[HISTORY: Adopted by the Town Board of the
Town of Mount Pleasant 9-22-1970. Amendments noted where applicable.]
A.Â
ASHES
BUILDING INSPECTOR
COMMERCIAL AREA
GARBAGE
LITTER
MULTIFAMILY DWELLING
PERSON
PRIVATE DWELLING
PRIVATE PROPERTY
REFUSE
RESIDENTIAL AREA
RUBBISH
SIDEWALK
STREET
TOWN
Wherever used in this chapter, the following terms
shall mean and include:
The residue from the burning of wood, coal, coke or other
combustible materials.
The Building Inspector of the Town of Mount Pleasant or his
authorized representative.[1]
Any area where a club, business, industry or light-manufacturing
enterprise is located or operating, or any area not classified as
residential.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food and readily
combustible material such as paper, cardboard, wood, excelsior, cloth,
food cans, glass food containers and bottles.
Garbage, refuse or rubbish, as may be defined herein, and
other waste material which is thrown or deposited and which tends
to create a danger to the public health, safety and welfare.
A detached building containing three or more dwelling units.
Any person, employee, servant, agent, firm, partnership,
association, corporation, company or organization of any kind.
A detached building containing two dwelling units or less.
Any property other than that used as a public highway.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish and ashes.
An area primarily zoned and occupied for residential purposes.
Nonputrescible solid wastes, excluding ashes, consisting
of both combustible and noncombustible wastes such as yard clippings,
metals, wood, glass, bedding, crockery and similar materials.
The area between a building or property line and the street.
Includes any public street, roadway, highway, lane, alleyway,
park, parking area, grounds or any other public place.
The unincorporated area of the Town of Mount Pleasant having
a refuse and sanitation district.
A.Â
The owner, lessee, contractor, tenant or other person
having management or control of or occupying any lot or plot of land
in the town, excluding any location designated by the Town Board and/or
the Westchester County Department of Health for such purposes, shall
keep such land at all times free and clear of any accumulation of
garbage, refuse, rubbish, litter and waste or discarded matter of
any type, including automobiles, except such as may be deposited for
collection and disposal, as provided for by this chapter. Upon due
notice in writing by the Building Inspector or the Police Department
of the Town of Mount Pleasant, New York, given to such owner, lessee,
contractor, tenant or other person to remove said accumulation of
garbage, refuse, rubbish, litter and waste or discarded matter from
said lot or parcel of land and upon failure to comply within a period
of five days after the service of said notice, said owner, lessee,
contractor, tenant or other person shall be deemed to have violated
the provisions of this chapter. Notice shall be served by regular
mail or in person.[1]
B.Â
No person shall deposit, throw, cast or bury ashes,
rubbish, refuse, grass cuttings, tree cuttings, leaves, garbage, waste
matter, offal or discarded matter of any type, including automobiles,
on any lot or plot of land in the town other than small inoffensive
compost heaps, such as may be utilized by a home gardener when stored
on his own property and appropriately screened from view.
C.Â
No person shall throw, cast, lay or direct, suffer
or permit any person to throw, cast or lay any litter and waste or
discarded matter of any type, including automobiles, on any street,
sidewalk or right-of-way within the town.
D.Â
The Building Inspector shall place on sidewalks, parking
areas or any other public place litter baskets as may, in his discretion,
be required. No person shall deposit in such litter baskets accumulations
of litter, refuse and waste or discarded matter of any type from private
or commercial property which must be deposited for collection or disposal,
as provided for by this chapter.[2]
E.Â
No person being the owner, driver or manager of any
car or other vehicle, and no owner of any receptacle, shall scatter,
drop or spill or permit to be scattered, dropped or spilled any dirt,
gravel, sand, clay, loam, stone or building rubbish; or hay, straw,
oats, sawdust, shavings or other light materials of any sort; or manufacturing,
trade or household waste, refuse or rubbish of any sort; or ashes,
manure, garbage or other organic refuse or other offensive matter
therefrom or permit the same to be blown off therefrom by the wind
upon any street or sidewalk or right-of-way in the town.
