Village of Buchanan, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Buchanan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 103.
Littering — See Ch. 109.
Peddlers and junk dealers — See Ch. 129.
Property maintenance — See Ch. 137.
[Adopted 11-15-1971 (Ch. 16 of the 1971 Code)]

§ 163-1 Definitions; word usage.

A. 
Wherever used in this article, the following terms shall mean and include:
ASHES
The residue from the burning of wood, coal, coke or other combustible materials.
COMMERCIAL AREA
Any area where a club, business, industry or light manufacturing enterprise is located or operating or any area not classified as residential.
DUMPSTER
A metal container owned or provided by the owner or occupant of property receiving on-site collection service having the capacity of 1 1/2 cubic yards or larger, which is approved by the Building Inspector for the deposit of garbage, trash, refuse and recyclables while awaiting collection.
[Added 12-3-2012 by L.L. No. 7-2012]
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, and readily combustible material such as paper, cardboard, wood, excelsior, cloth, food cans, glass food containers and bottles.
LITTER
Garbage, refuse or rubbish, as may be defined herein, and other waste material which is thrown or deposited and which tends to create a danger to the public health, safety and welfare.
MULTIFAMILY DWELLING
A detached building containing three or more dwelling units.
PERSON
Any person, employee, servant, agent, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE DWELLING
A detached building containing two dwelling units or less.
PRIVATE PROPERTY
Any property other than that used as a public highway.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish and ashes.
RESIDENTIAL AREA
An area primarily zoned and occupied for residential purposes.
RUBBISH
Nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes, such as yard clippings, metals, wood, glass, bedding, crockery and similar materials.
SANITATION FOREMAN
The Sanitation Foreman of the Village of Buchanan or his authorized representative.
SIDEWALK
The area between a building or property line and the street.
STREET
Any public street, roadway, highway, lane, alleyway, park, parking area, grounds or any other public place.
VILLAGE
Incorporated area of the Village of Buchanan, New York.
B. 
The word "shall" is always mandatory and not merely directory.

§ 163-2 Unlawful acts; litter baskets.

A. 
The owner, lessee, contractor, tenant or other person having management or control of or occupying any lot or plot of land in the Village, excluding any location designated by the Village Board and/or the Westchester County Department of Health for such purposes, shall keep such land at all times free and clear of any accumulation of garbage, refuse, rubbish, litter and waste or discarded matter of any type, including automobiles, except such as may be deposited for collection and disposal, as provided for by this article. Upon due notice in writing by the Sanitation Foreman or the Police Department of the Village of Buchanan, New York, given to such owner, lessee, contractor, tenant or other person to remove said accumulation of garbage, refuse, rubbish, litter and waste or discarded matter from said lot or parcel of land, and upon failure to comply within a period of five days after the service of said notice, said owner, lessee, contractor, tenant or other person shall be deemed to have violated the provisions of this article. Notice shall be served by regular mail or in person.
B. 
No person shall deposit, throw, cast or bury ashes, rubbish, refuse, grass cuttings, tree cuttings, leaves, garbage, waste matter, offal or discarded matter of any type, including automobiles, on any lot or plot of land in the Village other than small inoffensive compost heaps such as may be utilized by a home gardener when stored on his own property and appropriately screened from view.
C. 
No person shall throw, cast, lay or direct, suffer or permit any person to throw, cast or lay any litter and waste or discarded matter of any type, including automobiles, on any street, sidewalk or right-of-way within the Village.
D. 
Litter baskets. The Sanitation Foreman shall place on sidewalks, parking areas or any other public place litter baskets as may, in his discretion, be required. No person shall deposit in such litter baskets accumulations of litter, refuse and waste or discarded matter of any type from private or commercial property which must be deposited for collection or disposal, as provided for by this article.
E. 
No person, being the owner, driver or manager of any car or other vehicle, and no owner of any receptacle shall scatter, drop or spill, or permit to be scattered, dropped or spilled, any dirt, gravel, sand, clay, loam, stone or building rubbish; or hay, straw, oats, sawdust, shavings or other light materials of any sort; or manufacturing, trade or household waste, refuse or rubbish of any sort; or ashes, manure, garbage or other organic refuse or other offensive matter therefrom; or permit the same to be blown off therefrom by the wind, upon any street or sidewalk or right-of-way in the Village.
F. 
No person shall allow any swill, brine or any offensive animal matter or any bad smelling or noxious liquid or other filthy matter of any kind to run or fall into or upon any street, sidewalk or right-of-way in the Village or be taken from or put thereon.
G. 
No person having the care, custody or control of any domestic animal, including cats, whether leashed or unleashed, licensed or unlicensed, shall permit such animal to excrete its body waste upon any sidewalk area, parking areas, parks or other public grounds in the Village.

§ 163-3 Collection and disposal; appeals.

