Village of Walden, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Walden as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 167.
[Adopted 3-13-1973 as Art. XII of Ch. VI of the Walden Village Code (Ch. 85, Art. I, of the 1982 Code)]

§ 247-1 Collection permit required.

No garbage shall be collected without a permit issued upon written application to the Board of Trustees.

§ 247-2 Considerations for permit; revocation; transportation.

The Board shall, before issuing the permit, be satisfied that the applicant is responsible and supplied with facilities such as it may deem necessary for the prosecution of the business with the least offensiveness and danger to the public. Any permit granted is revocable, at the discretion of the Board of Trustees, upon violation of any provision of this article or any order or regulation made by the Board of Trustees. Tight-fitting boxes or receptacles shall be used in the collection and transporting of garbage, offal and refuse, and it shall be unlawful for any person to transport the same except as prescribed, so as to allow no droppings, spillings or oozing of the same upon the streets, public places or premises in said Village.

§ 247-3 Inspection of equipment; permit fee.

[Amended 5-9-1989 by L.L. No. 2-1989[1]]
No permit shall be issued until the applicant's collection equipment has been inspected for compliance with Village ordinances by the Superintendent of Public Works and the payment to the Village Treasurer of the permit fee.
[1]
Editor's Note: This local law repealed all existing permit and license fees contained in the Code of the Village of Walden. See now Ch. A310, Fees.

§ 247-4 Renewal of permits.

Such permits are renewable annually on April 1 upon the inspection and payment described above.

§ 247-5 Equipment not in operation.

Such collection vehicles are banned from any residential and business zone within the Village when such equipment is not in operation.

§ 247-6 Penalties for offenses.

[Amended 12-14-1982 by L.L. No. 6-1982]
Any person committing an offense against any of the provisions of this article shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[Adopted 8-10-1999 by L.L. No. 3-1999 (Ch. 85, Art. II, of the 1982 Code)]

§ 247-7 Legislative intent.

The Board of Trustees of the Village of Walden has determined that it is in the interest of the health, safety and general welfare of the residents of the Village to institute weekly garbage and trash collection for residential and commercial properties within the Village of Walden. The Board of Trustees has further determined that weekly garbage and trash collection will greatly improve the appearance of the Village, provide cost savings to most residents of the Village and generally enhance the quality of life for those who live and/or work in the Village. In order to effectuate these goals, the Board of Trustees hereby determines that rules and regulations are necessary to provide for the clean, orderly and sanitary means of placing garbage curbside for collection as well as for the safe, efficient and sanitary means of collecting and disposing of same.

§ 247-8 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BULK WASTE
An item of solid waste larger than two feet by two feet by four feet or heavier than 60 pounds, including but not limited to sofas, stoves, refrigerators and other similar objects or materials.
GARBAGE
Normal, usual kitchen and household waste, primarily from perishable or disposable items, such as leftover food matter; food packaging and containers, including cans, bottles and jars, dishes, pots, pans, glass and crockery, and small household appliances.
HAZARDOUS SUBSTANCE
Any material, natural or manufactured, which by itself or in concentration with other like or dissimilar material will contaminate to environmentally unsafe levels the atmosphere, soil or water, whether above or below the ground.[1]
NEWSPAPERS
A product printed on newsprint, including all newspapers, newspaper advertisements and comics. Not included in this definition are magazines, telephone books or other advertising material printed on glossy or slick papers which are not enclosed with or distributed with newspapers.
PERSON
Any individual, partnership, association, firm, corporation or any and all combination of individuals or entities acting in concert.
PREMISES
Land, building or other structures, vehicles or parts thereof upon or in which the refuse or garbage is stored.
QUALIFIED CONTAINER
A container provided by the waste disposal company with which the Village is contracted for waste or recycling pickup, pursuant to the terms of such contract.
[Added 2-12-2013 by L.L. No. 1-2013]
RECYCLABLES
Discarded material which may be reclaimed, comprising solid waste consisting of newspapers, magazines, glass bottles and jars, metal food and beverage cans, plastics, cardboard and such other materials as designated by resolution of the Village Board of Trustees.
RESIDENCE
Any building, parcel of land, or dwelling unit.
[Amended 6-12-2007 by L.L. No. 3-2007; 2-12-2013 by L.L. No. 1-2013]
SOLID WASTE
Materials or substances discharged, discarded or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances and those in gaseous form. Such waste shall include garbage, sludge, trash, ashes, incinerator residue, street cleanings, offal, dead animals, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris.
TRASH
Any item of nontoxic solid waste not encompassed within the definitions of "garbage," "recyclables" or "yard waste." Trash shall not include ashes and other refuse from the burning of wood and/or coal for heating purposes; materials left over from home improvements and remodeling projects of existing residences, such as lumber, paneling, insulation, wire, pipes, plaster, concrete and bricks and motor vehicle parts.
YARD WASTE
The miscellaneous waste materials resulting from landscaping and home gardening, including but not limited to grass, weeds, leaves, shrubbery clippings, twigs and tree trimmings.
[1]
Editor's Note: The former definition of "multiple residence," which immediately followed this definition, was repealed 6-12-2007 by L.L. No. 3-2007.

