Setting out of Garbage Recyclables Waste Materials and Other Outside Storage of Junk Trash and Waste Materials

VILLAGE OF OTISVILLE

LOCAL LAW #4 OF 2015

REGULATING THE SETTING OUT OF GARBAGE AND RECYCLABLES; AND OUTSIDE STORAGE OF JUNK, TRASH AND WASTE MATERIALS WITHIN THE VILLAGE OTISVILLE, NEW YORK

BE IT ENACTED by the Board of Trustees of the Village of Otisville as follows:

SECTION 1:  INTENT:  The purpose of this local law is to protect the public health, welfare and safety by legislating that no person be allowed to maintain or permit, within the limits of the Village of Otisville, the dumping or accumulation of household garbage, recyclables, waste materials, junk or trash.

SECTION 2:  REPEAL OF PREVIOUSLY ADOPTED LAWS:  The adoption of this Local Law shall repeal and annul Local Law #2 of 2013.

SECTION 3:

1. The collection of household garbage and recyclables shall be provided to any residential property with less than four dwelling units within the Village of Otisville provided that such household garbage and recyclables comply with the standards imposed by the County of Orange for acceptance for disposal at its landfill facilities, as same may be amended from time to time.

2. Garbage collection shall be provided within the Village of Otisville to any real property utilized for more than three dwelling units, commercial or mixed use purposes provided that such garbage also complies with the standards imposed by the County of Orange as stated above; and provided further that said garbage is properly stored in acceptable containers.  The fees for this service will be set forth by the Village of Otisville Board of Trustees, by resolution, and may be amended by resolution from time to time.

SECTION 4:  No person shall set out, household garbage or recyclables except in a            secure plastic garbage can container of not over 45 gallons.  Such container must have a lid which must be kept in place at all times as to prevent the accumulation of rain water in the receptacle and the dispersion of the garbage by animals.  Absolutely no metal containers should be used for setting out of garbage, recyclables or waste materials.  

SECTION 5:  In accordance with the Solid Waste Management Act and Orange County Law, various recyclable items must be separated from regular garbage and trash.  These items include:

• Newspapers, Mixed Paper, Cardboard, Corrugated Containers
• Mixed Containers – which include glass bottles, metal cans, plastic containers and other items

(These recyclable items are more specifically defined in the Recycling Guidelines published by the Orange County Division of Environmental Facilities and Services. Copies of these guidelines are available at the Village of Otisville Hall and on the Orange County and Village websites)

www.co.orange.ny.us     www.villageofotisville.com

SECTION 6:  In addition, none of the following items may be set out with regular garbage or recycling:

• Building materials
• Compost materials – leaves, grass clippings, brush and branches
• White Goods – refrigerators, stoves, washing machines, etc.
• Lead acid batteries - car batteries, truck batteries, marine batteries, tractor batteries, motorcycle batteries, etc.
• Tires – car, truck, tractor, bicycle, etc.
• Furniture – of any type
• Electronic Equipment – including, but not limited to, computers, computer monitors, and televisions

SECTION 7:  PICKUP GUIDELINES

A.    GENERAL GARBAGE AND RECYCLING

1.  
   1. No person shall set out or discard household garbage or recycling earlier than 4:00 p.m. on the day prior to the designated day fixed for garbage collection, nor later than 5:00 a.m. on the morning of the day fixed for garbage collection

1.  
   2. General household garbage and recycling shall be stored separately in the appropriate containers as described in Section 4 of this local law.

1.  
   3. General household garbage and recycling must be set out, at the edge of the property adjacent to the road, for collection.

1.  
   4. Properties located on private roads must place their garbage and recycling at the end of the private road adjacent to the nearest main road.

