CHAPTER 72

 

                            REFUSE

 

                           ARTICLE I

 

                      GENERAL PROVISIONS

 

§ 72.1  Title

 

  This Chapter shall be known and may be cited as the "Refuse Law of the Village of Mineola, New York".

 

§ 72.2  Definitions

 

  As used in this Chapter, unless the context or subject matter otherwise requires, the following words shall have the following meanings:

 

  A.  PUBLIC PLACE: Includes streets, roads, avenues, sidewalks, thoroughfares, highways, parks, parkways, alleys, squares, plazas and any and all places not exclusively subject to private ownership, occupation or control.

 

  B.  VEHICLE: Includes any device in, upon or by which any person or property is or may be transported or drawn upon a public high- way, regardless of its means of propulsion, except a baby carriage and devices used exclusively on stationary rails or tracks.

 

§ 72.3  Scattering of refuse

 

  No person shall throw, scatter, deposit or collect; cause or permit to flow, collect, remain or be thrown, scattered or deposited; or cause or allow to be carried by wind, animals, or other means from any premises, receptacle, vehicle or other place or thing any paper, bottles, rags, ashes, bones, garbage, oil, dirt, filth, rubbish, debris, waste, sewage, discarded material or other deleterious or flammable substance or matter upon any public place or private premises.

 

§ 72.4  Placing household or business waste in public litter

        baskets prohibited

 

  No person shall place, scrape or throw any household or business waste, trash, garbage or rubbish in any public litter basket placed in any business area by the Village of Mineola or by any private individual or individuals.

 

§ 72.21                  MUNICIPAL CODE

 

                          ARTICLE II

 

                     COLLECTION OF REFUSE

 

§ 72.21  Setting out refuse, garbage, or trash for collection*

 

   No person shall place, collect, set out or deposit any refuse, garbage or trash for collection and removal except as hereinafter provided.

 

§ 72.22  Refuse collection vehicles

 

  No vehicle shall be used for the collection of garbage, refuse or rubbish unless the vehicle is covered with an adequate cover or screen to prevent the escape or dislodging of the garbage, refuse or rubbish collected therein.

 

§ 72.23  Use of dumpsters on public streets

 

  A.  Permits; fee.

 

  Where it is required to use the public street or highway for the purpose of placing a dumpster for any legal use, it shall be unlawful to place said dumpster on the public street or highway until a permit has been obtained from the Department of Building and Code Enforcement. The fee for said permit shall be established by Resolution of the Board of Trustees.

 

  B.  Standards for permits.

 

  Prior to the issuance of any permit by the Building Department for a dumpster, the applicant must meet the following standards:

 

  1.  The dumpster must be properly marked by reflectors and barricaded with flashing lights in order to avoid a hazard to vehicular or pedestrian traffic.

 

  2.  All applicants must produce a certificate of liability insurance insuring the Incorporated Village of Mineola. The amount of insurance shall be determined by the Department of Building and Code Enforcement.

 

 

 

*See Article III for paper collection.

 

                              REFUSE                       § 72.23

 

  3.  A separate permit must be issued for each dumpster placed on

a street or highway.

 

  4.  No dumpster shall exceed twenty (20) cubic yards of capacity.

 

  5.  Any dumpster containing animal or vegetable refuse shall be kept covered at all times with a metal cover.

 

  6.  No dumpster shall be placed within twenty‑five (25) feet of any intersection.

 

  7.  The placement of a dumpster on streets or highways will be determined by the Department of Building and Code Enforcement.

 

  8.  All dumpsters must conspicuously display the name, address and telephone number of the owner of the dumpster.

 

 

 

 

 

                          ARTICLE III

 

                    COLLECTION REGULATIONS

 

§ 72.31  Garbage

 

  A.  Defined.

 

  As used in this Section, garbage includes food, wastes, cartons, cardboard, tin food cans, rags, animal waste and similar matter.

 

  B.  Weight limit.

 

  Garbage shall not exceed seventy‑five (75) pounds per pick up.

 

  C.  Method of preparation.

 

  Kitchen food wastes shall be drained and wrapped in paper or plastic; animal wastes shall be bagged separately; then placed in the container.

 

  Cardboard cartons shall be cut up, flattened, and tied in bundles.

 

§ 72.31                  MUNICIPAL CODE

 

  D.  Containers.

 

  Containers shall be approved plastic or metal, watertight with covers and handles.

 

  Disposable boxes shall be tied and sealed.

 

§ 72.32  Combustible rubbish

 

  A.  Defined.

 

  As used in this Section, combustible rubbish includes ashes, boxes, tree branches, leaves, grass, hedge clippings, garden refuse, wood and similar matter.

 

  B.  Weight limit.

 

  Combustible materials shall not exceed seventy‑five (75) pounds per pick up.

 

  C.  Method of preparation.

 

  Combustible and noncombustible rubbish shall be placed in separate containers. Ashes shall be placed in a paper bag and then into container.

 

  Tree trimmings must be tied in bundles, not longer than three (3) feet in length and eighteen (18) inches in diameter.

 

  All boxes, disposable containers and packing crates in bulk must be dismembered into boards, not more than three (3) feet long.

