Village of Malverne, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Malverne as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Landscaping — See Ch. 382.
Property maintenance — See Ch. 460.
Streets and sidewalks — See Ch. 512.
Trees — See Ch. 540.
[Adopted 2-14-1968 (Ch. 20 of the 1972 Code)]
[Amended 12-5-1984 by L.L. No. 2-1984]
A. 
The Board of Trustees has found and hereby declares that there exist in the Village of Malverne structures used for residential and nonresidential purposes which are or may become in the future a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Village because of the accumulation on the open spaces surrounding such structures of litter, garbage, rubbish, refuse and disabled machinery or vehicles and because of generally unsanitary conditions creating or tending to create insect, rodent, vermin or other pest infestations.
B. 
The improper storage of garbage and refuse and indiscriminate littering are unsanitary and a detriment to the preservation of public health, the protection of property and property values and the safety and welfare of the residents of the Village of Malverne. The control of the types and storage of garbage containers to prevent depredation by animals and the prevention of unsanitary littering and certain restrictions on littering on private property are, therefore, regulated for the preservation of the public health, safety and welfare of the residents of the Village of Malverne.
C. 
The Board of Trustees of the Village of Malverne hereby declares its intention to preserve the Harris Field Park as a park for use by the residents of the Village and to continue the use of the remainder of the facility as the headquarters of the Department of Public Works with as little disturbance to neighboring Village residents as possible; therefore, dumping and storage of garbage as defined in § 500-2 (any animal or vegetable matter capable of fermentation or decay) or for use as a transfer station for any nonmetal, trash, litter or debris is prohibited and to be consistent with federal and state law.
[Added 1-18-1995 by L.L. No. 1-1995]
[Amended 8-1-2001 by L.L. No. 5-2001[1]]
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature which:
A. 
Advertises for sale any merchandise, product, commodity or thing.
B. 
Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales.
C. 
Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit.
D. 
While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
FREON-CONTAINING PRODUCTS
Any and all appliances, containers, and/or products that contain or contained Freon, including, but not limited to, refrigerators, air conditioners, freezers and dehumidifiers.
GARBAGE
Any animal or vegetable matter capable of fermentation or decay.
HAZARDOUS MATERIALS
Any and all appliances, containers, and/or products that contain or contained any toxic, combustible, flammable, poisonous, corrosive, carcinogenic, radioactive and/or disease-contaminated materials, including but not limited to oils, gasoline, paint, acids and medical waste.
LITTER
Garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare.
NEWSPAPER
Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulations, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of "commercial handbill" or "newspaper."
PARK
A park, reservation, playground, ball field, basketball court, or any other public area in the Village, owned or used by the Village and devoted to active or passive recreation.
PERSON
Includes an individual, a partnership, an association or corporation.
PREMISES
Land, buildings or other structures, vehicles or parts thereof, upon or in which the refuse or garbage is stored.
REFUSE
All solid wastes of a community other than garbage and body wastes, such as rags, paper, cardboard, shoes, ashes, small metal, rubber and wooden scrap, leaves and other material of the same general nature.
RUBBISH
Includes waste metal, tin cans, ashes, cinders, glass, pottery and all discarded substances of a solid and incombustible nature.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 9-20-1972; 12-5-1984 by L.L. No. 2-1984; 8-1-2001 by L.L. No. 5-2001]
Refuse and garbage shall be stored for collection as follows:
A. 
Garbage shall be drained and stored in durable, rust-resistant, nonabsorbent, watertight containers, which shall have close-fitting covers and adequate handles to facilitate collection and which shall be of not more than 32 gallons in capacity or 40 pounds in weight.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Ashes shall be kept dry and stored in fire-resistant containers with close-fitting covers. Such containers shall be not greater than 20 gallons in capacity and shall have a combined weight (container and contents) not exceeding 85 pounds.
C. 
