[Derived from Secs. 26 through 28 of Ch. IV of the Charter
and Ordinances, 1974]
[Amended 3-21-1995, effective 4-3-1995; 9-17-1996, effective 9-18-1996; 5-22-2001, effective 6-4-2001; 6-14-2005, effective 6-24-2005]
A.
No person shall deposit or leave or cause or allow any agents, subordinates,
occupants or employees to deposit or leave in any public street, curbline
or public place any solid waste, unless the same is in proper receptacles,
no earlier than 7:00 p.m. on the evening prior to the day of the regular
collection as provided. All City-issued receptacles shall be removed
from the street, curbline or public place following public collection
and shall not be left in the street, curbline or public place after
8:00 p.m. on the day of regular collection. All garbage receptacles
shall be kept in rear yards, or side yards if stored at least 10 feet
from the front of the house, and may not be stored in the front of
properties, unless authorization is received from the Commissioner
of Public Works and Streets.
[Amended 7-10-2007, effective 7-24-2007]
C.
No person
shall at any time deposit or leave or cause or allow any agents, subordinates,
occupants or employees to deposit or leave in any public street, curbline
or public place any electronic waste of any nature, nor shall any
person place electronic waste of any nature concealed in any manner
of carton, container or receptacle in any public street, curbline
or public place. For purposes of this subsection, electronic waste
shall include, but not be limited to: (1) computers, including desktop,
portable, laptop, and notebook computers, tablets, netbooks and ultra-compact
laptops; (2) hard-copy devices, including printers, fax machines,
scanners, digital copiers, multifunction devices, stand-alone copier
machines, modems, personal computer upgrade components, sound cards,
external storage and external hard drives; (3) keyboards and mice;
(4) computer displays, including cathode ray tube (CRT) monitors and
all flat-panel types; (5) televisions, including CRT portable, table
and console models and VCR/DVD combination products; flat-panel televisions,
including liquid-crystal displays (LCD), plasma televisions, organic
light-emitting diode (OLED) televisions, and flat-panel TV combination
products; projection televisions, including rear projection televisions;
and black and white televisions; and (6) handheld devices, including
portable, handheld wireless telephones, cell phones, personal digital
assistants, smartphones, pagers, but not handheld televisions, portable
MP3 players, iPods, digital cameras and camcorders.
[Added 10-14-2014]
[Amended 9-18-1990, effective 9-27-1990; 7-23-1991,[1] effective 9-3-1991; 10-29-1991, effective 1-1-1991; 3-31-1992, effective 4-13-1992; 10-26-1996, effective 1-8-1996; 9-17-1996, effective 9-18-1996]
A.
The Commissioner shall designate days for the removal of solid waste
from the several streets of the city, and on those days it shall be
lawful for any person to place at the curbline in front of the premises
occupied by him all solid waste collected from the lot owned or occupied
by him in receptacles or plastic bags properly closed with a twist
tie or string. The Commissioner is authorized to adopt rules and regulations
for receptacles to provide for uniform types of receptacles. All owners
shall assure that occupants comply with this requirement.
B.
All refuse offered for collection shall be divided into two classes,
as follows:
C.
Refuse of each of the two classes above specified shall be kept in separate receptacles and not in any case mixed with refuse of any other class. The city, from time to time, may issue to residential and commercial users receptacles for public collection, including ninety-five-gallon and other volume containers, for semi-automated or automated collection methods. The residential or commercial user shall use the receptacle furnished by the City and use it pursuant to this chapter and the regulations of the Commissioner. Commercial users using a duly licensed solid waste collector other than the City shall use receptacles marked in such a way to identify the solid waste collector being utilized. If a residential or commercial user is issued a City receptacle, that user will be allowed to place up to only those receptacle(s) provided, appropriate recycling containers (including containers for vegetative yard waste) and up to two pieces of bulk solid waste or trash for each weekly collection, provided that the user follows the rules and regulations of the Commissioner and this chapter for proper depositing and collection of solid waste. These receptacles can not overflow and must be tightly closed, consistent with § 216-8 of this chapter, with no solid waste placed on top of, next to or around these receptacles. The receptacles furnished by the City shall not be heavier than 46 pounds for thirty-five-gallon receptacles, 85 pounds for sixty-five-gallon receptacles and 125 pounds for ninety-five-gallon receptacles. Construction/demolition debris or fill may not be placed within these receptacles for public collection and disposal. The Commissioner shall promulgate rules and regulations for the use and collection from these receptacles. Receptacles furnished by the City to residential or commercial users are property of the city. No other receptacle in which refuse is offered for public collection other than receptacles permitted by the rules and regulations promulgated by the Commissioner shall be of greater capacity than 35 gallons, nor shall such receptacles, including the contents thereof, be of greater weight than 75 pounds.
[Amended 9-19-2000, effective 9-29-2000; 5-22-2000, effective 6-4-2000; 5-29-2001, effective 6-11-2001]
D.
Solid waste consisting of empty boxes, crates, cartons and other
unwieldy objects shall be broken up and bundled into compact bundles
no longer than four feet, and no heavier than 50 pounds.
[Amended 9-19-2000, effective 9-29-2000]
E.
(Reserved)
F.
The billing for solid waste user fees is subject to service review
by the Commissioner, pursuant to the rules and regulations of the
Commissioner. Pursuant to such rules and regulations, the Commissioner
may waive such interest which may accrue on the disputed amounts of
bills where the amount in dispute is under $50. In the event a user
fee bill is referred to a collection agency, the collection agency's
charges shall be added to the fees with interest due and owing.
G.
The Commissioner shall have the power to enter into separate contracts with persons from whom any additional or extra solid waste is to be collected and from whom charges are to be received as provided by the schedule of charges set out in Chapter 175, Fees. If a residential or commercial user requests additional receptacles issued by the City under Subsection C of this section, adjustments will be made to the fee charged for the increased service rendered to that user.
[Amended 9-19-2000, effective 9-29-2000]
H.
The method of receiving of such payments and the record and audit
thereof shall be as ordered and directed by the City Comptroller.
All moneys received shall be paid into a solid waste enterprise fund.
I.
Solid waste of a combustible nature which shall be delivered by a residential or commercial user, except solid waste collectors, shall, under the direction and control of the Commissioner of Public Works, be received and disposed of at the City disposal plant upon payment by the user delivering the same at the rate as provided in Chapter 175, Fees; and further provided that the Commissioner of Public Works may, before accepting such solid waste, require evidence that the source of such solid waste was generated within the City of Buffalo.
K.
Solid waste originating in the city, if of a proper classification for dumping at a City disposal plant, shall, under the direction and control of the Commissioner of Public Works, be received and disposed of at City disposal plants upon payment to the City by the person delivering the same, if other than a City department or agency, at the rate as provided in Chapter 175, Fees; and further provided that the Commissioner of Public Works may, before accepting such solid waste, require evidence that the source of such solid waste was within the City of Buffalo.
L.
All employees of the Department engaged in collecting solid waste
shall report each and every violation of this section to the Commissioner.
[1]
Editor's Note: This item was passed over the Mayor's veto
9-3-1991.
No person shall buy or receive any solid waste from any person
unauthorized to collect or receive solid waste, and no such person
shall sell or dispose of any solid waste except with the consent and
in the manner prescribed by the Commissioner of Public Works. Any
scavenging, rummaging into or picking discarded articles or material
out of solid waste by persons other than owner or occupant, authorized
City employees or City contractors is hereby prohibited, and if the
person so offending shall be a holder of a junk dealer's license,
such offense shall be sufficient cause for the revocation of that
license in addition to any fine or other penalty for any violation
hereof.
