[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 10-21-1992 by L.L. No. 9-1992.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 106.
Property maintenance — See Ch. 161.
[1]
Editor's Note: This local law also superseded
former Ch. 183, Solid Waste, adopted as follows: Art. I, 3-14-1990
by L.L. No. 1-1990.
It is the purpose of this chapter to promote
the orderly collection of solid waste and the recycling of certain
materials and to comply with § 120-aa of the General Municipal
Law of the State of New York as enacted in § 23 of the Solid
Waste Management Act of 1988, Chapter 70 of the 1988 Laws of New York
State.
[Amended 10-22-1997 by L.L. No. 13-1997]
As used in this chapter, the following terms
shall have the meanings indicated:
Any enclosed structure having a roof and intended to be used
for residential, commercial, industrial, social and/or institutional
purposes.
Stoves, refrigerators, dishwashers, dryers, washing machines,
air-conditioning units, boilers, freezers, water tanks, lawn mowers,
metal window and door frames, other large metal appliances and any
other items as may be determined from time to time by the Commission.
Furniture, including but not limited to beds, mattresses,
chairs, tables, rugs and carpets, wood, windows, linoleum, books and
any other items as may be determined from time to time by the Commission.
The Larchmont-Mamaroneck Joint Garbage Disposal Commission.
Concrete, masonry, wood, plaster, aluminum or other siding
material, wire, asphalt, ceramic tiles, sheetrock, stones, bricks,
clay pipes, concrete pipe, window panes, dirt, tree stumps and other
by-products of new construction activity, renovation or rebuilding
or other modification to a structure, appurtenances and grounds (other
than yard waste) and any other items as may be determined from time
to time by the Commission.
A building containing three or more dwelling units.
A building used for more than one use (e.g., residential,
commercial, industrial and/or institutional).
Residential, commercial and industrial waste that decomposes
readily and other waste material routinely produced, such as food
waste (food remains and containers), and refuse and residue which
are collected by the Commission or Commission contractors. The term
does not include bulky metals, bulky waste, demolition debris, newspaper,
recyclables or yard waste.
Clean, post-consumer newspapers, including inserts. The term
does not include newspaper which has been used for purposes inconsistent
with recycling, including but not limited to the wrapping of putrescible
materials, packaging or painting. The Commission may in its discretion
further restrict the character of newspaper included in the term "newspaper."
A building used for commercial, industrial, social or institutional
purposes.
Any individual, firm, company, association, society, corporation,
partnership or any other legal entity.
The owner, lessee or occupant of a building and, in the case
of a multiple-occupant building, the term shall mean, at the option
of the Town of Mamaroneck, the owner or the party so designated by
the owner.
A building containing only one or two dwelling units.
[Amended 1-20-2021 by L.L. No. 1-2021]
Such items as may be determined to be such from time to time
by the Commission and may include such items as cardboard, paper,
newspaper, glass, metals and plastics.
[Amended 1-20-2021 by L.L. No. 1-2021]
Each separate dwelling within multifamily dwelling, private
dwelling or multiple purpose building and each separate premises within
a nonresidential building or multiple purpose building. For example,
in a building containing several stores and several apartments, each
store is a service unit, and each apartment is a service unit; in
a two-family house, each of the two dwellings is a separate service
unit. A premises containing more than one nonresidential building
but operated as one entity shall be a single service unit.
All waste, refuse and residue collected and disposed of by
municipal or private collection.
Such materials as shall be determined from time to time by
the Commission and may include such items as brush, tree branches,
twigs, grass and shrub clippings, weeds and leaves.
A.Â
Every person in charge within the Town of Mamaroneck
is required to store the solid waste that may accumulate on the premises
over which he/she has charge in the type of solid waste container
required by this chapter. All containers shall be stored in the manner
required by the Town of Mamaroneck or the Commission.
[Amended 10-22-1997 by L.L. No. 13-1997; 1-20-2021 by L.L. No. 1-2021]
B.Â
Unless otherwise determined by the Town of Mamaroneck
or the Commission, solid waste to be collected from private dwellings
shall be placed in watertight, sturdy plastic containers having tight-fitting
plastic covers and a capacity not greater than 64 gallons. The weight
of any such container plus its contents cannot exceed 100 pounds.
No portion of any such container shall be located below the surrounding
grade level. Solid waste shall not be placed out in plastic bags.
Material which is too large to be placed in containers shall be bundled
and securely tied. Such bundles shall not exceed four feet in length.
Any tree branches included in such bundles shall not exceed six inches
in diameter. No container or bundle shall exceed 75 pounds in weight.
