[HISTORY: Adopted by the Board of Trustees of the Village of Croton-on-Hudson 2-2-1987 by L.L. No. 1-1987. Section 135-15 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter shall be entitled "Garbage, Rubbish and Littering."
It is the purpose of this chapter to promote the health, comfort and convenience and general welfare of all residents of the community, to safeguard village employees from hazards in the course of their assigned duties and to protect and preserve the rights of the Village of Croton-on-Hudson and its inhabitants by regulating the methods and procedures of collecting and disposing of garbage and rubbish.
As used in this chapter, the following terms shall have the meanings indicated:
- A watertight, nonrusting metal or plastic container of substantial construction with sloping sidewalls, volume or capacity not to exceed 20 gallons nor total full weight over 70 pounds, equipped with a tightfitting cover and with two substantial handles. Securely tied plastic bags at least one and five-tenths mils thick, the weight of which does not exceed the ability of the bag to hold the material without breaking when picked up by the neck, may be substituted as a "container."
- A container of one and one-half cubic yards, fabricated of prime steel, fully welded throughout, mounted on four six-inch swivel casters, capable of being emptied into the hopper of a rear-load packer truck and which meets all village specifications and all United States federal safety standards.
- All putrescible or decaying wastes, except sewage, body wastes and medical and nuclear wastes including vegetables and animal offal, carcasses of dead animals, litter, paper, paper products or materials, cardboard, wood, rubber, cloth, leather or any similar combustible material, and all such substances accumulated on or removed from all public and private establishments and properties, including residences, but excluding recognizable industrial byproducts, discarded wood, lumber or stones.
- Any individual, firm, partnership, company, corporation, society, association or group.
- Inorganic wastes such as glass, porcelain crockery, metals, tin cans or other similar noncombustible matter, and shall also include grass clippings, leaves, tree trimmings, bushes, branches, Christmas trees and similar waste materials and equipment or furniture.
The removal and disposal of garbage and rubbish in the Village of Croton-on-Hudson, New York, shall be under the jurisdiction of the Village Manager. The General Foreman of the Department of Public Works is hereby empowered to make and publish regulations concerning the days and times for collection of garbage and rubbish, location and number of containers and any and all other regulations pertaining to the collection and disposal of these wastes as the General Foreman deems advisable, provided that such regulations are not contrary to this chapter, and further provided that no regulation shall become effective until a copy of thereof is filed in the office of the Village Clerk of the Village of Croton-on-Hudson, New York.
The container shall be maintained in good condition by the owner thereof and shall not be permitted to have any ragged or sharp edges or any other defects liable to hinder or harm the person collecting the contents thereof.
Should the container deteriorate to such an extent that the handles thereof become dangerous and liable to injure or hinder the person collecting the contents of said container or should it leak, it must be replaced by a proper container within one week after receipt of a written notice from the Department of Public Works of said conditions. All such improper receptacles shall be removed by the village collectors.
It shall be the duty of each householder, owner or occupant of a place of business or other similar place to provide the approved container for garbage and rubbish to hold the waste accumulation between periods of collection by the Department of Public Works or provide for collection and disposal by a private collector.
The village shall not be responsible for breakage of plastic containers or for bags ripped apart, torn or broken by animals or other means.
All containers must be removed from the curb or sidewalk area the day that collections are made.
Garbage and rubbish beyond the limits set by the General Foreman in the garbage and rubbish regulations may be collected by the Department of Public Works in accordance with a fee schedule set by the Village Board of Trustees utilizing approved dumpsters.
[Amended 9-26-1994 by L.L. No. 10-1994]
Definitions. Unless otherwise stated, the following terms shall have the following meanings:
- OUTDOOR BURNING
- Any outdoor fire set with the intention to burn, including, without limitation, any brush, leaves, lumber, wood, shavings, hay packing, paper products, plastic, tires, chemicals, trash, garbage, refuse or other related items, including flammable substances.
