PROPOSED LOCAL LAW
Local Law # ____ for 2005, amending Chapter 82 of the Village of Menands Municipal Code.
[Revised 8-15-05]
GARBAGE, RUBBISH AND RECYCLYING
§ 82-1. Purpose
This article is adopted for the purpose of promoting the health, safety, peace and general welfare for the citizens of the Village of Menands. [DELETE] The Village Board of Trustees deems it to be in the best interest of the village and its residents to provide specific time periods for the collection and removal of refuse and recyclable material within the village. [ADD] The definitions, specifications, requirements, prohibitions and enforcement provisions in this article are designed to ensure that the collection of garbage, rubbish, and recyclable material is accomplished in the best interests of the residents of the Village of Menands to protect their health, welfare and
quality of life; in a manner that is efficient and cost effective to the operations of the Village, the safety of its employees; and is consistent with the needs and requirements of existing inter-municipal agreements.
[add] To that end, the Village of Menands, shall provide regularly scheduled curbside collection and removal of garbage, refuse, bulk items, and recyclable materials. This service will be available to residential dwellings of fewer than five units. Dwellings containing more than four units shall, for the purposes of this article be considered multiple dwellings which, together with commercial or office buildings and/or dwellings where one or more units are used for commercial or office purposes, shall not be served hereunder.
§ 82-2. Definitions
[add] BRUSH – Tree branches; twigs; shrubs and hedge clippings not exceeding three inches in diameter and four feet in length.
[add] BULK ITEMS – Large and/or heavy items and materials larger than two feet by two feet by four feet or heavier than 50 pounds including furniture (other than aluminum yard furniture), Christmas Trees, house furnishings; large household appliances such as refrigerators, stoves, washing machines and clothes dryers.
[add] CANS – Containers comprised of aluminum, tin, steel or a combination ferrous or nonferrous materials, which formerly contained only food and/or beverage substances.
[add] CARDBOARD – All corrugated cardboard normally used for packing, mailing, shipping of containerizing goods, merchandise or other material, but shall not mean wax-coated or soiled cardboard (i.e., pizza boxes).
[amend] GARBAGE – All decayable waste, with the exception of sewage and body wastes, but including fruit, vegetable and animal offal, and shall include all such
substances accumulated on or removed from all public and private establishments and properties, resulting from the handling, preparation, cooking or storing of foods.
[add] GARBAGE CONTAINER - A solid container made of non-rusting metal, or hard shell plastic used to contain refuse for storage and collection.
[add] GLASS – Empty bottles, jars and containers of clear (flint), green and brown (amber) color with rings and caps removed and therefore generally recyclable. This term does not include ceramic ware, auto glass, mirrors, kitchenware, window glass and stained glass.
[add] HAZARDOUS WASTE – Any material natural or manufactured, which by itself or in conjunction with other like or dissimilar material will contaminate, to environmentally unsafe levels, the atmosphere, soil or water, whether above or below the ground, or poses a health risk from improper handling, disposal or discard of the same. Substance so defined and in quantities so proscribed by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et seq.), the Toxic Substances Control Act (15 U.S.C. §2601 et
seq.) or Article 27 of the Environmental Conservation Law or any rule or regulation promulgated under any of those laws.
[add] IMPORTING - To introduce, or bring in from an outside, or external, source.
[add] Landlord – A person or persons, who owns, or rents land, buildings, or dwelling units.
[add] MEDICAL WASTE - A combination of medical treatment materials and/or human wastes which due to their potential physical, infectious characteristics, may cause illness to others; or, significantly contribute to an increase in mortality; or, an increase in serious irreversible or, incapacitating reversible illness; or, pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.
[amend] PERSON – Any individual, firm, partnership, company, corporation, association, society or group, or any combination of individuals acting in concert.
[add] PRIMARY OCCUPANT – The owner, or resident, of a residence who is considered in control of the premise.
[add] RECYCLABLE MATERIAL – Any material designated, from time to time, which, under any applicable law or regulation, is not hazardous and which is separated from the waste stream and held for its material recycling or reuse value. It shall mean those items which are marketable and which may include but not be limited to metal cans, glass, scrap metal, discarded newspapers, magazines, cardboard, flat paper, plastic, yard waste, engine oil, tires and vehicle batteries. Recyclables do not include “recyclable materials” which in their existing form are contaminated.
