[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)]
No garbage shall be collected without a permit issued upon written
application to the Board of Trustees.
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.
[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.
Such permits are renewable annually on April 1 upon the inspection
and payment described above.
Such collection vehicles are banned from any residential and
business zone within the Village when such equipment is not in operation.
[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)]
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.
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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]
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.
Any individual, partnership, association, firm, corporation
or any and all combination of individuals or entities acting in concert.
Land, building or other structures, vehicles or parts thereof
upon or in which the refuse or garbage is stored.
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]
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.
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]
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.
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.
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.
A.Â
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.Â
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.Â
Containers shall not weigh more than 120 pounds when filled.
[Amended 2-12-2013 by L.L. No. 1-2013]
D.Â
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.Â
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.Â
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.Â
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.Â
The following items will not be collected:
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.
[Amended 2-12-2013 by L.L. No. 1-2013]
A.Â
The recycling
of certain materials as mandated by state, county or local law is
hereby required.
B.Â
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.Â
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.Â
The Village
Board of Trustees is empowered to fix, by resolution, the day(s) and
times for the collection, removal and disposal of recyclables.
A.Â
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.Â
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]
[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.
A person convicted of violating any provision of this article
shall be guilty of a violation which is punishable as follows:
A.Â
For a first conviction, by a fine of not less than $10 nor more than
$25.
B.Â
For a second conviction within one year, by a fine of not less than
$25 nor more than $50.
C.Â
For a third conviction within one year, by a fine of not less than
$50 nor more than $100.
D.Â
For more than three convictions within one year, by a fine of not
less than $100 nor more than $250.
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.