Other refuse, except recyclable materials, shall be stored in durable containers with close-fitting, detachable covers, and possessing handles, not exceeding 32 gallons in volume or 40 pounds in weight, except that bulky refuse may be packed and bundled together and firmly tied so as to be easily handled, not exceeding four feet in length, two feet in diameter, or 85 pounds in weight.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
All containers for refuse, garbage and/or recycling shall be kept in a proper state of repair, shall be kept free from nails and sharp edges and in a sanitary condition, and the contents shall be kept in such condition that they may easily be removed.
E. 
No refuse, garbage and/or recycling shall be placed at the curb prior to 7:00 p.m., prevailing time, or 30 minutes past sunset, whichever occurs earlier, prior to the regular collection day, and all containers shall be removed from the curb and stored within 12 hours after collection.[3]
[3]
Editor's Note: Original Subsection F, Newspapers, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
No building materials from either new buildings or remodeled buildings with building permits shall be placed at curbs. The owner or contractor shall be responsible for the disposal of same. (The Building Inspector shall stamp this on all building permits.)
G. 
No containers shall be placed in the paved area of the street or any part thereof awaiting collection.[4]
[4]
Editor's Note: Original Subsection I, Recyclable materials, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Freon-containing products. All Freon-containing products shall be placed at the curb for collection on such day of the week as designated by the Superintendent of the Department of Public Works or the Board of Trustees by resolution.
I. 
Air-tight products. Any and all appliances, products or materials placed out for collection which are by their nature sealed air tight shall be disassembled in such a way as to eliminate them from being air tight, by removing such doors, hinges, hatches, etc. as necessary.
J. 
Special pickup. All bulk items made of glass and/or metal, except Freon-containing products, shall be placed at the curb for pickup on such day designated for collection of recyclable materials. All bulk items made of wood, nonrecyclable plastic, carbon composite or other bulk materials, whether they also contain glass and or metal, shall be placed for pickup on a day designated for "special pickup" by the Superintendent of the Department of Public Works or the Board of Trustees by resolution. Such special pickup shall be arranged in advance by contacting the Village during normal business hours.
[Amended 9-7-1983 by L.L. No. 1-1983]
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village except in public receptacles or in authorized private receptacles.
[Added 9-7-1983 by L.L. No. 1-1983; amended 12-5-1984 by L.L. No. 2-1984; 8-1-2001 by L.L. No. 5-2001]
No person shall throw or deposit litter, refuse, garbage or rubbish on the private premises of another at any time, nor shall the owner, tenant or occupant of private property suffer or permit litter, refuse, garbage, rubbish or disabled machinery or vehicles to accumulate on or to remain on such private premises.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place.
[Amended 8-1-2001 by L.L. No. 5-2001[1]]
No persons shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No persons owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private driveway or sidewalk. Persons owning or occupying places of business within the Village shall keep the sidewalks in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Village.[1]
[1]
Editor's Note: The original section "Litter in parks," which followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Collections shall be made on such days as the Board of Trustees may designate.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 8-1-2001 by L.L. No. 5-2001]
No resident or entity shall place, or cause to be placed, or allow to be placed more than 10 receptacles, as defined in § 500-2, for collection on any single collection day, per individual dwelling structure or commercial unit.
[Amended 8-1-2001 by L.L. No. 5-2001]
A. 
Lawn cuttings, tree cuttings, hedge trimmings, leaves (except as provided for in § 500-14), plants and/or other yard waste shall be placed for collection in cartons, baskets, or other containers not exceeding 32 gallons in capacity or 45 pounds in weight. Bulk tree trimmings or hedge trimmings shall be placed for collection in tied bundles not heavier than 50 pounds and not more than four feet in length.
B. 
Any licensed or unlicensed landscaper, gardener, and/or horticulturist who contracts or agrees to provided landscaping, gardening or horticultural services to any resident or commercial entity in the Village shall be responsible to remove any and all lawn cuttings, tree cuttings, hedge trimmings, leaves, plants and/or other yard waste.
