[HISTORY: Adopted by the Board of Trustees of the Village of Ocean Beach 5-17-1980 by L.L. No. 2-1980 as Article XVI of the 1951 Code of Ordinances. Amendments noted where applicable.]
[Amended 10-24-1987 by L.L. No. 1987; 7-30-1988 by L.L. No. 5-1988; 11-22-1999 by L.L. No. 7-1999]
No owner, lessee or occupant of private property shall place garbage, permit garbage to be placed or allow garbage to remain in place for collection except as follows: All garbage shall be placed in proper containers as hereinafter provided in the front part of private property, adjacent to the public walk, each night of collection, between the hours to be determined and set by a resolution of the Board of Trustees. Said containers shall be removed at least 20 feet from public walks the following morning no later than the time determined and set by a resolution of the Board of Trustees. In the Business District, said containers shall be out of public view at all times. No garbage containers or garbage of any kind shall be kept or placed within 20 feet of any public walk in the Village of Ocean Beach at any other time.
[Amended 10-17-1998 by L.L. No. 12-1998]
All garbage shall be placed and tied in heavy plastic bags of at least 1.5 mils' thickness, and said plastic bags shall be placed inside suitable watertight, closed metal or heavy plastic freestanding garbage pails, not to exceed 60 pounds in weight when filled.
Notwithstanding anything contained herein, the Board of Trustees of the Incorporated Village of Ocean Beach may from time to time by the adoption of a resolution modify and/or amend and/or declare and/or prescribe and/or regulate the use, type, placement, markings, removal, construction, weight and/or acquisition and/or requirement for acquisition of the aforestated containers and/or plastic bags and/or adopt such other measures and/or provisions to provide for the enforcement and/or regulation and/or any necessary modifications and/or exceptions to the use, type, placement, markings, removal, construction, weight and/or acquisition and/or requirements for acquisition of the aforestated containers and/or plastic bags as the Board of Trustees shall deem necessary and/or proper, and the Board of Trustees shall be authorized to delegate such authority in whole and/or in part to the Village Administrator and/or Village Manager as the Board of Trustees deems necessary and/or proper.
[Amended 2-5-1983 by L.L. No. 2-1983]
As used in this section, the following terms shall have the meanings indicated:
- Solid waste consisting of newspapers, corrugated boxes, plastic soda and milk containers, glass bottles and jars and metal food and beverage cans.
Recyclables shall be separated from all other waste.
Newspapers and corrugated boxes shall be tied in small bundles no larger than three by two by one feet or placed in brown paper bags for collection.
Plastic, glass and metal recyclables shall be clean, and all contents shall be removed therefrom prior to the collection, removal or disposal of same. Caps shall be removed from plastic and glass recyclables and paper labels shall be removed from metal recyclables prior to the collection, removal or disposal of same.
All recyclables shall be placed in a garbage can or paper bag for collection, removal and disposal. Recyclables shall not be placed in plastic bags for collection, removal or disposal.
Recyclables shall not be placed in the same garbage can as or otherwise mixed with other forms of solid waste for collection, removal or disposal.
It shall be unlawful for a person to collect, remove or dispose of solid waste which consists of recyclables combined with other forms of solid waste.
Ownership of recyclables set out for collection shall thereupon vest in the Village of Ocean Beach.
The Board of Trustees shall, by resolution, designate the day of the week on which recyclables shall be collected, removed and disposed of from a particular area. Recyclables shall not be collected, removed or disposed of from that area on any day of the week other than that designated by the Board of Trustees.
The Board of Trustees shall, by resolution, designate the type, shape and color of containers to be used for the collection of recyclables. No recyclables shall be placed for collection in any container or bag except as provided by resolution of the Board of Trustees.
All brush, branches or other natural vegetation not otherwise placed in accordance with § 96-2 hereof shall be tied in small bundles no larger than three feet by two feet by one feet.
No bulk refuse, including appliances such as stoves, refrigerators, hot-water heaters, washers or dryers, large furniture or other bulk items shall be placed for collection except on dates specifically designated by the Board of Trustees. The removal of construction debris shall be the sole responsibility of the owner of the subject premises. The Village of Ocean Beach shall not be responsible for removal of any construction debris.
[Amended 3-13-1999 by L.L. No. 1-1999]
No person shall dispose of and/or store any garbage and/or refuse and/or other waste materials in the Village of Ocean Beach except as provided herein. No swill, garbage and/or refuse shall be in any manner connected to any sewer outlet or dumped and/or deposited in any body of water, including, but not limited to, the Great South Bay and/or the Atlantic Ocean. The Village Administrator shall have the right to issue and/or revoke and/or amend and/or modify rules and/or regulations regarding the storage and/or disposal of all garbage and/or refuse and/or waste within any zoning district in the village. The Village Administrator shall have the right to impose separate regulations regarding the storage and/or disposal of any garbage and/or refuse and/or waste as to each and every zoning district within the village. Such regulations shall be on file in the office of the Village Clerk and posted thereat and shall be effective 10 days after filing and posting, except if the Village Administrator shall deem it necessary for said rules and/or regulations to be effective immediately to protect the health, safety and welfare of the village and its residents and/or visitors, and then said rules and/or regulations shall contain such a statement and be effective immediately. Said rules and/or regulations may be revoked, amended and/or modified at any public meeting of the Village Board by the Village Board.