[Amended 10-22-1997 by L.L. No. 13-1997; 1-20-2021 by L.L. No. 1-2021]
C.Â
The Commission or the Town of Mamaroneck may require
multifamily dwellings, multiple-purpose buildings or nonresidential
buildings to use watertight, sturdy plastic containers having tight-fitting
plastic covers and a capacity not greater than 96 gallons or specific
metal containers, such as dumpsters. Such containers shall be located
in enclosures which shall screen them from view. Such enclosures:
[Amended 10-22-1997 by L.L. No. 13-1997; 1-20-2021 by L.L. No. 1-2021]
(1)Â
Shall be constructed of stockade fence material with
hinged gates and with latches to hold the gates closed;
(2)Â
May be constructed of other material with the approval
of the Town of Mamaroneck Board of Architectural Review; and
(3)Â
Shall have a height of the greater of five feet or
12 inches higher than the containers which they enclose.
D.Â
Prior to construction of any enclosure, a fence permit
must be obtained from the Building Department of the Town of Mamaroneck.
If the Commission provides collection services for the building, the
Building Department shall not issue a permit without obtaining the
approval of the Commission.
E.Â
The owner of any building which, prior to the effective
date of this chapter, has an enclosure to house all the containers
which are required to be enclosed hereunder shall not be required
to erect a new enclosure even if the existing enclosure does not meet
all of the specific requirements of this chapter, provided that the
existing enclosure does screen the containers from view.[1]
[1]
Editor's Note: Former Subsection F, regarding the required
completion date for construction of enclosures, which immediately
followed this subsection, was repealed 1-20-2021 by L.L. No. 1-2021.
[Amended 10-22-1997 by L.L. No. 13-1997]
A.Â
The person in charge shall cause recyclables to be
separated from solid waste.
B.Â
The person in charge shall place all material intended
for collection by the Commission or the Town of Mamaroneck where it
will be readily accessible for collection as follows:
(1)Â
Solid waste to be collected from private dwellings
shall be placed immediately adjacent to the curb in front of the dwelling.
It shall be placed to the house side of the curb, not in the street.
If there is no curb, it shall be placed on the edge of the property
adjacent to the paved area of the street, but not in the street. Solid
waste shall be set out for collection no earlier than dusk of the
day before a scheduled collection day and no later than 6:30 a.m.
(prevailing time) on a scheduled collection day.
[Amended 1-20-2021 by L.L. No. 1-2021]
(2)Â
Municipally collected solid waste of multifamily dwellings,
multiple-purpose buildings and nonresidential buildings shall be left
for collection in accordance with the regulations of the Commission.
(3)Â
Other material collected by the Commission or the
Town of Mamaroneck shall be placed on the curb (or if no curb, on
the edge of the property adjacent to the paved area of the street
or roadway, but not in the street or roadway), readily accessible
to the collection vehicle. Such material shall be set out for collection
no earlier than dusk of the day before a scheduled collection day
and no later than 6:30 a.m. (prevailing time) on a scheduled collection
day. If collection vehicles are required to enter private property
for collection of material, such entry will be at the sole risk of
the property owner.
[Amended 1-20-2021 by L.L. No. 1-2021]
(4)Â
Recyclables shall be placed in containers purchased
from the Commission or in other containers approved by the Commission.
The containers shall be placed to the building side of the curb, not
in the street. If there is no curb, they shall be placed on the edge
of the property adjacent to the paved area of the street, but not
in the street. Recyclables shall be set out for collection no earlier
than dusk of the day before a scheduled collection day and no later
than 6:30 a.m. (prevailing time) on a scheduled collection day.
[Amended 1-20-2021 by L.L. No. 1-2021]
(5)Â
There shall be no collection from any building where
snow and ice has not been cleared from access pathways or driveways.[1]
[1]
Editor's Note: Former Subsection B(6), regarding the placement
of material for collection prior to sundown, which immediately followed
this subsection, was repealed 1-20-2021 by L.L. No. 1-2021.
A.Â
The person in charge of a multifamily dwelling, multiple-purpose
building or nonresidential building shall designate a common area
on the building premises in which solid waste is to be accumulated.
B.Â
The person in charge of a multifamily dwelling, multiple-purpose
building or nonresidential building shall be responsible for the placement
of solid waste for collection in accordance with regulations promulgated
from time to time by the Commission and the Town of Mamaroneck.
C.Â
The placement of solid waste by a lessee of a multifamily
dwelling, multiple-purpose building or nonresidential building in
an area other than the common area designated by the person in charge
shall be deemed a violation of this chapter by such lessee and not
by the person in charge, provided that the person in charge shall
have properly designated a common area and shall have given the lessee
adequate notice thereof.
[1]
Editor's Note: Former § 183-6, Multiple-occupant
commercial and industrial buildings, was deleted 10-22-1997 by L.L.
