the village.
A schedule of the fees or charges proposed to be charged to customers.
Any other relevant information the Village Clerk may require.
Before a license may be issued by the Village Clerk, the applicant shall file with the Village Clerk proof of the following insurance coverage, consisting of a certificate of the insurance carrier providing for 10 days' written notice to the village of any cancellation or modification of said insurance:
Public liability insurance with minimum limits of $200,000 for each person killed or injured and $500,000 for each accident and $50,000 property damage.
If the Superintendent of Public Works shall find from the statements contained in the application and after investigation of other relevant factors that the applicant is qualified and able to conduct the business of collection of refuse and conforms to the provisions of this chapter and any other applicable rules and regulations of the Village of Great Neck Plaza and that the issuance of the same is in the public interest, then the Village Clerk shall issue a license stating the name and address of the applicant, the number and identity of collection vehicles the applicant is authorized to operate and the date of the issuance thereof, which license shall, unless properly renewed, expire on the first day of January next succeeding the date of issuance. License renewals shall be issued for a period of one year only, expiring on the 31st day of December.
Each application for a license as herein provided shall be accompanied by a fee of $100 which is not refundable. In addition, the fee for each approved vehicle under such license shall be of $25. The fee for license renewals shall be $50, together with the sum of $25 for each approved vehicle licensed thereunder. There shall be a fee of $25 for the substituting of an approved vehicle under any license.
Any license issued under the provisions of this chapter may be suspended or revoked by the Board of Trustees in the event that a licensee violates any of the provisions of this chapter. No suspension or revocation may occur except after a hearing upon due notice to such licensee.
Any person who violates a provision of this chapter shall be liable to pay a penalty not to exceed $250 or be imprisoned for a period not to exceed 15 days, or both, for each such violation.
Local Law No. 1 of 1976, Local Law No. 9 of 1977, Local Law No. 15 of 1977 and Local Law No. 2 of 1982 are hereby repealed.