Village of New Hempstead, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of New Hempstead as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 209.
Streets and sidewalks — See Ch. 250.
[Adopted 9-6-1984 by L.L. No. 25-1984]
It is the purpose and intent of this article to provide for the orderly collection of trash in the Village of New Hempstead and to regulate the manner and times at which trash shall be placed at curbside for collection in order to prevent unsightly accumulation of such trash and other hazards to the residents of the Village of New Hempstead caused by such accumulation.
A. 
When not inconsistent with the context, words used in the present tense shall include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.
B. 
For the purposes of this article, the following terms, phrases and words shall have the meanings given herein:
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 cartons; disposable plastic eating utensils; books and magazines; and dishes, pots, pans, glass, bottles and crockery.
[Amended 5-22-2017 by L.L. No. 2-2017]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
(1) 
Any item of solid waste not encompassed within the definition of "garbage" that is nontoxic and is placed in a clearly fastened container or bag which is filled at a maximum weight of 60 pounds and a maximum volume capacity of 30 gallons. Said items include discardable household items of a durable nature; garden, yard and lawn waste such as grass clippings, leaves and tree branches; ashes and other refuse resulting from the burning of wood and/or coal for heating purposes; materials left over from home improvements and remodeling projects relating to existing residences, such as lumber, paneling, rolled insulation, wiring, pipes, plaster, concrete and bricks; and motor vehicle parts.
(2) 
Discardable household items of a durable nature, such as furniture and household appliances, e.g., refrigerators, washing machines, dryers, dishwashers, hot-water heaters and window air conditioners.
(3) 
Trees and tree branches, provided that the same are cut into sections less than six feet in length with each such section weighing not more than 60 pounds.
(4) 
Large motor vehicle parts and tires, except for junk vehicles, vehicle bodies, engine blocks or transmissions.
For collection pursuant to a schedule determined by the Village of New Hempstead, all trash must be placed on the curbline where accessible. All trash, other than leaves, grass clippings, trees and tree branches, shall be set out not earlier than 3:00 p.m. on the day prior to collection, and all containers shall be removed from said area not later than 8:00 p.m. on the day of collection. When a regular collection day falls on a legal holiday, the Village may schedule another day for such collection.
It shall be unlawful to place any item at the curbline for collection that is not defined as trash in § 235-2 hereinabove.
[Amended 5-22-2017 by L.L. No. 2-2017]
The Mayor, Deputy Mayor and/or Code Inspector of the Village of New Hempstead shall have the right, power and authority to issue appearance tickets for violations of this article.
Any person violating any section or provision of this article shall be subject to a fine not to exceed $5,000 and/or imprisonment for a period not to exceed 15 days. Each day that such violation exists shall constitute a separate and distinct violation.
[Adopted 5-5-1988 by L.L. No. 1-1988]
The Board of Trustees of the Village of New Hempstead hereby determines that the protection of the environment is essential for the health, safety and welfare of the public. To accomplish this goal, it is necessary that the amount of garbage and trash to be disposed of at the landfills be reduced and that recyclable materials be separated from garbage and trash and marketed for reuse where feasible. This article is intended to accomplish this goal.
[Amended 9-22-1988 by L.L. No. 7-1988]
As used in this article, the following terms shall have the meanings indicated:
CARDBOARD
A thick paperboard, brown in color, including but not limited to corrugated boxes, cardboard cartons, pasteboard and similar corrugated materials.
GARBAGE
Normal, usual household waste other than newspapers and cardboard, primarily from perishable or disposable items such as leftover food matter, food packaging and containers, disposable plastic eating utensils, dishes, pots, pans, glass, bottles and crockery.
LEAVES
Has the meaning of common usage as set forth in the latest edition of Webster's New Collegiate Dictionary. Not included in the definition are twigs, stems, branches or grass clippings.
NEWSPAPERS
Printed material on a paper product known as "newsprint," including newspapers, newspaper advertisements, supplements, comics and newspaper enclosures. Newspapers shall not include magazines, books of any kind or cardboard.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TRASH
Any item of solid waste not included within the definition of garbage, except newspapers, cardboard and leaves, that is nontoxic, including discardable household items of a durable nature, garden, yard and lawn waste, ashes and other refuse resulting from the burning of wood and/or coal for heating purposes, materials left over from home improvements and remodeling projects and motor vehicle parts.
[Amended 9-22-1988 by L.L. No. 7-1988]
A. 
It shall be unlawful for any person to place, deposit or permit to be placed or deposited any newspapers, cardboard or leaves within the same receptacle, package or place as garbage and/or trash within the Village of New Hempstead.
B. 
Newspapers shall be separately tied, bundled or packaged in accordance with the provisions of a resolution to be adopted by the Board of Trustees of the Village of New Hempstead and placed, deposited or left in the place designated by resolution of such Board.
C. 
Cardboard shall be separately broken down, flattened, tied, bundled or packaged and placed, deposited or left in the place designated by resolution of the Board of Trustees.
D. 
Leaves shall be separately bundled and placed, deposited or left in the place designated by resolution of the Board of Trustees.
E. 
No person shall place, deposit or leave newspapers, cardboard, leaves, garbage or trash in such a manner that it becomes or will become a hazard or potential hazard to public travel, health or safety or that it will clutter or encroach on the public right-of-way or that it will create unsanitary conditions or a public health hazard.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended 9-24-1998 by L.L. No. 2-1998]
A. 
The Board of Trustees of the Village of new Hempstead may, by resolution, determine that other items of garbage and/or trash shall be separated from the waste stream for collection. The Board of Trustees shall, by resolution, promulgate rules and regulations for the collection and disposal of such items, to be designated as "recyclables," and for the implementation of the provisions of this article, as amended.
B. 
All resolutions of the Board of Trustees relating to the designation of items as "recyclables" and all other rules and regulations adopted pursuant to this section shall be enforced in the same manner as other provisions of this article.
The Police Department of the Town of Ramapo and the Mayor, Deputy Mayor or the Code Inspectors of the Village of New Hempstead shall have the power, right and authority to enforce the provisions of this article.
[Amended 9-22-1988 by L.L. No. 7-1988]
Any property owner upon whose real property any newspapers, cardboard, leaves, garbage or trash is left, placed or deposited in such a manner as to be in violation of this article or whose real property abuts or adjoins the public right-of-way on which newspapers, cardboard, leaves, garbage or trash creates a violation of this article shall be presumed to be the person who left, placed or deposited such newspapers, cardboard, leaves, garbage or trash in such place.
The Village of New Hempstead shall not remove, collect or pick up garbage or trash from the real property of any person who violates the provisions of this article.
In addition to the provisions of § 235-13 of this article, any person who is determined to be guilty of a violation of this article in a court of competent jurisdiction shall be subject to a fine of not less than $25 and not more than $50 for each such violation.