No. 13-1997.
[Amended 10-22-1997 by L.L. No. 13-1997]
Owners and occupants of multifamily dwellings,
multiple-purpose buildings and nonresidential buildings whose solid
waste is not collected and disposed of by the Commission shall provide
for the collection of solid waste and shall also separate recyclables
from other solid waste. The recyclables shall be collected by the
Commission in accordance with the rules and regulations of the Commission.
Yard waste shall be collected and disposed of
in accordance with the rules and regulations of the Commission.
Bulky metals shall be collected and disposed
of in accordance with the rules and regulations of the Town of Mamaroneck.
[Amended 10-22-1997 by L.L. No. 13-1997]
Bulky waste shall be collected and disposed
of in accordance with the rules and regulations of the Commission.
[Amended 10-22-1997 by L.L. No. 13-1997]
A.Â
Quantities of solid waste to be collected are limited
as follows:
(1)Â
The equivalent of no more than three sixty-four-gallon
containers of solid waste shall be collected from each private dwelling
each collection day.
[Amended 1-20-2021 by L.L. No. 1-2021]
(2)Â
Yard waste. Bundled, tied or containered yard waste
not exceeding the equivalent of three thirty-five-gallon containers
shall be collected from each service unit once each week. Trimmings,
tree branches and logs may not exceed four feet in length and six
inches in diameter.
(3)Â
Bulky waste. The equivalent of no more than one yard
of bulky waste shall be collected from each service unit once each
week. The Commission shall have the authority to decline to collect
certain bulky waste according to the Commission's ability to collect
and/or dispose of such bulky waste. Wood pieces may not exceed four
feet in length and six inches in diameter. In the event that bulky
waste is declined for collection, the waste must be removed from the
curb within 24 hours of receipt of a notice of refusal.
(4)Â
Leaf removal. During the fall season, leaves must
be placed on the curb (or if no curb, on the edge of the property
adjacent to the street or roadway, but not in the street or roadway)
and will be collected in bulk in accordance with a schedule determined
by the Town of Mamaroneck. At all other times, leaves must be bagged
for curbside collection.
(5)Â
Christmas trees. Trees shall be placed on the curb
(or if no curb, on the edge of the property adjacent to the street
or roadway, but not in the street or roadway) and will be collected
in January of each year. Christmas trees are exempted from the dimension
requirements for yard waste.
B.Â
The Superintendent of the Commission shall have the
authority to decline to collect certain solid waste according to the
Commission's ability to collect and/or dispose of such solid waste.
C.Â
The following materials will not be collected:
(1)Â
"Regulated medical waste," as defined in § 1389-aa
of the Public Health Law of the State of New York as enacted in Chapter
438 of the 1993 Laws of New York State.
(2)Â
Material classified as toxic waste by 6 NYCRR Part
366, The Identification and Listing of Hazardous Wastes Pursuant to
Article 27, Title 9 of the Environmental Conservation Law, or any
ensuing legislation more restrictive than currently in force.
(3)Â
Demolition debris.
(4)Â
Waste products not accepted by the County of Westchester
according to its regulations.
D.Â
The Commission will collect on scheduled days in accordance
with its rules, amounts of solid waste according to the limitations
set forth in this law. Waste in excess of the amounts set forth in
this law must be removed or caused to be removed by the person in
charge at his expense.
[Added 10-22-1997 by L.L. No. 13-1997]
A.Â
Any resident of the Town of Mamaroneck may deliver
or dispose of solid waste, bulky waste, yard waste or recyclables
at the Commission transfer station in accordance with Commission limitations,
rules and regulations. Only waste generated from within the Town of
Mamaroneck will be accepted at the transfer station.
B.Â
Subject to the approval of the Town of Mamaroneck,
the Commission may establish fees for the delivery and/or disposal
of such items at the transfer station.
C.Â
The delivery of disposal of waste at the transfer
station is subject to the rules and regulations of the Commission.
A.Â
Recyclables shall not be placed in containers holding
other solid waste.
B.Â
Materials and objects other than recyclables shall
not be mixed with recyclables which have been left for collection.
C.Â
Upon placement of solid waste for collection pursuant
to the requirements of this chapter, no person other than the person
in charge or the Commission or its designee (or a private carter with
respect to buildings whose solid waste or any portion thereof is not
collected and disposed of by the Commission) shall remove or disturb
such solid waste. Nothing in the preceding sentence shall limit any
prohibitions or responsibilities set forth elsewhere hereunder.
[Amended 1-20-2021 by L.L. No. 1-2021]
If a person in charge of a private dwelling satisfies the criteria for exemptions from the requirements of § 183-4B(1), (3) or (4) of this chapter, as set forth from time to time by the Commissioners of the Larchmont-Mamaroneck Joint Garbage Disposal Commission, the Superintendent shall grant such exemption upon such terms and conditions as may be considered just. Any such exemption must be renewed every two years.