 

  D.  Containers.

 

  Containers shall be approved plastic or metal containers.

 

§ 72.33  Noncombustible rubbish

 

  A.  Definition.

 

  As used in this Section, noncombustible rubbish includes metals, bottles, crockery, small stones, dirt and similar matter.

 

B.          Weight limit.

 

 

                            REFUSE                      § 72.37

 

  Noncombustible rubbish shall not exceed seventy‑five (75) pounds per pick up.

 

  C.    Method of preparation.

 

  Combustible and noncombustible rubbish shall be placed in separate containers.

 

  D.    Containers.

 

  Containers shall be approved plastic or metal containers.

 

§ 72.34  Recyclable material

 

  A.    Paper.

 

  Paper shall be handled as provided in § 72.41 of this Chapter.

 

  B.    Metal objects.

 

  1.    Weight limit. Seventy‑five (75) pounds.

 

  2.    Method of preparation. Doors shall be removed from appliances.

 

  C.    Deposit recyclables.

 

  1. All persons who are owners, lessees or occupants of residential dwellings in the Village shall place all deposit recyclables and glass recyclables in the recycling bins provided by the Village for pickup collection and recycling.

 

  2.  It shall be unlawful for any person, other than the owner, lessee or occupant of the residential building, or a Mineola Sanitation Department vehicle, to pick-up such deposit recyclables or glass recyclables for his or her own use.  Any person, firm or organization action on behalf of a charitable institution shall be exempt from this regulation provided permission is obtained from the Village Clerk in writing to pick-up such recylables. [Subd. C. added LL #6, 2001, 8/22/2001.]

 

§ 72.35  Construction rubbish

 

  Rubbish from building construction, alteration or repair or from

 

 

Supp. #6, 1/3/2002

§ 72.36                  MUNICIPAL CODE

 

contract operations on the premises will not be collected.

 

§ 72.36  Large and bulky items

 

  Large and bulky items such as appliances, mattresses, furniture, and similar objects will only be picked up by appointment with the Sanitation Department and must be placed at the curb for pickup.

 

§ 72.37  Limit on amount; failure to comply with regulations

 

  Where any type of refuse or the combined total of four (4) types of refuse placed for collection exceeds the weight limit of seventy‑five (75) pounds, the Village reserves the right to refuse the material, to defer collection or collect only part thereof. Where any class of refuse is placed in an improper container, or is not securely tied as set forth above, the Village reserves the right to refuse the material.

 

§ 72.38  General regulations

 

  A.    Placing refuse out; removal of containers.

 

  1.    No class of refuse shall be placed on any street, avenue or public place on weekends, legal holidays or at any time before 6:00 A.M.

 

  2.    Business zones. All containers must be removed within two (2) hours after garbage and refuse has been picked up.

 

  B.    Container standards.

 

  The combined weight of any container and its contents shall not exceed fifty (50) pounds. Containers shall be kept clean and in good condition. An ample number of containers for each class of    material shall be provided.

 

  C.    Dogs and other animals.

 

  1.    All dogs kept and harbored in any yard shall be properly tied and muzzled. Any interference by any animal with the work or safety of the person or persons collecting refuse shall result in a discontinuance of rear‑yard collection at that residence.

 

  2.    The owner or harborer of any animal who shall not take proper

 

 

Supp. #6, 1/3/2002

 

                            REFUSE                      § 72.38

 

precautions to ensure the safety of those persons making such rear‑yard collection of refuse shall be liable for any injury inflicted by such animal on any person employed in such collection.

 

  D.    Liability.

 

  The Incorporated Village of Mineola shall not be liable or responsible for any article or thing removed from the usual place of collection by any person or persons employed by the Incorporated Village of Mineola in the collection of refuse.

 

  E.    Snowstorms.

 

  In the event of any snowstorms, it shall be necessary for the owners or occupants of property to clear a path from the property line to the usual place of collection.

 

  F.    Safety measures.

 

 

 

 

 

 

 

 

 

 

                     [Next page is 72.7.]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supp. #6, 1/3/2002

                            REFUSE                      § 72.41

 

  1.    Gasoline, benzene, kerosene, turpentine or similar explosive or highly volatile liquids, or any cartridges, shells, ammunition or explosives shall not be put out for collection.

 

  2.    Broken glass, sharp metal or other material liable to injure the collector shall not be put out unless properly packaged to prevent injury.

 

 

 

 

 

 

                          ARTICLE IV

 

                       PAPER COLLECTION

 

§ 72.41  Separation and bundling of newspapers

 

  A.    Method of preparation.

 

  1.    All persons who are owners, lessees or occupants of residential dwellings in the Village shall separately bundle newspapers for pickup collection and recycling.

 

  2.    Newspapers shall be compacted and securely bundled and tied in packages not exceeding fifty (50) pounds, with a rope or cord sufficient in strength to facilitate handling. Such packages shall be placed separately at the curb for collection on days specified by the Superintendent of Public Works under the rules and regulations prescribed.