No person shall set fire to or burn or permit outdoor burning in said village without having first obtained a burning permit from the Village Manager or his designee.
An application for a burning permit shall be filed at least five working days prior to the projected outdoor burning.
The permit application shall contain such information as the Village Manager, after receiving advice from the Village Fire Department, determines to be necessary to assure the safety and security of person and property and the avoidance of air pollution or other harm to the surrounding environment.
A burning permit may be suspended or revoked by the Village Manager, or if he is not available by the Fire Chief, for failure to comply with its conditions, a violation of law in connection with the burning or in the likely occurrence of dangerous conditions.
Outdoor burning, where permitted, shall be attended at all times, with appropriate fire-extinguishing equipment readily available.
Cooking fires may be used in suitable fireplaces, barbecue pits, grills, stoves and burners, while attended, upon private lots and in the areas provided therefor in the parks of the Village of Croton-on-Hudson.
Any place of business or other establishment shall not at any time, including days of collection, store or place garbage and rubbish on any street or sidewalk in such a way as to create a hazard.
Whenever any building is being built, repaired or renovated, the debris from such a job or building material of any kind shall be removed by and at the expense of the property owner or contractor.
The owners and/or occupants of real property shall be responsible for the regular collection and/or disposal of all garbage and rubbish which may accumulate on the property owned and/or occupied by them.
No person shall accumulate or permit the accumulation of garbage and rubbish on any premises owned by or occupied by him or her within the Village of Croton-on-Hudson.
Nothing herein contained shall be construed to prohibit the maintenance of compost or mulch piles, provided that nothing is deposited in such piles that develops obnoxious odors, attracts rodents or otherwise creates a hazard to the health or enjoyment of neighboring property owners.
It shall be unlawful for any person, firm or corporation within the village to maintain any dump or permit the dumping of garbage, boxes, cartons, appliances, automobiles or automobile parts, except as may be provided in the Zoning Law; or permit the accumulation or scattering of any kind of rubbish, debris, garbage or waste material of any sort on or about any lawn, vacant lot, alley or backyard or in any building, structure, culvert or stream in the Village of Croton-on-Hudson; or place, leave, throw or deposit or cause to be placed, left, thrown or deposited any refuse, wrappers, papers, waste, debris, rubbish or garbage at, in or upon any street, sidewalk, park, pond, culvert, stream, public lands, lawn, backyard or vacant property in the village.
Occupants. An occupant of the premises shall be responsible for compliance with this chapter in regard to the following: disposal of garbage and rubbish in a clean and sanitary manner in accordance with the time limitations set forth in garbage and rubbish regulations and for removing containers as herein provided.
Owners. Owners of premises shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor, regardless of the fact that this chapter may also place certain responsibilities on occupants and operators and regardless of any agreements between owners and operators or occupants as to which party shall assume responsibility.
It shall be the responsibility of the Village Manager or his or her authorized representatives to enforce the provisions of this chapter.
Any person, firm or corporation violating the provisions of this chapter or aiding, abetting or assisting in the violation of said provisions shall, upon conviction before the proper officials of the Village of Croton-on-Hudson, be punished as provided in § 1-12 of Chapter 1, General Provisions. Each subsequent day said offense persists shall constitute a separate offense.
In a case where a provision of this chapter is found to be in conflict with any provisions of the Health and Sanitary Code of the County of Westchester and/or the Sanitary Code of the State of New York, the provisions of this chapter shall apply.
The provisions of this chapter shall supersede local laws, codes, ordinances and regulations to the extent that such laws, codes, ordinances and regulations are inconsistent with the provisions of this chapter, provided that nothing herein contained shall be construed to prevent the adoption of a law, code, ordinance or regulation which is more restrictive or establishes a higher standard for the collection and disposal of garbage and rubbish as provided in this chapter, and such restrictions, requirements or higher standards shall govern during the period in which this chapter is in effect.