[Amended 6-1-1994 by L.L. No. 5-1994; 10-16-2002 by L.L. No.
10-2002; 1-20-2016 by L.L. No. 1-2016]
The Commission may promulgate such regulations as it deems necessary to effect the provisions of this chapter. Any regulations promulgated by the Commission which will directly impact the residents of the Town of Mamaroneck shall be subject to the approval of the Mamaroneck Town Board. All provisions of this chapter shall be enforced by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, or the persons appointed by the Town Board pursuant to § 106-37B.
No person shall, within the Town of Mamaroneck,
drop, deposit or otherwise dispose of any refuse in any public places
except within containers provided by the Town of Mamaroneck.
Persons owning or occupying commercial or private
property fronted by or adjacent to sidewalks shall keep said sidewalks
and the space from said sidewalks to the curbline free from litter.
Each day, except Sundays and legal holidays,
the sidewalk of each business establishment shall be swept clean prior
to 10:00 a.m., and such material shall not be swept into the roadway
but shall be placed in containers as required by this chapter. Each
store occupant (i.e. the person in charge of the business being conducted
at the store) is responsible for keeping the sidewalk in front of
the store clean during business hours.
No person shall, within the Town of Mamaroneck,
allow, permit or cause to exist any unsanitary or filthy condition
in or about any premises owned and/or used or occupied by such person.
A.Â
No person shall place or cause to be placed in any
public garbage receptacle in the Town of Mamaroneck any bag, the largest
side dimension of which exceeds 10 inches by 15 inches, which contains
any objects within it.
B.Â
No person shall place or cause to be placed in any
public garbage receptacle any box with a capacity in excess of 350
cubic inches. Discarding of such boxes in public receptacles is prohibited
even if they are crushed, compacted, cut up or torn up.
D.Â
No person shall deposit in any public garbage receptacle
any household garbage such as containers which are emptied prior to
being removed from the household; wrapping or packaging which was
removed within the household from the object(s) wrapped or packaged.
E.Â
No person operating or employed by a commercial or
industrial establishment shall place any garbage emanating from the
commercial or industrial establishment in any public garbage receptacle.
A.Â
Where recyclables are mixed with other municipally
collected solid waste in a container intended for collection and disposal,
the Commission or its designee may, in its discretion, decline to
collect any and all of the contents of such container and may leave
a notice with the container noting the Commission's or its designee's
action. In the event that the Commission or its designee declines
to collect under this provision, it shall be the responsibility of
the person in charge at the collection point to remove said recyclables
from such container prior to subsequent collection.
B.Â
Where materials other than recyclables are left for
pickup as recyclables in accordance with this chapter, the Commission
or its designee may, in its discretion, decline to collect any and
all of the contents of the container and may leave a notice with the
container noting the Commission's or its designee's action. In the
event that the Commission declines to collect under this provision,
it shall be the responsibility of the person in charge at the collection
point to remove all materials other than recyclables from the container
prior to subsequent collection.
C.Â
Any violation of this chapter shall be punishable
by a fine of up to $250 for each such violation or by imprisonment,
for the third and each subsequent offense within a one-year period,
for a period not to exceed 15 days, or both. Each day during which
a violation exists shall be considered a separate and distinct violation
punishable as a separate violation.
[Amended 6-1-1994 by L.L. No. 5-1994]
D.Â
Any person violating the provisions of this chapter
may be required by the Commission to use clear plastic bags as prescribed
by the Commission for municipally collected solid waste to be left
for collection and disposal for a period not to exceed one year.
This chapter shall apply only to that part of
the Town of Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" are used, such words shall
mean the Town of Mamaroneck outside of incorporated villages.
In the event that the provisions of this chapter
and the provisions of another ordinance or local law are in conflict,
this chapter shall supersede said conflicting ordinance or local law.
This chapter supersedes Chapter 30 of the General Ordinances of the
Town of Mamaroneck enacted on March 14, 1990, and Local Law No. 1-1990.
A.Â
Nothing in this chapter shall be construed to prohibit
the retention of recyclables by any person.
B.Â
Nothing in this chapter shall be construed to prohibit
any person from dropping off recyclables at a recycling facility designated
by the Commission.
C.Â
Nothing in this chapter shall be construed to prohibit
any person from transferring recyclables privately through sale or
gift, provided that in no event shall such recyclables be left at
the curb for any private pickup.
D.Â
Nothing in this chapter shall be construed to prohibit
the private composting of yard waste by any person on his own property,
provided that all other laws, rules and regulations with respect thereto
are complied with.