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   5. Garbage and recycling containers shall be removed from the edge of the property line no later than Midnight on the day of collection

2. GENERAL GARBAGE PICKUP – PROPERTIES WITH MORE THAN THREE DWELLING UNITS, COMMERCIAL AND MIXED USE ESTABLISHMENTS

2.  
   1. Such properties may elect to store their garbage in dumpsters, which range in size from a minimum of 2 yard capacity to a maximum of 6 yard capacity, according to the specifications set forth by the Village of Otisville Board of Trustees.  Such specifications may be amended by the Board of Trustees, by resolution, from time to time.
   2. Prior to purchasing a dumpster intended to be used for commercial pickup, the DPW Superintendent must be contacted for specification information and authorization for dumpster pickup.

2.  
   3. Once it is determined that a property will have dumpster pick up, then all garbage for that property must be placed in the dumpster(s) for pick up.

2.  
   4. If a property owner opts not to have a dumpster, the garbage, must be placed at the edge of the property, adjacent to the road for pick up in secure containers, as described in SECTION 4 of this local law.

5.      If a property owner elects to not utilize Village garbage pickup, the property shall be assessed the minimum monthly fee established for this purpose.

6.      Any bill not paid within 30 days of the date of issued will be assessed a 5% late fee per month for each month until such bill is paid.  In the event that a bill remains unpaid at the time of next billing additional penalties shall be assessed in accordance with the rate schedule established by the Board of Trustees, which may be amended from time to time by a resolution of the Village Board   Any bill outstanding as of May 1st of each year shall incur an additional penalty.  Such unpaid bills, including late fees and penalties, shall be levied onto the property tax.

7.      The Property owner shall be notified by mail of any changes to the rate schedule or additional penalties established by the Board of Trustees.

8.      The Board of Trustees may also suspend garbage pick-up for non-payment of pick-up fees.

C.    RECYCLING PICKUP

3.  
   1. The Village of Otisville provides for the pickup of recyclables as mandated by the State of New York and County of Orange.  Such recyclables MUST be separated from the main stream garbage.  No one is exempt from the State and County mandated recycling program.  All Village properties must adhere to these guidelines.

3.  
   2. The Village of Otisville will pick up mixed paper and mixed containers defined as recyclable by the Orange County Division of Environmental Facilities and Services.  All such mixed paper and mixed containers may be set out in the same secure container as defined in SECTION 4. Recyclable items set out in bags will not be picked up.

3.  
   3. Newspapers and flattened cardboard may be set outside without a container provided these items are tied in bundles with string, twine or rope.  Newspapers left untied, tied with other materials, or left in plastic bags will not be picked up.  

4. BULK TRASH PICKUP

4.  
   1. The Village of Otisville provides for the pickup of bulk trash in accordance with the mandates set forth by the State of New York and the County of Orange concerning the separation of certain items from the solid waste stream.

4.  
   2. Items set out for bulk trash collection shall be placed curbside no later than 7:00 a.m. on the morning of the day established by the DPW Superintendent to be the start of the bulk trash collection period and no earlier than 5 days before the scheduled pick up.  Once bulk trash collection has been completed in your area, the trucks will not return.  Care must be taken not to place the bulk trash for collection in an area that may impinge upon the roadway or interfere with the site distance of the roadways within the Village of Otisville.

4.  
   3. The following criteria must be adhered to when setting out bulk trash for pick up:

                                                            a)      Brush and wood is to be tied in separate bundles in lengths not larger than 4 feet.

                                                            b)      Paint cans will be picked up only if they are empty and dry.

                                                            c)      Absolutely no car parts, building materials, roofing materials, stone, dirt or drums of any size.

                                                            d)      Only un-mounted tires will be picked up – limit of 5 tires per household.

                                                            e)      White goods such as refrigerators, stoves and washing machines, etc. shall be picked up.  For safety reasons, doors on all appliances must be taken off and placed next to the appliance when the appliance is put out for collection.

                                                             f)      Televisions, computer monitors and other electronic equipment are classified as household hazardous waste and will not be picked up.

