Town of Mount Pleasant, NY Chapter 118 Garbage, Rubbish and Refuse

[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 9-22-1970. Amendments noted where applicable.]

GENERAL REFERENCES

Animal waste — See Ch. 83.

Block parties — See Ch. 65.

Littering — See Ch. 133.

Property maintenance — See Ch. 162.

Recycling — See Ch. 166.

§ 118-1 Definitions and word usage.

A. Wherever used in this chapter, the following terms shall mean and include:

ASHES

The residue from the burning of wood, coal, coke or other combustible materials.

BUILDING INSPECTOR

The Building Inspector of the Town of Mount Pleasant or his authorized representative.[1]

COMMERCIAL AREA

Any area where a club, business, industry or light-manufacturing enterprise is located or operating, or any area not classified as residential.

GARBAGE

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.

LITTER

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.

MULTIFAMILY DWELLING

A detached building containing three or more dwelling units.

PERSON

Any person, employee, servant, agent, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE DWELLING

A detached building containing two dwelling units or less.

PRIVATE PROPERTY

Any property other than that used as a public highway.

REFUSE

All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish and ashes.

RESIDENTIAL AREA

An area primarily zoned and occupied for residential purposes.

RUBBISH

Nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes such as yard clippings, metals, wood, glass, bedding, crockery and similar materials.

SIDEWALK

The area between a building or property line and the street.

STREET

Includes any public street, roadway, highway, lane, alleyway, park, parking area, grounds or any other public place.

TOWN

The unincorporated area of the Town of Mount Pleasant having a refuse and sanitation district.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art I).

§ 118-2 Dumping, accumulation and littering prohibited.

A. 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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art I).

B. 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. 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. 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]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art I).

E. 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. 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. 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.

§ 118-3 Supervision of collection and disposal. [1]

A. Collection.

(1) 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) During the autumn leaf removal, all leaves are picked up in bulk. At all other times leaves must be in containers.

B. 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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art I).

§ 118-4 Precollection practices.

A. Garbage, ashes and rubbish shall be placed and maintained in containers or receptacles.

B. 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. 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. Each such receptacle containing garbage or rubbish shall be free of water or wetted materials.

E. Refuse containers.

(1) 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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art I).

(2) 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) Ashes. Ash containers shall be made of metal.

F. Points of collection.

(1) Refuse containers shall be placed for collection in a visible and accessible area near the curb line immediately adjacent to the premises.

(2) 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]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art I).

§ 118-5 Collection.

A. 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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art I).

B. Residential.

(1) Regular collections from residential areas shall be made from Monday through Friday on days and hours scheduled by the Building Inspector.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art I).

(2) 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) Quantities of refuse to be collected are limited as follows

(a) 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) 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) 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) 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]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art I).

(e) 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. Prohibitions and restrictions.

(1) The use of barrels, drums, kegs, cardboard boxes or cloth bags for the containing of garbage shall be prohibited.

(2) Empty receptacles shall be removed from the curb area within four hours after collection unless otherwise prescribed by the Building Inspector.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art I).

(3) Obscuring from public view.

(a) 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) Dumpsters shall be shielded from the public view by means of appropriate landscaping or architectural screening.

[Added 9-23-1980]

(4) It shall be, hereafter, illegal for any person to construct, place or build facilities for the storage of receptacles below property grade (underground).

(5) 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) 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) 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) 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) 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]

§ 118-6 Materials not collected by town.

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.

§ 118-7 Excessive accumulation.

A. 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. 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]

§ 118-8 Penalties for offenses.

[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.