The owner, agent, lessee, tenant or occupant of any premises whereon a business or industry is conducted shall arrange for the removal of refuse from the business or industry each day, unless sufficient and suitable facilities are provided and used for storage of such refuse on such premises until removal of the refuse from the premises.
During the season specified by Village authorities for collection of leaves from the streets, leaves may be placed in the street not less than one foot from the curb or curbline of said street immediately abutting the premises.
No person shall place or deposit or dump, or allow, permit, aid or abet the placing or depositing or dumping of, any ashes, garbage, paper or rubbish of any kind upon vacant property or in any of the highways or public streets of the Incorporated Village of Malverne, except in conformity with the rules and regulations governing same.
[Added 8-1-2001 by L.L. No. 5-2001[2]]
Contractors that provide landscaping, gardening or horticultural services to any resident or commercial entity within the Village of Malverne must have a contractor's permit issued by the Village of Malverne, after payment of the appropriate fee, valid for the date or dates of such service.
[1]
Editor's Note: See Ch. 382, Landscaping.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 8-1-2001 by L.L. No. 5-2001]
A. 
The Superintendent of the Building Department, Building Inspector, Assistant Building Inspector, Superintendent of the Department of Public Works, Code Enforcement Officer, and other duly appointed law enforcement officers of the Village shall be charged with the duty of administering and enforcing this article. Violators are subject to court action.
B. 
The Superintendent of the Building Department, Building Inspector, Assistant Building Inspector, Superintendent of the Department of Public Works, Code Enforcement Officer, and other duly appointed law enforcement officers of the Village shall issue a notice of violation, or order, ordering the correction of any condition found to be opposite to or in violation of this article.
[Amended 12-5-1984 by L.L. No. 2-1984; 8-1-2001 by L.L. No. 5-2001[1]]
Any person who shall violate any provision of this article shall be punishable as provided in Chapter 1, Article II, General Penalty, of the Village Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 8-1-2001 by L.L. No. 5-2001]
Whenever any provision of this article is in conflict with any other provision of this article or any other statute or local law applicable or covering the same subject matter, the most restrictive provision or the one imposing the highest standard shall govern and be supreme.
[Adopted 9-27-1989 by L.L. No. 4-1989 (Ch. 33 of the 1972 Code)]
A. 
The conservation of recyclable materials is now a necessity in order to conserve natural resources, and the cost of solid waste disposal is ever increasing and available residue disposal landfill facilities are rapidly decreasing. It is therefore the intention of the Village of Malverne to establish a program for the mandatory separation of recyclables from garbage and rubbish within the Village. Such a program will reduce both the amount of solid waste to be disposed of and the cost of landfill disposal. In addition, the separation, collection and sale of recyclable materials will reduce the financial burden of solid waste disposal on the taxpayers of the Village of Malverne.
B. 
This article of the Code of the Village of Malverne shall regulate the separation of recyclables by the residents of the Village in accordance with the New York State Solid Waste Management Plan.
As used in this article, the following terms shall have the meanings indicated:
RECYCLABLES
Discarded material which may be reclaimed, comprising solid waste in the form of paper, glass, metals and plastics and which may be further defined as follows:
A. 
Paper, clean and unsoiled, including:
(1) 
Newsprint, all newspapers and newspaper advertisements, supplements, comics and enclosures.
(2) 
Magazines and telephone books.
(3) 
Corrugated boxes, cardboard, cardboard cartons, pasteboard and similar corrugated and kraft paper materials, provided that they are free of foreign matter and refuse.
(4) 
Paper recyclables do not include miscellaneous stationery products such as discarded letters and envelopes or any paper products other than those listed.
B. 
Glass:
(1) 
Clear (flint) and rinsed clean of food or beverage residue.
(2) 
Amber, brown and green glass food containers rinsed clean of food or beverage residue.
(3) 
Glass which is excluded from the recycling program is as follows: mirrors, china and ceramic material.
C. 
Metals:
(1) 
Ferrous and bimetal cans with one end removed.