§ 247-9 Containers; placement and removal; noncollectibles.

A. 
No person shall deposit any garbage, trash, yard waste or other solid waste upon his premises or upon the premises of any other person or in any street, road, alley or public place in the Village of Walden unless the same is placed there for the purpose of removal and disposal by the Village or Village-approved garbage collection system.
B. 
All properties are deemed part of the Village's municipal garbage collection system. Notwithstanding any other provision of this section, each property shall place its garbage in a qualified container as defined in § 247-8. Each property will be assessed the cost of the container provided to it. If a property’s qualified container is lost, stolen, or damaged, the owner and occupant of such property shall make reasonable efforts to obtain another. If a nonqualified container is necessary during the pendency of such efforts, all garbage must be placed in durable, rubber, nonabsorbent, watertight and easily washable containers which shall have close-fitting covers and suitable handles and which shall be of a maximum size of 96 gallons. Residences with four or five dwelling units may request the use of a suitable container larger than 96 gallons that will serve the garbage disposal needs of the residents. Such requests must be made, in writing, to the Village Manager, who may grant the use of such an alternate container in his/her sole discretion. The Village Manager shall notify the Village Board, in writing, of any such requests and his/her decision regarding the same.
[Amended 6-12-2007 by L.L. No. 3-2007; 2-12-2013 by L.L. No. 1-2013]
C. 
Containers shall not weigh more than 120 pounds when filled.
[Amended 2-12-2013 by L.L. No. 1-2013]
D. 
Trash shall be placed in suitable containers as described in Subsection B above, and trash which is too large for inclusion in containers shall be piled, packed or bundled together and firmly tied so as to be easily handled by one person.
E. 
All garbage and trash shall be placed at or within three feet of the curb or public street line for collection no earlier than 5:00 p.m. on the day before collection.
[Amended 6-12-2007 by L.L. No. 3-2007; 4-10-2012 by L.L. No. 2-2012]
F. 
All containers shall be removed from the curb or street by 9:00 a.m. on the day following collection. No containers shall be kept or stored in the front yard of any premises unless the particular nature of the property makes such storage a practical necessity as determined by the Village Manager. In such an event, the containers shall be kept in a neat and orderly manner so as not to draw attention to them from the passing public. In addition, when the storage of containers in a location other than the front yard imposes a physical hardship upon the residents of the premises as a result of age or physical infirmity, the Village Manager may, in his/her discretion, allow storage in the front yard, provided that containers are kept in the manner set forth above.
[Amended 4-10-2012 by L.L. No. 2-2012]
G. 
All containers shall be kept in a proper state of repair and, when dangerous to handle, shall be replaced upon notification. The containers shall be kept in sanitary condition and the contents kept in such condition that they may be readily removed.
H. 
The following items will not be collected:
(1) 
Hazardous or dangerous materials or substances, such as poisons, acids, caustics, infected materials or explosives.
(2) 
Construction and demolition debris, such as plaster, mortar and rusting materials.
(3) 
Motor oil, car batteries and tires.
(4) 
Solid waste from industrial processes.