A. 
All garbage, refuse, rubbish, litter and waste material of any type accumulated in the Village shall be collected, conveyed and disposed of under the supervision of the Sanitation Foreman. The Village Board shall have the authority to make regulations concerning the days of collection, type, size and location of disposal containers and such other matters pertaining to collection, conveyance and disposal as it shall find necessary. The Sanitation Foreman shall have the authority to change and modify any regulations after due notice to all concerned. During the autumn leaf removal, leaves are picked up in bulk at the curbline. All other leaves must be in containers or plastic bags which are supplied by the Village.
B. 
Appeals. Any person aggrieved by a regulation or fee charged by the Sanitation Foreman shall have the right to appeal to the Village Board, which shall have the authority to confirm, modify or revoke any regulation or fee.

§ 163-4 Placement for collection; storage; refuse containers.

A. 
Garbage, ashes and rubbish shall be placed and maintained in containers or receptacles.
B. 
It shall be the duty of every person having the management or control of or occupying any land or building to provide, for the exclusive use of such land or building or part thereof, sufficient receptacles to hold garbage, ashes and rubbish ordinarily accumulated by the occupants of such land or building, each in separate receptacles, and allocate an area for storage of such receptacles in the interval between regular collections. Any waste material other than garbage, ashes and rubbish which cannot be readily deposited in any receptacles, such as cardboard boxes and containers, may be compacted and securely bundled, tied or packed so as to be easily handled, but not weighing more than 60 pounds and not likely to be scattered, and, when packed and secured, may be placed at the curb on curb pickup days. Such packages or bundles should not exceed three feet in length.
C. 
Each of such receptacles provided for in this section shall be watertight, kept covered with a suitable cover and maintained in a sanitary condition by periodic cleaning, except that, in instances where approved one-cubic-yard or one-and-one-half-cubic-yard containers are used, such receptacles shall not exceed a thirty-two-gallon capacity and, when filled, shall not exceed 60 pounds in total weight.
D. 
Each such receptacle containing garbage or rubbish shall be free of water or wetted materials.
(1) 
Refuse containers.
(a) 
Duty to provide and maintain in sanitary condition. Refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this article or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents shall be promptly replaced upon notice. The Village Board shall have the authority to refuse collection for failure to comply herewith.
(b) 
Garbage and rubbish. Receptacles shall be containers commercially manufactured for the purpose, equipped with suitable handles and tight-fitting covers, and shall be watertight; or suitable plastic garbage bags.
(c) 
Ashes. Ash containers shall be made of metal.
(2) 
Points of collection.
(a) 
Refuse containers shall be placed for collection in a visible and accessible area behind the curbline immediately adjacent to the premises. Such containers shall not be placed for collection before 5:00 p.m. on the evening before collection.
[Amended 6-18-1990 by L.L. No. 4-1990]
(b) 
The Village Board may authorize the removal of garbage and ashes from the receptacle storage areas, provided that such storage areas are readily accessible to the collection vehicle, and collection in this manner will, in its opinion, result in a more expeditious removal of the garbage and ash accumulation from such receptacles.

§ 163-5 Collection scheduling; regulations.

A. 
Generally, the Village shall make regular collections of all refuse as often and during such specified hours as shall be prescribed by the Village Board. Collection shall be made from receptacles when placed on or in front of any premises at such accessible locations as shall be designed by the Village Board. The Sanitation Foreman shall have the right to omit collections from any premises where a vicious dog is permitted to run at large or where employees of the Village are subject to any unnecessary danger or hazard.
B. 
Residential.
(1) 
Regular collections from residential areas shall be made on Monday, Tuesday, Thursday and Friday on days and hours scheduled by the Village Board.
(2) 
The first Wednesday of each month will be cleanup day.
(3) 
All refuse shall be in a container commercially manufactured for this purpose and not exceeding 32 gallons in size and shall have a tight-fitting cover with a maximum filled weight of 60 pounds; or suitable plastic garbage bags.
(4) 
Quantities of refuse to be collected are limited as follows:
(a) 
Rubbish. Bundled and tied tree trimmings, not exceeding three feet in length and 24 inches in any other dimension, which will be collected on the first Wednesday of each month.
(b) 
Christmas trees. Trees shall be placed at the curb area and will be collected by regular collection or special collection during the month of January each year. Trees do not have to be cut.
(c) 
Large household items. All large household items, such as furniture, refrigerators, etc., will be collected by appointment with the Sanitation Foreman. The Sanitation Foreman shall have the authority to decline certain materials in accordance with the Village's ability to dispose of such materials.
[Amended 6-18-1990 by L.L. No. 4-1990]
(d) 
Ashes. Ashes must be thoroughly water-quenched and placed in one fireproof metal receptacle weighing not more than 60 pounds filled and placed with rubbish for collection.
C. 
Prohibitions.
(1) 
Use of barrels, drums, kegs, cardboard boxes or cloth bags for the containing of garbage shall be prohibited.
(2) 
Empty receptacles shall be removed from the curb area within 24 hours after collection unless otherwise prescribed by the Sanitation Foreman.
(3) 
Refuse receptacles shall be stored on private property on a location adjacent to a principal or accessory use building, but in no case shall such receptacles be stored forward of the front building line of the principal structure unless they are off the sidewalk area and completely obscured from public view.
(4) 
It shall be, hereafter, illegal for any person to construct, place or build facilities for the storage of receptacles below property grade (underground).
(5) 
Receptacles shall not be placed for collection inside or within any building, accessory use building or garage or any place above or below curb level.
(6) 
No person shall prevent or interfere with any employee of the Village in the sweeping or cleaning of any street, sidewalk or right-of-way, or in the removal therefrom of sweepings, litter, snow, ice or other refuse material.
(7) 
No person, other than an authorized employee or agent of the Village or a private collection agency authorized by the owner or occupant of the property, shall disturb or remove any garbage, refuse, rubbish, paper or boxes that have been placed outside of private houses or lots for removal.
(8) 
No employee of the Village in the course of his duties shall be required to enter a building or structure to gather or collect any refuse.

