[Adopted 1-22-1991 by L.L. No. 1-1991[1]]
[1]
Editor's Note: This local law also provided that it would take effect 3-1- 1991.
The Town Board of the Town of Ossining has determined it necessary to establish a local law to require recycling of reusable materials to reduce the amount of materials in the waste stream, contribute positively to the environment and conserve natural resources with minimal inconvenience to the residents of the unincorporated area of the Town of Ossining.
The following terms shall have the following meanings:
BLUE BOX
The plastic recycle container provided by the Town to each household for the purpose of storing the recyclable materials outlined in the definition of "recyclable materials" in this section.
GARBAGE
Kitchen and house refuse and table cleanings, fruit and vegetable parings, decaying animal and fruit matter and fallen fruit.
NONRECYCLABLE MATERIALS
Rags, sweepings, rubber, leather, crockery, shells, clothing, straw, soot, ashes, wastepaper, light bulbs, foam plastic materials, films, vinyl, oil containers, chlorine bleach containers and similar waste material.
RECYCLABLE MATERIALS
Food and beverage glass jars, bottles and containers made of green, brown, or clear glass; all PET and HDPE (Nos. 1 and 2) plastic containers used for beverages and detergents, up to two gallons in size; aluminum and tin food and beverage containers. Labels should not be removed and containers should not be crushed. Containers should be rinsed and caps removed.
A. 
The owners, lessees or occupants of all structures within the Town who receive refuse collection services from the Town of Ossining shall participate in this recycling program and properly place at curbside for collection all recyclable materials as defined in § 112-17.
B. 
Clean recyclable materials shall be placed in the blue box and placed at curbside on the first and third Monday of each month. The owners, lessees or occupants shall place recyclable materials at curbside not before 5:00 p.m. on the preceding Sunday nor later than 7:00 a.m. on the appropriate Monday. Only those items defined as "recyclable materials" will be collected. If the blue box cannot hold all materials to be recycled, a plastic bag shall be used to contain these additional materials. The plastic bag will be returned in the blue box.
C. 
The Town Board reserves the right to adopt additional rules and regulations to further the purposes and implementation of this article.
From the time of placement of recyclable materials at the curb for collection by the Town of Ossining, all material shall become the sole property of the Town of Ossining.
One blue box container shall be provided by the Town of Ossining free of charge to each household at the onset of this program. If a container is lost or stolen, it shall be the responsibility of the owner, lessee or occupant to purchase a replacement from the Town of Ossining Highway Department, at a cost to be established by the Town Board.
The Superintendent of Highways or his designee will investigate all violations of this article. Any bags or containers placed out as garbage may be periodically checked for recyclable materials. Any bag or container that, in the opinion of the Highway Department personnel, may contain recyclable materials will be opened by the Highway Department. If recyclable materials are found in the bag or container it will not be picked up until recyclable materials are removed from the bag and recycled in an appropriate manner. Failure to comply with the provisions of § 112-18 shall be subject to enforcement under provisions set forth in § 112-22.
A. 
The Town shall not be required to collect any refuse or garbage which has not been separated and secured in accordance with this article.
B. 
Any person, firm or corporation violating any provision of this article shall, in addition, be guilty of a violation punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment for not more than 15 days, or both.
[Amended 5-25-2010 by L.L. No. 1-2010]
Should any section or provision of this article be ruled to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of this article as a whole or part thereof other than the part so decided to be unconstitutional or invalid.