E.     HAZARDOUS WASTES

The Village of Otisville does not provide for the pick up of hazardous wastes.  Information on the disposal of hazardous wastes can be found on the Orange County website:             www.co.orange.ny.us

F.  SEASONAL PICK UP

1.      The Village of Otisville provides for the pick up of leaves in November of each year.  Leaves must be bagged and placed out for collection no later than 5:00 a.m. the day of pick up.  The DPW Superintendent is responsible for establishing the date for leaf pick up. No leaves shall be picked up after the date set for collection.

2.      The Village of Otisville provides for the pick up of Christmas trees in January of each year.  Christmas trees must be placed out for collection no later than 5:00 a.m. on the day established by the DPW Superintendent for pick up.  No Christmas trees shall be collected after the day set forth.

G.    GARBAGE AND RECYCLING PICKUP FOR PROPERTIES LYING ONLY PARTIALLY WITHIN THE VILLAGE LIMITS

1.      Pick-up of garbage and recycling for property owners whose residence is located on a parcel lying partially within the Village of Otisville, but whose residential dwelling is located on a portion of said parcel lying outside of the Village, may be provided by the Village, subject to the provisions of this section.

7.  
   2. The owner of said property may petition the Village of Otisville Board of Trustees for garbage pick-up.  If approved for pick-up, the owners of said property must comply with the same standards as Village residents.

7.  
   3. Garbage pick-up for any such properties shall incur an expense for such service in accordance to the Rate Schedule, which will be set forth by the Village of Otisville Board of Trustees, by resolution and may be amended, by resolution, from time to time.

4.      Any such bill not paid within 30 days of the date of issued will be assessed a 5% late fee per month for each month until such bill is paid.  In the event that a bill remains unpaid at the time of next billing additional penalties shall be assessed in accordance with the rate schedule established by the Board of Trustees, which may be amended from time to time by a resolution of the Village Board   Any bill outstanding as of May 1st of each year, including late fees and penalties, shall be levied onto the property tax.

5.      The Property owner shall be notified by mail of any changes to the rate schedule or additional penalties established by the Board of Trustees.

6.      The Board of Trustees may also suspend garbage pick-up for non-payment of pick-up fees.

SECTION 8:  The days and times for garbage collection and recycling shall be established for such purposes by the Board of Trustees of the Village of Otisville, by resolution.  Such days and times for garbage, recycling and bulk trash collection can be amended by the Board of Trustees by Board resolution.

SECTION 9:  The collection of garbage, recyclables and bulk trash by private haulers is prohibited in the Village of Otisville, without obtaining a permit issued by the Village of Otisville.  It is the responsibility of the property owner utilizing the services of a private hauler to insure that the hauler has obtained this permit.  The pick up of construction dumpsters is exempt from this permit requirement.  Permit regulations and fees shall be established by the Village of Otisville Board of Trustees by resolution and may be amended, by the Board of Trustees by resolution, from time to time.

SECTION 10:  VIOLATIONS:

1. A violation of Section 1 of this local law shall be punishable by a fine of not less than $100.00; and each week that such violation occurs or continues, shall constitute a separate violation.

2. Any person violating Sections 4, 5, 6 or 7 of this local law shall be first issued one written warning from the Village of Otisville.  If the violation is not remediated within 48 hours of receiving the warning, or if a subsequent violation occurs, said violation shall be punishable by a fine of not less than $50.00 and not more than $500.00.

3. Any violation of Section 9 of this local law shall be subject to a fine of not less than $500.00 for each occurrence and each day that such violation occurs shall constitute a separate violation.

4. If any violation of this Local Law results in the Village having to take corrective action to remedy the violation, the property owner shall be obligated and is liable for the costs of said remedial action. The cost shall be pursuant to the Village’s established Equipment Rates as well as the manpower costs. If not paid within 30 days of the Village sending written demand for said payment to the property address and to the owner of record the cost of said remedial action shall be added to the Village tax rolls for said property.

SECTION 11:  If any clause, sentence, paragraph or part of this local law shall be judged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which said judgment shall have been rendered.

SECTION 12:  This local law, adopted by the Village of Otisville Board of Trustees on        October 15,2015 shall take effect immediately upon its filing with the Secretary of State.