F.Â
No person shall allow any swill, brine or any offensive
animal matter or any bad-smelling or noxious liquid or other filthy
matter of any kind to run or fall into or upon any street, sidewalk
or right-of-way in the town or be taken or put thereon.
G.Â
No person having the care, custody or control of any
domestic animal, including cats, whether leashed or unleashed, licensed
or unlicensed, shall permit such animal to excrete its body waste
upon any sidewalk area in the town.
A.Â
Collection.
(1)Â
All garbage, refuse, litter and waste material of
any type accumulated in the town shall be collected, conveyed and
disposed of under the supervision of the Building Inspector, who shall
have the authority to make regulations concerning the days of collection,
type, size and location of disposal containers and such other matters
pertaining to collection, conveyance and disposal as he shall find
necessary. The Building Inspector shall have the authority to change
and modify any regulations after due notice to all concerned.
(2)Â
During the autumn leaf removal, all leaves are picked
up in bulk. At all other times leaves must be in containers.
B.Â
Appeals. Any person aggrieved by a regulation or fee
charged by the Building Inspector shall have the right to appeal to
the Town Board, which shall have the authority to confirm, modify
or revoke any regulation or fee.
A.Â
Garbage, ashes and rubbish shall be placed and maintained
in containers or receptacles.
B.Â
It shall be the duty of every person having the management
or control of or occupying any land or building to provide for the
exclusive use of such land or building or part thereof sufficient
receptacles to hold garbage, ashes and rubbish ordinarily accumulated
by the occupants of such land or building, each in separate receptacles,
and allocate an area for storage of such receptacles in the interval
between regular collections. Any waste material other than garbage,
ashes and rubbish, which cannot be readily deposited in any receptacles,
may be compacted and securely bundled, tied or packed so as to be
easily handled, but not weighing more than 60 pounds and not likely
to be scattered, and, when packed and secured, may be placed at the
curb on curb pickup days. Such packages or bundles should not exceed
three feet in length.
C.Â
Each of such receptacles provided for in this section
shall be watertight, kept covered with a suitable cover and maintained
in a sanitary condition by periodic cleaning, except that in instances
where approved one-cubic-yard or one-and-a-half-cubic-yard containers
are used, such receptacles shall not exceed 32 gallons' capacity and,
when filled, shall not exceed 60 pounds in total weight.
D.Â
Each such receptacle containing garbage or rubbish
shall be free of water or wetted materials.
E.Â
Refuse containers.
(1)Â
Duty to provide and maintain in sanitary condition.
Refuse containers shall be provided by the owner, tenant, lessee or
occupant of the premises. Refuse containers shall be maintained in
good condition. Any container that does not conform to the provisions
of this chapter or that may have ragged or sharp edges or any other
defect liable to hamper or injure the person collecting the contents
shall be promptly replaced upon notice. The Building Inspector shall
have the authority to refuse collection for failure to comply herewith.[1]
(2)Â
Garbage and rubbish. Receptacles shall be containers
commercially manufactured for the purpose, equipped with suitable
handles and tight-fitting covers, and shall be watertight.
(3)Â
Ashes. Ash containers shall be made of metal.
F.Â
Points of collection.
(1)Â
Refuse containers shall be placed for collection in
a visible and accessible area near the curb line immediately adjacent
to the premises.
(2)Â
The Building Inspector may authorize the removal of
garbage and ashes from the receptacle storage areas, provided that
such storage areas are readily accessible to the collection vehicle
and collection in this manner will, in his opinion, result in a more
expeditious removal of the garbage and ash accumulation from such
receptacles.[2]
A.Â
Generally. The contractor shall make regular collections
of all refuse as often and during such specified hours as shall be
prescribed by the Building Inspector. Collection shall be made from
receptacles when placed on or in front of any premises at such accessible
locations as shall be designated by the Building Inspector. The Building
Inspector shall have the right to omit collections from any premises
where a vicious dog is permitted to run at large or where employees
of the town are subject to any unnecessary danger or hazard.[1]
B.Â
Residential.
(2)Â
All refuse shall be in containers commercially manufactured
for this purpose and not exceeding 32 gallons in size, have tight-fitting
covers, with a maximum filled weight of 60 pounds, except that garden
refuse and rubbish will be accepted in wooden boxes, baskets or pails
with handles.
