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HomeMy WebLinkAbout2021_1_26_Local_Law_No_1 Local Law No. 1 - 2021 This local law shall be known as the “Update of the Solid Waste” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town of Mamaroneck’s Solid Waste law has not been amended since 1997. The Town Board wishes to update the law and to add certain new features such as modernizing the types and sizes of containers to be used by persons disposing of solid waste and changing the collection procedures to curbside collection. Section 2 – Amendment of a current section of the Mamaroneck Code: The definition of PRIVATE DWELLING in section 183-2 of the Code of the Town of Mamaroneck hereby is amended to read as follows: “PRIVATE DWELLING A building containing only one or two dwelling units.” Section 3 – Amendment of a current section of the Mamaroneck Code: The definition of RECYCLABLES in section 183-2 of the Code of the Town of Mamaroneck hereby is amended to read as follows: “RECYCLABLES Such items as may be determined to be such from time to time by the Commission and may include such items as cardboard, paper, newspaper, glass, metals and plastics.” Section 4 – Amendment of a current section of the Mamaroneck Code: Sections 183-3 A., B. and C. of the Code of the Town of Mamaroneck hereby are repealed and the following are substituted in their place: “A. Every person in charge within the Town of Mamaroneck is required to store the solid waste that may accumulate on the premises over which he/she has charge in the type of solid waste container required by this law. All containers shall be stored in the manner required by the Town of Mamaroneck or the Commission. “B. Unless otherwise determined by the Town of Mamaroneck or the Commission, solid waste to be collected from private dwellings shall be placed in watertight, sturdy plastic containers, having tight-fitting plastic covers and a capacity not greater than 64 gallons. The weight of any such container plus its contents cannot exceed 100 pounds. No portion of any such container shall be located below the surrounding grade level. Solid waste shall not be placed out in plastic bags. Material which is too large to be placed in containers shall be bundled and securely tied. Such bundles shall not exceed four feet in length. Any tree branches included in such bundles shall not exceed six inches in diameter. No container or bundle shall exceed 75 pounds in weight. “C. The Commission or the Town of Mamaroneck may require multifamily dwellings, multiple-purpose buildings or nonresidential buildings to use watertight, sturdy plastic containers, having tight-fitting plastic covers and a capacity not greater than 96 gallons, or specific metal containers, such as dumpsters. Such containers shall be located in enclosures which shall screen them from view. Such enclosures: (1) Shall be constructed of stockade fence material with hinged gates and with latches to hold the gates closed; (2) May be constructed of other material with the approval of the Town of Mamaroneck Board of Architectural Review; and (3) Shall have a height of the greater of five feet or 12 inches higher than the containers which they enclose.” Section 5 – Repeal of a current section of the Mamaroneck Code: Sections 183-3 F. of the Code of the Town of Mamaroneck hereby is repealed. Section 6 – Amendment of a current section of the Mamaroneck Code: Section 183-4 (B) (1), (3) and (4) of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: “(1) Solid waste to be collected from private dwellings shall be placed immediately adjacent to the curb in front of the dwelling. It shall be placed to the house side of the curb, not in the street. If there is no curb, it shall be placed on the edge of the property adjacent to the paved area of the street, but not in the street. Solid waste shall be set out for collection no earlier than dusk of the day before a scheduled collection day and no later than 6:30 am (prevailing time) on a scheduled collection day.” “(3) Other material collected by the Commission or the Town of Mamaroneck shall be placed on the curb (or if no curb, on the edge of the property adjacent to the paved area of the street or roadway, but not in the street or roadway) readily accessible to the collection vehicle. Such material shall be set out for collection no earlier than dusk of the day before a scheduled collection day and no later than 6:30 am (prevailing time) on a scheduled collection day. If 2 collection vehicles are required to enter private property for collection of material, such entry will be at the sole risk of the property owner.” “(4) Recyclables shall be placed in containers purchased from the Commission or in other containers approved by the Commission. The containers shall be placed to the building side of the curb, not in the street. If there is no curb, they shall be placed on the edge of the property adjacent to the paved area of the street, but not in the street. Recyclables shall be set out for collection no earlier than dusk of the day before a scheduled collection day and no later than 6:30 am (prevailing time) on a scheduled collection day.” Section 7 – Repeal of a current section of the Mamaroneck Code: Sections 183-4 B. (6) of the Code of the Town of Mamaroneck hereby is repealed. Section 8 – Amendment of a current section of the Mamaroneck Code: Section 183-11 A. (1) of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in their place: “(1) The equivalent of no more than three sixty-four-gallon containers of solid waste shall be collected from each private dwelling each collection day.” Section 9 – Amendment of a current section of the Mamaroneck Section 183-13 of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in their place: If a person in charge of a private dwelling satisfies the criteria for exemptions from the requirements of Section 183-4 (B) (1), (3) or (4) of this chapter, as set forth from time to time by the Commissioners of the Larchmont-Mamaroneck Joint Garbage Disposal Commission, the Superintendent shall grant such exemption upon such terms and conditions as may be considered just. Any such exemption must be renewed every two (2) years. Section 10 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. 3 Section 11 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. 4