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Village of Port Jefferson, NY
Suffolk County
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Table of Contents
Table of Contents
[Amended 3-10-1976 by L.L. No. 3-1976; 11-7-1979 by L.L. No. 20-1979; 3-12-1986 by L.L. No. 1-1986; 11-13-1989 by L.L. No. 6-1989]
This article is adopted for the protection and promotion of the public health, safety and general welfare of the community by regulating the storage of garbage and other waste materials as well as the use and maintenance and operation of bulk garbage containers referred to herein and commonly known as "dumpsters" and "compactors."
As used in this article, the following terms shall have the meanings indicated:
ASHES
Residue from fires used for cooking and heating and on-site incineration.
CONTAINER
Either a dumpster or compactor container used for the bulk storage of garbage and other waste materials that can be hauled directly to a point of disposal or emptied into a larger container for transport and disposal.
GARBAGE
Wastes from the preparation, cooking and serving of food; market wastes and wastes from handling, storage and sale of products of any type.
RUBBISH
Includesย โ€”ย 
A.ย 
Combustible: paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding dunnage, petroleum products.
B.ย 
Noncombustible: metals, dirt, glass, crockery and minerals.
WASTE MATERIALS
All trash, refuse, junk and discarded items, including rubbish.
[Amended 9-29-1997 by L.L. No. 8-1997]
It shall be the absolute obligation of those persons referred to in ยงย 151-23.1 hereof to provide dumpsters or compactors for the collection of garbage and waste materials in accordance with the requirements of this article. Such containers shall be emptied on a periodic basis to avoid overflow of garbage and waste materials onto the ground or in such quantity as to prevent the container cover from being closed and to avoid noxious odors to those in the vicinity of the dumpster or compactor.
A.ย 
In all zoning districts, except R-A, R-A1, R-B1, R-B2 and R-B3, dumpster/compactor plans shall be required. Such plans shall include:
(1)ย 
The location of the container site(s).
(2)ย 
Design plans of the container platform and enclosure with access for maintenance of equipment, including loading/unloading access.
B.ย 
In all residential districts, the use of a container described herein shall require a special permit from the Village Clerk.
C.ย 
All existing container sites shall comply with the requirements of this section within one year of the adoption of these regulations. On new construction no certificate of occupancy shall be issued until all requirements of this article have been complied with and approved.
D.ย 
No container shall be installed or put in place in any of the applicable zoning districts without an approved platform and enclosure. For emergency and limited use, application and approval for a limited special permit not to exceed 60 days may be approved by the Building Inspector.
E.ย 
Compactor-type equipment shall be used:
(1)ย 
For the receiving and/or storing for pickup of garbage from the preparation, cooking and/or serving of foods.
(2)ย 
For market waste from the handling, storage and sale of produce (garbage).
(3)ย 
Where volume of waste indicates, in-premises compactors may be used in lieu of on-site exterior compactor.
(4)ย 
When greater than sixteen-yard capacity is necessary to store rubbish and waste materials generated by the property.
F.ย 
Minimum requirements for the platform and enclosure.
(1)ย 
The size of the reinforced concrete slab/platform shall be a minimum of 10 feet wide by 11 feet deep by six inches thick (as per typical container enclosure sketch[1]) and to be capable of housing at least a six-cubic-yard overhead-type compactor. Provisions shall be made to include all additional special containers and access for handling of apartment tenants' grease, fats and recyclable materials.
[1]
Editor's Note: The sketch is included as an attachment to this chapter.
(2)ย 
The slab/platform shall have a drain containment system for sanitary maintenance as required by the Village which shall be easily accessible for cleaning out.
(3)ย 
The container shall be enclosed on all sides by siding affixed to a permanent frame or wire fencing on the fixed sides and gate structure. The minimum height shall be six feet or the height shall exceed by one foot the height of the bulk storage container to be housed in the enclosure.
(4)ย 
Enclosure locations shall provide and/or show the location of utilities required to operate and maintain the sites in a sanitary manner.
(5)ย 
All enclosures shall be maintained and repaired to keep the site neat, safe and sanitary.
G.ย 
Garbage and other waste materials must be completely contained within the container. No accumulation of garbage or waste materials will be permitted outside the confines of the container, nor will it be permitted to accumulate garbage or other waste materials so that the container cover cannot be firmly closed.
H.ย 
No container shall be located in or on a public right-of-way or Village-owned or Village-leased land without prior written approval of the Board of Trustees.
I.ย 
All containers shall be kept in good repair, be structurally sound, be leakproof and be easily opened and closed. Containers shall be painted as required to prevent the show of rust and deterioration and shall be so constructed to stand firmly upright.
J.ย 
Responsibility for the maintenance in and around and adjacent to the enclosure, including loose garbage, debris and refuse, shall be the responsibility as described in ยงย 151-23.1 below.
K.ย 
All containers shall have the name of the company supplying the containers and the name of the individual or company billed for such containers, clearly printed in letters at least three inches high on the front of such container. The adequacy of the notice location shall be approved by the Building Inspector.
Relief from any of the provisions of this article alleged to be a hardship may be obtained by submitting, in writing, to the Board of Trustees of the Village, a statement detailing the hardship and the relief requested. The Board of Trustees shall review the submission and render a decision thereon within 30 days. If the hardship involves site location of a container, a site plan of the property shall be submitted showing the proposed site location of the container with the distance from the property line or right-of-way and whatever pertinent information the petitioner may feel will be relevant to his presentation.
The provisions of this article shall be enforced by the Village Clerk and all parties authorized to issue appearance tickets as set forth in ยงย 5-1 of the Village Code.
Compliance with the provisions of this article shall be the joint and several obligation of:
A.ย 
The owner of the property serviced by the container;
B.ย 
The owner or leasee of the container servicing the property;
C.ย 
The user of the container; or
D.ย 
The leasee or agent of the owner of the property being serviced.