[amend] REFUSE – Rubbish, garbage, trash, recyclable materials and collectible yard waste resulting from the normal day-to-day operation of a household, a business, commercial or industrial establishment or a public or quasi-public facility. “Refuse” does not include
rubble, bulk items, industrial waste, automobile or other motor vehicle tires or any other material not covered under this definition.
REFUSE COLLECTOR – Any person, firm, corporation or other legal entity carrying on the business of receiving, collecting, transporting or disposing of garbage, rubbish, trash or other wastes or recyclable material for hire and/or salvage.
[add] RESIDENT – A person residing within the Village of Menands.
[add] RESIDENCE – A building or parcel of land having fewer than five dwelling units.
[amend] RUBBISH – General, dry material produced routinely by household, commercial or industrial establishments, such as: [delete] paper, cans, bottles and other containers and ashes and any other similar materials.
[add]
a) Paper, plastic, cardboard or other material used to wrap, cover or contain food, other than certain metal HDPE or glass containers defined in this section as “recyclable material”.
b) Metal (other than pure aluminum, copper, stainless steel or brass).
c) Miscellaneous waste material, including rags, drugs, health aids and materials, sweepings, excelsior, rubber, leather, cloth clothing, magazines, paper (other than newspapers), waste materials from normal maintenance and repair activities, pasteboard, crockery, shells, dirt, filth, ashes, wood, glass (other than certain glass bottles, jugs and jars defined in this section as “recyclable material”), and any other similar waste material. “Rubbish” does not include recyclable materials, bulk items, rubble or any other material not covered under this definition.
[delete definition] TRASH – Bushes, branches, Christmas trees, lawn rakings and similar waste materials, bulky objects such as discarded household appliances, equipment or furniture. and building demolition and construction wastes.
[add] VILLAGE – The Village of Menands and it entities.
[add] YARD WASTE – Grass clippings, leaves, cuttings and other debris from plants, shrubs, hedges, tree branches less than three inches in diameter and four feet in length, and other vegetation. Garbage, recyclable material construction and demolition debris, sod or soil shall not be construed to include “yard waste”.
§ 82-3. Hours of collection; exception.
The collection and removal of refuse and/or recyclable material within the Village of Menands by refuse collectors shall be authorized only between the hours of 7:00 a.m. and 7 p.m., Monday through Friday, and between the hours of 9:00 a.m. and 4:00 p.m. on Saturday. No such collection and removal shall take place on Sunday. This provision shall not apply to refuse or recyclable material collection performed by the Village of Menands and its employees or contractors.
[add] § 82-4. Garbage container requirement
Garbage placed curbside for collection must be tied in clear, or white (opaque), plastic garbage bags and placed in a conforming garbage container. No single garbage container placed for collection shall exceed 40 pounds. Persons not placing garbage in a sealed garbage container may be found in violation if the garbage bags are untied or broken and the contents are strewn or, if an unsealed garbage container weighs more than 40 pounds, including infiltration by water. Person(s) found offending or violating this section after complaint shall be guilty of a violation subject to the penalties including fines under §82-10 of this article.
[add] § 82-5. Refuse curbside placement
Residents shall be prohibited from placing or leaving refuse on the curbside prior to 6:00 PM on the evening prior to the scheduled curbside refuse collection, or prior to 4:00 PM from November 1 thru March 31. Person(s) found offending or violating this section after complaint shall be guilty of a violation subject to the penalties including fines under §82-10 of this article.
The above section shall not apply to yard waste.
[add] § 82-6. Securing/Storing Garbage Containers
a) Residents shall be required to recover and secure emptied garbage containers and/or other waste receptacles from curbside by 7:00 PM on the day of scheduled refuse collection.
b) Garbage containers must be stored in a location on the premise of the primary occupant or resident [i.e. garage, shed, porch], that is generally out of sight of adjoining property owners and the general public. Garbage containers may not be left on the side of the premise that faces a public street or right of way.
Person(s) found offending or violating this section after complaint shall be guilty of a violation subject to the penalties including fines under §82-10 of this article.
