[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.
A.
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.
B.
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.
C.
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.
D.
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.
[Amended 7-5-2022 by L.L. No. 9-2022]
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[1] set by the Village Board of Trustees utilizing approved
dumpsters. The Village shall forward a bill for such fees on a monthly
basis to the owner and, if appropriate, occupant of the property.
The bill will set forth the process for the owner and/or occupant
to appeal the charges to the Village Manager. If any such bill is
not paid within 30 days, the costs set forth thereon shall be assessed
against the property and become a lien thereon. Any such bill which
remains outstanding on April 15 of each year shall be added to the
Village tax bill for the property, collectible in the same manner
as delinquent Village taxes and assessments. Any appeal must be filed
with the Village Manager within 10 days of the bill and must set forth
the reason why the owner or occupant believes the cost should not
be payable by the owner or occupant under the provisions of this section.
If requested, the owner or occupant will be given the opportunity
to discuss their position with the Village Manager. The decision of
the Village Manager shall be made within 10 days after receipt of
the appeal or any such discussion and shall be final.
[1]
Editor's Note: Former § 135-8, Outdoor burning,
as amended 9-26-1994 by L.L. No. 10-1994, was repealed 6-26-2023 by L.L. No. 10-2023.
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.
A.
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.
B.
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.
C.
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;[1] 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.
A.
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.
B.
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.
A.
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.
B.
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.