§ 247-10 Collection days.

Garbage, trash, bulk waste, recyclables and yard waste will be collected on the days and at the times established by resolution of the Village Board of Trustees.

§ 247-11 Recycling regulations.

[Amended 2-12-2013 by L.L. No. 1-2013]
A. 
The recycling of certain materials as mandated by state, county or local law is hereby required.
B. 
Notwithstanding any other provision of this section, all recyclables shall be placed in a qualified container, as defined in § 247-8. If a property’s qualified container is lost, stolen, or damaged, the owner and occupant of such property shall make reasonable efforts to obtain another. If a nonqualified container is necessary during the pendency of such efforts, all garbage must be placed in durable, rubber, nonabsorbent, watertight and easily washable containers which shall have close-fitting covers and suitable handles and which shall be of a maximum size of 96 gallons. Residences with four or five dwelling units may request the use of a suitable container larger than 96 gallons that will serve the garbage disposal needs of the residents. Such requests must be made, in writing, to the Village Manager, who may grant the use of such an alternate container in his/her sole discretion. The Village Manager shall notify the Village Board, in writing, of any such requests and his/her decision regarding the same. The use of plastic bags for recyclables is not permitted.
C. 
All glass, metal and plastic recyclables shall be cleaned and all contents shall be removed therefrom prior to the collection, removal or disposal of same. All caps and rings shall be removed from glass and plastic recyclables. All labels shall be removed from metal can recyclables. No broken glass shall be collected.
D. 
The Village Board of Trustees is empowered to fix, by resolution, the day(s) and times for the collection, removal and disposal of recyclables.
E. 
The placement and removal of recyclables and recycling containers shall be governed by the same rules as those for garbage and garbage containers in § 247-9E and F above.

§ 247-12 Yard waste.

A. 
No grass clippings, brush, tree stumps or other yard waste shall be bagged, containerized, boxed, collected, raked, piled or otherwise co-mingled with any garbage, trash or recyclables placed curbside for collection, removal and disposal by the Village collection system.
B. 
Subject to Orange County recycling regulations, the materials specified hereinafter may be placed at curbside for collection beginning April 1 and ending on November 30 of each year. Only the following materials will be accepted: bushes, small limbs of trees and all bush and tree trimmings. These items must be securely bundled and tied in bulk no greater than four feet long by two feet wide by two feet high and shall not weigh more than 50 pounds per bundle. Further, during the said period of April 1 through November 30 of each year, leaves may be placed curbside for collection in paper bags or open garage containers only.
[Amended 1-7-2014 by L.L. No. 2-2014]
C. 
Failure to abide by the provisions of this article shall result in the imposition of penalties as provided in § 247-14.
[Amended 1-7-2014 by L.L. No. 2-2014]

§ 247-13 Garbage collection fees.

[Amended 6-12-2007 by L.L. No. 3-2007; 2-12-2013 by L.L. No. 1-2013]
The Village Board of Trustees shall set the fees for all properties included in the Village collection system. Such fees shall be billed and collected in a manner and at a time designated by resolution of the Board of Trustees. If a bill is not paid within 31 days from the date said bill is due, a penalty of 10% shall be added to the bill. In the event that a bill remains unpaid as of March 31 of each year, the delinquent amount shall be assessed against the property receiving garbage collection service and shall be levied and collected in the same manner as provided in Article 5 of the Village Law for the levy and collection of real property taxes.

§ 247-14 Penalties for offenses.

A person convicted of violating any provision of this article shall be guilty of a violation which is punishable as follows:
A. 
For a first conviction, by a fine of not less than $10 nor more than $25.
B. 
For a second conviction within one year, by a fine of not less than $25 nor more than $50.
C. 
For a third conviction within one year, by a fine of not less than $50 nor more than $100.
D. 
For more than three convictions within one year, by a fine of not less than $100 nor more than $250.

§ 247-15 Enforcement.

The provisions of this article shall be administered and enforced by the Village Manager or the individual(s) employed by the Village of Walden designated by the Village Manager.