[HISTORY: Adopted by the Board of Trustees of the Village of Asharoken 9-1-1992 as L.L. No. 2-1992. Amendments noted where applicable.]
Health and sanitation — See Ch. 79.
This chapter shall be known and may be cited as the "Village of Asharoken Local Law Relating to Garbage and Recycling."
The Board of Trustees of the Village of Asharoken finds that the proper management and disposal of waste materials is necessary to protect the public health, safety and general welfare of the Village of Asharoken. It is also the purpose of this legislation to provide for the mandatory program for the collection of waste materials by residents of the Village and pursuant to the New York State General Municipal Law § 120-aa and to require the source separation and segregation of recyclable materials from solid waste in order to conserve recyclable materials and reduce the cost of solid waste disposal.
As used in this chapter, the following terms shall have the meanings indicated:
- Discarded nonrecyclables and putrescible animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- Discarded materials which may not be reclaimed comprising solid waste in the form of plastic bags, mirrors, ceramic items, aerosol cans, plate glass, styrofoam, pots, pans, plastic toys, oil cans, paint cans, brown paper bags, plastic hangers, egg crates and cartons, pressboard, sweepings, excelsior, rubber, leather, insulation, packing, crockery, shells, clothing, straw, dirt, telephone books, large catalogs, drinking glasses, tree parts and wastepaper but excluding all prohibited materials as defined in this chapter.
- PROHIBITED MATERIALS
- All waste materials not originated in the Village of Asharoken; all waste materials not generated by residents of the Village; hazardous waste materials; grass clippings; leaves; all nonburnable material; wall board; sheet rock; plaster board; tires; infectious waste; auto and truck parts; furniture; metal and plastic chairs; household and other batteries; carpets; rugs; construction and demolition materials; white goods; bulk metal and plastic goods; and mattresses.
- Discarded materials which may be reclaimed comprising solid waste in the form of newspapers, magazines, junk mail, corrugated cardboard, glass bottles, jars and metal cans.
- RECYCLING BINS
- Colored plastic containers supplied by the Village or such other containers as are approved by the Village Sanitation Commissioner.
- The owner, agent, landlord, tenant or occupant of any building used for residential dwelling purposes located in the Village of Asharoken.
- WASTE MATERIALS
- Recyclables, nonrecyclables, garbage and prohibited materials as defined hereinafter.
All recyclables shall be properly separated from all other garbage and nonrecyclables and shall be placed in recycling bins.
Recyclables placed in recyclable bins shall be placed roadside before 8:00 a.m. on the morning on which collection is scheduled in accordance with a schedule promulgated by the Village.
Recycling bins shall be removed from the roadside as soon as possible after collection of recyclables on the collection day.
Newspapers, junk mail and magazines shall be bundled and tied with twine in one-foot stacks and placed in a recycling bin. In inclement weather, these stacks should be protected from the elements by either covering the recycling bin or placing the recycling bins upside down over the stacks.
Corrugated boxes shall be flattened and tied with twine in bundles no longer or wider than four feet and placed on top of the recycling bin.
Glass bottles, jars and metal cans shall be rinsed and cleaned, all caps removed, and placed in recycling bins.
The pickup and removal of all recyclables strewn by humans, animals, birds or weather shall be the responsibility of the resident, and they shall be picked up and collected by the Village in accordance with a schedule promulgated to all residents by the Village Sanitation Commissioner.
All garbage must be placed in a readily available location and in a container which is tightly covered and weighs, when loaded, no more than 50 pounds. Accessible locations include inside an unlocked garage, separate outside bins and the side of the driveway, street or road.
All garbage shall be placed accessible for pickup before 8:00 a.m. on the day scheduled for garbage collection, but garbage containers shall not be placed for collection on the street- or roadside on the night before the scheduled collection day. Garbage containers placed streetside or roadside shall be removed therefrom as soon as possible on the same day after the scheduled collection.
The pickup and removal of all garbage strewn by humans, animals, birds or weather shall be the responsibility of the resident, and it shall be picked up as soon as possible.
Garbage shall be picked up and collected in accordance with a schedule promulgated by the Village Sanitation Commissioner.
Prohibited materials shall not be left out for collection with either recyclables or garbage, and it shall be the responsibility of the resident to dispose of prohibited materials.
Prohibited materials that comprise household hazardous waste and home and garden pesticides shall be delivered by the resident to the Town of Huntington STOP (Stop Throwing Out Pollutants) Facility.
From the time of placement of garbage and recyclables for pickup and collection, such materials shall be deemed to have become the property of the Village of Asharoken. It shall be unlawful for any person to remove such materials from the garbage containers or recycling bins and collect or dispose of such materials without the consent of the Board of Trustees of the Village of Asharoken.
In no event shall prohibited materials be deemed to have become the property of the Village of Asharoken.
Recycling bins delivered to a resident shall at all times be the property of the resident. Replacements for lost, damaged or stolen recycling bins may be obtained from the Village Clerk on payment of a purchase price determined by resolution of the Board of Trustees.
The Village of Asharoken shall be under no obligation to collect any waste materials other than recyclables and garbage that have been placed, separated, tied and secured pursuant to the provisions of this chapter. Failure to comply with the requirements of this chapter covering recyclables and garbage may result in the Village suspending or terminating the pickup service for the resident failing to comply.
It shall be the duty of the Mayor, Sanitation Commissioner or the Village Police Department to administer and enforce the provisions of this chapter.
A person convicted of violating any of the provisions of this chapter other than the provisions applicable to prohibited materials shall be guilty of a violation and punishable as follows:
A person convicted of violating any of the provisions of this chapter applicable to prohibited materials shall be guilty of a misdemeanor and punishable by a sentence of imprisonment of not more than six months and/or a fine not exceeding $1,000.