(2) 
Aluminum cans, including beverage cans and cans used to contain foodstuff and rinsed clean of food residue.
(3) 
Metals which are excluded from recyclables consist of lawn chairs, screen frames, air conditioners, dryers, refrigerators, hot water tanks, stoves and other "white" goods which are collected as bulk on the designated day.
D. 
Plastics:
(1) 
Plastic containers used to hold food, beverage and other household commodities.
(2) 
Plastics which are excluded are plastic utensils, plates, toys and other items not used to contain food or beverages.
A. 
There is hereby established within the Village a program ("curbside program") for the separate collection of paper, cardboard, glass and cans from all non-physically disabled residents of the municipality located within said area and from all other persons, including commercial or institutional establishments, within said area whose solid waste is collected by or on behalf of the Village of Malverne. Said curbside program shall not apply to any apartment complex or condominium complex.
B. 
Collections or recyclable materials pursuant to this article shall be upon the days established by the Recycling Coordinator and pursuant to a schedule established by the Superintendent of Public Works, subject to approval of the Board of Trustees.
C. 
All residents of the Village of Malverne within the area serviced by the curbside program established pursuant to this article shall source separate all designated recyclables and place them at the side of the road fronting their residence in the manner designated by § 500-23 of this article and on the date specified for collection of the schedule published by the Village.
A. 
It shall be the responsibility of each homeowner or occupant of the Village to ensure that all recyclable materials are properly separated from other discarded materials and are cleaned, or otherwise prepared for collection, in accordance with this article. All recyclable materials shall be placed in one or more recycling containers provided for that purpose by the Village. In the event that the amount or size of the recyclable materials exceeds the capacity of the designated containers, then the excess recyclable materials shall be placed in separate containers and placed alongside the designated containers when placed at the curb for collection.
B. 
Paper recyclables may be placed in paper bags or tied in bundles not to exceed 35 pounds in weight nor exceeding one foot in thickness, prior to the collection, removal or disposal of the same. Bundled newspaper is to be placed within or on top of the recycling container or adjacent to the recycling container. Papers are not to be secured with wire or plastic bindings or placed in plastic trash bags.
C. 
Corrugated boxes, cardboard, cardboard cartons, pasteboard and similar paper materials are to be broken down and tied securely in bundles not to exceed 35 pounds.
D. 
Glass shall be placed in the recycling container for collection. The glass bottles and jars must be rinsed clean of food or liquid residue and be placed in the container without any caps.
E. 
Metals.
(1) 
Ferrous and bimetal cans must have one end removed and they must be rinsed clean of food residue and be placed in the recycling container.
(2) 
Aluminum cans, including beverage cans and cans used to contain foodstuff, must be rinsed clean of food residue and be placed in the recycling container.
(3) 
Metal cans must have their labels removed.
F. 
Plastics. Plastic bottles and containers used to hold beverage and other household goods must be rinsed clean to remove residues and be placed in the recycling container.
G. 
It shall be unlawful for any person to collect, remove or dispose of solid waste which consists of recyclables combined with other forms of solid waste after the date set by the Board of Trustees for mandatory recycling.
H. 
From the time recyclables are placed at the curb by any resident, ownership of such materials set out for collection shall thereupon vest in the Village of Malverne. It shall be unlawful for a person to collect, remove or dispose of recyclables which are the property of the Village. Each such collection in violation hereof from one or more residences shall constitute a separate and distinct offense.
I. 
The Recycling Coordinator is empowered to designate the day of the week on which recyclables shall be collected, removed and disposed of from a particular area, subject to approval of the Board of Trustees.
J. 
No person having custody or control of residential premises within the Village of Malverne shall permit or cause any garbage, rubbish or other refuse, including recyclables, within their control, to become a hazard or potential hazard to public travel, health or safety or to become a nuisance of any sort.
K. 
The Village Board of Trustees or its duly authorized representative shall be permitted to promulgate such other rules and regulations as may be deemed necessary to effectuate the intent of this article.