 

  B.    Removal by private persons prohibited; exception.

 

  After such newspaper bundles are placed in the vicinity of the curb for pickup collection and recycling, it shall be unlawful for any person, other than the owner, lessee or occupant of the residential dwelling, or a Mineola Sanitation Department vehicle, to pick up such newspapers for his or her own use. Any person, firm or organization acting on behalf of a charitable institution shall be exempt from this regulation of the Article, provided permission is obtained from the Village Clerk in writing to pick up the bundled newspapers.

 

 

 

 

§ 72.50                  MUNICIPAL CODE

 

                           ARTICLE V

 

                           PENALTIES

 

§ 72.50  Penalties

 

  A.    Violation of § 72.23.

 

  Any person who shall violate § 72.23 shall be liable to a fine of not less than Twenty‑five Dollars ($25.00) and not more than Two Hundred Fifty Dollars ($250.00) for each day that such violation shall continue.

 

  B.    Other violations.

 

  Any person who shall violate any other provision of this Chapter shall be punished as provided in § 1.10 of this Municipal Code.

 

 

 

 

References:

 

  Conviction for dumping out-of-town garbage sustained.  People v Cannistra, 70 Misc2d 559.

  Disposition outside city boundaries. Gen Mun L § 120-w.

       Town landfill ordinance which prohibits out of town dumping is a permissible restriction           which does not violate ECL, Art. 27 and is not unconstitutional. Monroe-Livingston    Sanitary Landfill, Inc., v Tn of Caledonia, 72 AD2d 957(54); 422 NYS2d 249, affd 51 NY2d   579; 435 NYS2d 966; 417 NE2d 78.  See also Dutchess Sanitation Serv v Plattekill, 73 AD2d        300; 426 NYS2d 176, rvsd 51 NY2d 670; 435 NYS2d 152; 417 NE2d 74.

  Duty of owner, agent, tenant, etc. to keep premises free from garbage, rubbish, etc. People v    Eisen, 353 NYS2d 886.

  Extraterritorial application of police powers. 5 McQuillin, Municipal Corporations [3rd ed.] §    15.30, pp. 126-130; City of Poughkeepsie v Vassar Coll., 35 Misc2d 604; Bakalar v Lazar, 71    Misc2d 683, 686.

  Police power; collection of garbage within scope of. Myers v Cornwall, 24 Misc2d 286.

  Regulation and licensing of private garbage or rubbish collectors. 83 ALR2d 799.

  Solid waste.

       private waste disposal. ECL § 71-2701.

             hazardous waste. ECL § 72-0401.

                  manner of disposal. ECL § 27-1305.

                  storage or disposal facility. ECL § 72-0401.

       recovery and management system. ECL § 51-0903(3); approval. ECL § 51-0905.

       recycling materials, marketing of. ECL § 27-0401.

       recycling, recovery and reuse, methods for. ECL § 3-0301(1).

  Supervision of licensees is a duty of the municipality. P&A Carting Co. v City of N.Y., 7 Misc2d     815.

  Waste transporter permits; fees. ECL § 27-0305.

 

 

 

 

 

 

 

 

                            REFUSE

 

                           ADDENDUM

 

  PROCEDURES FOR THE DISPOSAL OF SYRINGES, LANCETS AND SHARP

                         MEDICAL WASTE

 

  A.  Generally.

 

  Pursuant to § 72.38 (F)(3) of Chapter 72 entitled "refuse", the following procedures for the disposal of syringes, lancets and sharp medical waste are hereby established as follows:

 

  1.  Containment for Disposal

 

  Syringes and lancets and sharp medical waste are to be collected in a puncture proof plastic container.  The container may be na empty bleach, detergent or soda bottle which possesses a right screw top.  Glass bottles are not to be used as same are breakable.  Coffee cans are also not be used since the lids are too easily removed.

 

  The puncture proof plastic container is to be labeled clearly to indicate that it contains sharp objects.  The label is to be made with a waterproof marker which is either applied directly to the container, or used on masking tape which is adhered to the container.  The label may simple read "contains sharp objects".

 

  Used syringes, lancets and sharp medical waste are to be deposited into the plastic containers immediately after use.  The caps of the containers are to be screwed on completely.

 

  2. Disposal of Contained Items

 

  After containment of the syringes, lancets and sharp medical waste in accordance with the above specifications, plastic containers are to be brought to a collection site at Winthrop University Hospital during hours of operation.  The collection site at Winthrop University Hospital is currently located next to the Security Booth across from the Emergency Entrance to the hospital.  the hours of operation for the collection site are as follows:

 

          Wednesday    4:00 p.m. - 8:00 p.m.

          Saturday     6:00 a.m. - 8:00 p.m.

          Sunday       6:00 a.m. - 8:00 p.m.

 

Supp. #2, 8/1/97

 

                        MUNICIPAL CODE

 

  B.  Failure to Comply with Procedures

 

  Failure to dispose of syringes, lancets and sharp medical waste in accordance with the procedures set forth above may subject the offender to a fine or other penalty.  Compliance with the aforementioned procedures will be monitored.  When necessary to prevent injury to refuse collectors, sanitation service by the Incorporated Village of Mineola for a particular location may be suspended pending compliance with the above procedures.