[add] § 82-7. Importing Garbage, Refuse, Bulk Items
The curbside collection program is intended as a benefit for the residents of the Village. No person, including residents, shall transport garbage, refuse, or bulk items into the municipal boundaries of Village for the purpose of leaving such items for curbside collection. Residents of the Village shall be prohibited from accepting imported garbage, refuse, or bulk items, to their property or residence, from outside of the Village with the intent that such garbage, refuse, or bulk items, will be removed by the Village of Menands Department of Public Works. Person(s) found offending or violating this section after complaint shall be guilty of a violation subject to the penalties including fines under §82-10 of this article.
[add] § 82-8. Special Collection
The Village shall provide for the “special collection” of bulk items. Residents shall be authorized to request “special collection” for removal of refuse or, bulk items from their property or residence. The administrative office of the Village must receive and acknowledge either verbal or written notice, at least 24 hours prior to the placement of the materials at curbside for removal. Failure to provide such notice prior to placement of bulk items or other materials at curbside shall be considered a violation. The Village shall also be held harmless if the Department of Public Works is unavailable to provide the service as requested. Person(s) found offending or violating this section after complaint shall be guilty of a violation subject to the penalties including
fines under §82-10 of this article.
[add] §82-8(b) Yard Waste:
The Village shall provide seasonal removal of organic lawn debris including:
1. Grass clippings, hay, and other yard debris, with the exception of leaves, must be placed curbside in a container marked as “Compostable”, or in biodegradable paper bags approved by the Village for such use;
2. Brush, tree and bush trimmings, not exceeding four feet in length, bundled in string or twine, or bagged;
3. Leaves, which are free of other organic lawn debris, sod and rocks, may be placed curbside for removal.
The Village may refuse to collect yard waste that is found not to be in conformance with this section.
[add] § 82-9. Prohibited Items
Residents shall be prohibited from placing the following items at curbside for removal:
a) Contractor’s building or demolition materials, including but not limited to bulk roof shingles, dimensional framing lumber, bulk or sheet plywood, paneling, plasterboard, sheetrock, stone, blacktop, concrete, brick or concrete block.
b) Electronics equipment including but not limited to televisions; microwave ovens; computer monitors and related equipment; batteries; fluorescent tubes;
c) Automotive parts; tires;
d) Medical waste; surgical dressings, hypodermic syringes, needles or other items and materials used for medical treatment which may contain bodily fluids or wastes and therefore may pose a potential biological or health hazard. This section shall not apply to soiled disposable diapers that are placed in a sealed plastic bag.
e) Hazardous waste and/or dangerous materials as defined pursuant to regulations issued by the Department of Environmental Conservation such as: Acids; asbestos; wet paints; propane tanks and/or containers of any combustible or explosive materials.
f) Yard debris containing rocks, sod, treated wood, cardboard, or any other non-organic materials.
The Village reserves the right to refuse collection of items not listed. Ten (10) days notice shall be provided to the official paper as legal notice of changes to the above list.
Person(s) found offending or violating this section after complaint shall be guilty of a violation subject to the penalties including fines under §82-10 of this article.
§ 82-10 [Formerly §82-4] Penalties for offenses.
[amend] Any person(s), landlord, firm or corporation violating any of the above provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine not to exceed $250 upon the first offense, and not less than $25, for any subsequent offense or imprisonment not exceeding 15 days, or both such fine and imprisonment [add] together with any and all costs of the Village of Menands for correcting or abating such violation.
[add] §82-11 Enforcement
The enforcement of this article and any rules and regulations promulgated thereunder will be the responsibility of the Village of Menands Police Department, Building Department, Department of Public Works and such other persons as may be, from time to time, authorized by the Board of Trustees of the Village. Due consideration may be given to residents found offending sections of this chapter as may be due to illness, disability or physical infirmity.
[add] §82-12 Recycling Material; Collection
The Village of Menands encourages residents to separate recyclable refuse including glass; plastics; metal cans; newspaper; and to this end shall provide a scheduled recycling collection.
(a) Acceptable plastic recyclable materials include HDPE #2 plastics bottles; PET #1 plastic bottles. (examples – soda, juice, milk, detergent bottles)
(b) Unacceptable plastic recyclable materials include #3 and #7 plastics. (examples – medicine bottles, microwave dishes, oil containers, butter tubs, yogurt and cottage cheese containers. Non-bottle #1 and #2 plastic bags or 5-gallon pails.
[add] §82-13 Severability
The provisions of this article are severable. If any provision of this article or its application to any person(s) or circumstances is held invalid, said invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application of th
is article.
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