A. 
Containers for the purpose of separating and placing recyclable materials for collection will be provided by the Village to residents. Such containers will remain the property of the Village and must be kept in a good and clean condition by such residents. Recycling containers are not to be used for any purpose other than as described in this article. In the event that such containers are lost, damaged or stolen, additional containers shall be available from the Department of Public Works, upon payment of an appropriate fee to be established by resolution of the Village Board of Trustees.
B. 
Each homeowner or occupant may obtain an additional recycling container at no charge from the Village upon a showing of need. Additional requests may be granted at the discretion of the Superintendent of Public Works. Advance arrangements must be made for all additional recycling containers.
C. 
Homeowners or occupants within the Village shall affix their respective street addresses to any recycling container provided to them by the Village. Such address shall be affixed by means of a white permanent marking.
D. 
In the event that the Village Board of Trustees or the Recycling Coordinator finds that additional measures are necessary in order for such recyclable materials to be marketable, the Board or Recycling Coordinator shall have the power to require that homeowners or occupants within the Village undertake such measures, provided that reasonable advance notice is given to such homeowners or occupants.
The Recycling Coordinator is hereby authorized to establish collection schedules and routes for the collection of recyclable materials and to cause reasonable notice of requirements thereof to be given to the residents of the recycling areas, subject to approval of the Board of Trustees.
Notwithstanding any other provisions of this article, used motor oil shall only be disposed of by delivery to a service station which is required under state law to accept such material, or through other facilities authorized by law to accept such material.
A. 
It shall be unlawful for:
(1) 
Any person, other than those persons lawfully authorized, to collect any designated recyclable or scavenge or remove any articles from any recyclable container which has been placed at the roadside for collection or at a drop-off point.
(2) 
Any person to violate or to cause to assist in the published violation of any provision of this article or any rules and regulations promulgated by the Village of Malverne pursuant to this article of the Village Code concerning recycling.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Any person to place or to cause to be placed any material other than a designated recyclable in or near a recycling drop-off point.
(4) 
Any person to hinder, to obstruct, to prevent or to interfere with the Village of Malverne, or any other authorized persons in the performance of any duty under this article or in the enforcement of this article.
(5) 
Any recyclables to be placed at the roadside more than 10 hours prior to the regular collection day, or to have containers remain at the roadside more than 12 hours after collection.
B. 
All unlawful conduct set forth in Subsection A shall constitute a violation.
It shall be the duty of the Superintendent of Public Works, the Department of Public Works Sanitation Foreman, the Code Enforcement Officers, police officers and other authorized officials to administer the provisions of this article.
A. 
The Board of Trustees, by resolution, may add to or exclude from, from time to time, the separation and recycling program of any materials set forth in this article.
B. 
The Board of Trustees, by resolution, may exclude various types of establishments from participation in and compliance with this article.
C. 
The Board of Trustees, by resolution, may delay the requirement of segregating various materials.
A. 
In the event that an owner or occupant of a dwelling within the Village fails to separate and prepare recyclable materials for collection in accordance with the provisions of this article after being given reasonable notice of these requirements, collection of all solid waste from such dwelling will be suspended until such time as the owner or occupant can demonstrate compliance with the provisions of this article. Such compliance can be demonstrated by placing properly separated and prepared recyclable materials at the curb in one or more designated recycling containers on the next scheduled collection date for such recyclable materials.
B. 
In addition to the provisions of Subsection A above, any person committing an offense against this article or any provision or section thereof shall be guilty of a violation. Each day that such violation exists shall constitute a separate offense. Such an offense shall be punishable by a fine and/or imprisonment in accordance with the following schedule:[1]
(1) 
For a first conviction, by a fine not to exceed $50.
(2) 
For a second conviction within one year, by a fine not to exceed $100.
(3) 
For a third conviction within one year, by a fine not to exceed $200.
(4) 
For a fourth conviction within one year, by a fine of not less than $300 nor more than $500.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).