§ 163-6 Materials not collected.

The Village shall not collect or dispose of any debris such as plaster, stone, brick, sawdust, sod or dirt resulting from general contracting, renovating or landscape contracting; nor shall the Village collect or dispose of any cleaning establishment waste, highly combustible materials, junk automobiles or parts or branches and tree stumps unless they are split in sections six inches or less in diameter and three feet or less in length. Removal of such debris shall be arranged privately.

§ 163-7 Excessive accumulations of refuse.

A. 
Any accumulations of refuse resulting from failure of any person to comply with a provision of this article or from the failure of such person to take advantage of the regular collection service maintained by the Village and any waste building materials in excess of ordinary household refuse of such materials shall be removed by such person at his expense.
B. 
The Sanitation Foreman shall collect on scheduled days all classes of refuse from the premises in accordance with the limitations set forth in § 163-5, but where abnormal amounts are placed for collection, the Sanitation Foreman reserves the right to refuse the materials, to defer the collection, to collect the material in part or to make special collection thereof at charges authorized by the Village Board.

§ 163-7.1 Dumpsters.

[Added 12-3-2012 by L.L. No. 7-2012]
A. 
Placement and usage.
(1) 
Dumpsters are prohibited from being placed in streets or in the front yard of a property. Dumpsters must be kept in the driveway of the property at the furthest accessible point from the street. All dumpsters must be placed on paved off-street surfaces. The applicant must obtain preapproval of the location by the Village Building Inspector in the following situations:
(a) 
If the property does not have a driveway;
(b) 
If the location of the unit in the driveway is in the front yard of the property; or
(c) 
The property is a corner lot.
(2) 
No dumpster shall be loaded in such a manner as to cause its contents to spill onto any street, sidewalk or other areas intended for pedestrian traffic.
(3) 
No dumpster shall contain hazardous waste unless pursuant to a permit for such waste issued by the appropriate governmental entity.
(4) 
No materials contained in any dumpster shall emit any noxious or offensive odor or otherwise create any hazard or risk to public health.
(5) 
Dumpsters shall be emptied within five business days after reaching full capacity, as determined by the Building Inspector or his or her designee, in his or her sole discretion.
B. 
Time limitations.
(1) 
If a person, firm, or corporation has a valid building permit, a dumpster may remain on site for the period of time in which the building permit remains valid and open pursuant to the Code of the Village of Buchanan. If a person, firm, or corporation does not have a valid building permit, then in that case a dumpster may remain on site for a period not to exceed 30 days.
(2) 
In an emergency or other unusual circumstance, the time period set forth above may be extended for an additional 30 days by contacting the Village of Buchanan Building Inspector. The Building Inspector may allot a longer time period dependent upon need, in his or her sole discretion.
C. 
Applicability. This section does not apply to persons, firms or corporations who have had dumpster(s) approved via a valid site plan for the property in question.

§ 163-8 Penalties for offenses.

[Amended 6-18-1990 by L.L. No. 4-1990]
A. 
Any person, firm or corporation violating § 163-4, 163-5 or 163-7.1 of this article shall be liable for a fine not to exceed $25 for a first offense. Each subsequent offense shall be punishable by a fine not to exceed $100 per offense. Each (day, week) continued violation is considered a separate violation.
[Amended 12-3-2012 by L.L. No. 7-2012]
B. 
Any dumping of trash, refuse or other debris in violation of this article shall be a misdemeanor and shall be punishable by a fine of not less than $500. Further, upon conviction for such offense, any violator shall be subject to such additional penalties as mandated by law.