[Added 6-10-2000 by L.L. No. 4-2000]
Owners, lessees and occupants of a yard, court or lot shall keep such areas in a clean and sanitary condition, free from litters, debris, rubbish, garbage, junk, vermin, rodent harborage and infestation. Failure to do so may be deemed a health, safety and/or physical hazard.
The village may require, by notice, the owner, lessee and/or occupant of any property within said village in violation of this section to remove and cure any health, safety and/or physical hazards, and such notice shall be personally served upon the owner, lessee and/or occupant or, if such personal service cannot be made, then by mailing such notice to said owner at his last known post office address and by affixing a copy of said notice to a conspicuous part of any building which may be located on said property. Such notice, if so served as herein provided, shall require such owner to cause such removal within seven days from the date of the service of such notice.
In the event such hazard is not cured or caused to be cured by such owner, lessee and/or occupant within said seven days, then the Village Administrator of said village may cause such health, safety and physical hazard to be cured and may assess the cost thereof against the owner of the property, and such assessment shall be made in the manner provided by the Village Law of the State of New York.
The disposal of such litter, debris, rubbish, garbage, junk, vermin, rodent harborage and infestation shall comply with all applicable laws.
[Amended 4-26-1986 by L.L. No. 1-1986; 6-17-1989 by L.L. No. 3-1989; 6-15-1991 by L.L. No. 1-1991; 3-4-1995 by L.L. No. 3-1995; 3-13-1999 by L.L. No. 1-1999; 11-22-1999 by L.L. No. 7-1999; 1-27-2007 by L.L. No. 2-2007]
Number of pails and bundles allowed.
Each residence or apartment in the Residence District and each residence or apartment in the Business District shall be entitled to the collection of a total of three thirty-two-gallon pails and one bundle of cardboard or brush as set forth herein for any one collection day. Each commercial establishment shall be entitled to the collection of a total of three thirty-two-gallon pails and one bundle of cardboard or brush as set forth herein for any one collection day. In the event that more than three such pails and one such bundle are put out for collection by any residence, apartment or commercial establishment on any collection day, there shall be a charge for said additional pails or bundles. In any case where any building or commercial establishment contains more than one apartment or separate business use, pails shall be marked to indicate the appropriate apartment or separate business use. For the purpose of this section, a rooming house, a hotel or a commercial establishment shall constitute a single entity.
A "commercial establishment" is defined as a separate and distinct business entity, according to accepted accounting standards.
The Village of Ocean Beach has determined that the cost of garbage collection shall be financed by the imposition of contractual user fees. The Village shall establish a system of user fees to determine the appropriate rates to be charged for every parcel in the Village. Such system shall be based upon the New York State Office of Real Property Services Property Classification Codes. Such rates and system shall be set as necessary from time to time by resolution of the Village Board of Trustees. Pursuant to New York State Municipal Home Rule Law § 10, Subdivision 1a(9-a), such user fees shall be placed as a direct assessment on the Village real property tax bills.
The Board of Trustees from time to time shall also determine the appropriate charges for all bulk refuse placed for collection and such similar refuse which is not placed in pails. At least monthly, records of said additional charges shall be mailed to the property address and to the address of the record owner as listed on the Village tax assessment roll.
Records; authorized collectors; applicability.
Records of charges shall be kept by the Village Clerk based upon the records of the Sanitation Department, which records shall be presumed correct.
Employees of the Village, or persons designated by the Board of Trustees, are the only persons authorized to collect garbage, rubbish and refuse in the Village.
Charges for collection shall be assessed yearly and shall be placed as a direct assessment on the Village real property tax bills.
Charges for additional pails and bundles shall be assessed against the property, and responsibility for payment of the same shall be the obligation of the property owner.
Charges for additional pails and bundles shall be assessed yearly and shall be placed as a direct assessment on the Village real property tax bills.
Charges for collections shall constitute a lien upon the real property. In the event of the failure or refusal of the owner of such property to pay any such charges when due, the unpaid amount thereof, together with interest thereon from the due date thereof, shall be included in the annual tax levy of the Village upon such property for each fiscal year, and the amount so levied shall be collected in the same manner as other Village taxes. The lien shall be prior and superior to every other lien or claim, except the lien of an existing tax or other lawful charge imposed by or for the state or a political subdivision or district thereof.
Third day pickup. The Board of Trustees finds that certain properties located within the Village have a greater need of garbage collection service based upon their property classification codes, the special licenses they maintain to operate and the types of services they offer and provide. During the summer season (the Friday immediately prior to Memorial Day of each calendar year, then restarting the first Friday immediately prior to the Fourth of July and continuing every Friday thereafter and ending on the Friday immediately prior to Labor Day of each calendar year), these properties, as determined by the Village of Ocean Beach Board of Trustees, generate substantial amounts of garbage, rubbish and refuse which the regular two-times-a-week garbage collection service is not adequate to service. The properties, thus identified, become burdened with accumulations which detract from property values and create a detriment to the health and safety of the general public and to those persons working on, in or about such properties. The Board finds that the providing of refuse collection service during those aforementioned Fridays during the summer season will enhance the value of those properties and that such an additional day of collection is a day of vital service to be provided to such properties. The Board further finds that the cost of providing said additional day of collection service shall be considered a contractual user fee and shall be imposed by the method outlined in § 96-7B of this chapter.
[Amended 9-2-1989 by L.L. No. 6-1989]
Any person, firm or corporation violating the provisions of this chapter shall be deemed a disorderly person in violation of this chapter, which shall constitute disorderly conduct, and such person shall be punishable, upon conviction thereof, by a fine of at least $50 and not exceeding $250 for each offense.