(3)Â
Quantities of refuse to be collected are limited as
follows
(a)Â
Garbage. The equivalent of two thirty-two-gallon
containers each collection day. Bundled and tied tree trimmings, not
exceeding three feet in length and 24 inches in any other dimension,
shall be equal to one thirty-two-gallon container.
(b)Â
Rubbish. The equivalent of two thirty-two-gallon
containers each collection day. Bundled and tied tree trimmings, not
exceeding three feet in length and 24 inches in any other dimension,
shall be equal to one thirty-two-gallon container.
(c)Â
Christmas trees. Trees shall be placed at the curb area and will be collected by regular collection or special collection during the month of January each year. Trees do not have to be cut to meet the length requirement described in Subsection B(3) (a) above.
(d)Â
Large household items. All large household items,
such as furniture, refrigerators, etc., will be collected from the
curb area only and by special vehicle by appointment with the Building
Inspector before placing at the curb. The Building Inspector shall
have the authority to decline certain materials in accordance with
the town's ability to dispose of such materials.[3]
(e)Â
Ashes. Ashes must be thoroughly water quenched
and placed in one fireproof metal receptacle weighing not more than
60 pounds filled and placed with rubbish for collection.
C.Â
Prohibitions and restrictions.
(1)Â
The use of barrels, drums, kegs, cardboard boxes or
cloth bags for the containing of garbage shall be prohibited.
(3)Â
Obscuring from public view.
(a)Â
Refuse receptacles shall be stored on private
property on a location adjacent to a principal- or accessory-use building,
but in no case shall such receptacles be stored forward of the front
building line of the principal structure unless they are off the sidewalk
area and completely obscured from public view.
(b)Â
Dumpsters shall be shielded from the public
view by means of appropriate landscaping or architectural screening.
[Added 9-23-1980]
(4)Â
It shall be, hereafter, illegal for any person to
construct, place or build facilities for the storage of receptacles
below property grade (underground).
(5)Â
Receptacles shall not be placed for collection inside
or within any building, accessory-use building or garage or any place
above or below level.
(6)Â
No person shall prevent or interfere with any employee
of the town in the sweeping or cleaning of any street, sidewalk or
right-of-way or in the removal therefrom of sweepings, litter, snow,
ice or other refuse material.
(7)Â
No person, other than an authorized employee or agent
of the town or a private collection agency authorized by the owner
or occupant of the property, shall disturb or remove any garbage,
refuse, rubbish, paper or boxes that have been placed outside of private
houses or lots for removal.
(8)Â
No employee of the town, in the course of his duties,
shall be required to enter a building or structure to gather or collect
any refuse.
(9)Â
No refrigerator may be discarded, abandoned or stored
in a place accessible to children without first completely removing
any locking device and all doors.
[Added 9-23-1980]
The town shall not collect or dispose of any
debris, such as plaster, stone, brick, sawdust, sod or dirt, resulting
from general contracting, renovating or landscape contracting; nor
shall the town collect or dispose of any cleaning-establishment waste,
highly combustible materials, junk automobiles or parts or branches
and tree stumps unless they are split in sections six inches or less
in diameter and three feet or less in length. Removal of such debris
shall be arranged privately.
A.Â
Any accumulations of refuse resulting from failure
of any person to comply with a provision of this chapter or from the
failure of such person to take advantage of the regular collection
service maintained by the town and any wastes building materials in
excess of ordinary household refuse of such materials shall be removed
by such person at his expense.
B.Â
The Building Inspector will collect, on scheduled days, amounts of all classes of refuse from the premises, in accordance with the limitations set forth in § 118-5, but where abnormal amounts are placed for collection, the Building Inspector reserves the right to refuse the materials, to defer the collection, to collect the material in part or to make a special collection thereof at charges authorized by the Building Inspector.
[Amended 3-13-2001 by L.L. No. 1-2001]
[Amended 3-13-2001 by L.L. No. 1-2001; 6-13-2023 by L.L. No. 6-2023]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be subject to a fine not to
exceed $1,000 or to imprisonment for a term not to exceed 15 days,
or both.