[HISTORY: Adopted by the Common Council of
the City of Peekskill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-26-1960; amended in its entirety 3-8-2004 by L.L. No. 3-2004 (Ch. 182 of the 1984
Code)]
This chapter shall be known as the "Garbage
Collection and Anti-Litter Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
The residue from coal or other fuel.
A building or property used for business, manufacturing or
other commercial purposes.
Every waste accumulation of animal, vegetable, fruit, similar
organic matter and all other materials to be disposed of not defined
under the definitions of "recyclables" or "trash" set forth herein.
A plastic bag at least 1.5 mils thick, the weight of which
does not exceed the ability of the bag to hold the material in it
without breaking when picked up by the neck.
A one-and-one-half-cubic-yard container, the make and model
of which is compatible with City collection trucks (such as the J&T
Metal Products Co., Inc., Model RL1 1/2 or its equivalent). All
such containers shall be on functioning casters and shall be equipped
with lift bars which measure 77 1/2 inches from end to end.
Any natural person, firm, partnership, association or corporation.
Those goods or materials recovered from the solid waste stream
which are suitable for and capable of reuse in original or changed
form, provided that the same are not hazardous or toxic-type materials
as defined by the New York State Department of Environmental Conservation.
Said recyclables shall include any materials mandated for recycling
by the county, state, federal government or City of Peekskill.
A building or property used for residential purposes and
containing one or more dwelling units.
Household furnishings, clothing and appliances placed out
for disposal, provided that the same are not hazardous or toxic materials
as defined by the New York State Department of Environmental Conservation.
A watertight, nonrusting metal or plastic container of substantial
construction with sloping sidewalls, the volume or capacity of which
does not to exceed 32 gallons and the total full weight of which does
not exceed 70 pounds, equipped with a tight-fitting cover made of
the same material as container with two substantial handles. The City
shall not be responsible for breakage of waste containers.
[Amended 6-14-2004 by L.L. No. 9-2004]
[Amended 6-24-2019 by L.L. No. 3-2019]
The removal and disposal of garbage, trash and
recyclables in the City of Peekskill, New York, shall be under the
jurisdiction of the Department of Public Works, and the Director of
Public Works is hereby empowered to make and publish regulations concerning
the days and time of collection of garbage, combustible rubbish, trash
and recyclables, location and number of containers and any and all
other regulations pertaining to the collection and disposal of these
wastes as he may deem advisable, provided that such regulations are
not contrary to this chapter, and further provided that no regulation
shall become effective until a copy thereof is filed in the office
of the City Clerk.
A.
All waste containers and mechanically emptied containers
shall be maintained in a good condition by the owner thereof and shall
not be permitted to have any ragged or sharp edges or any other defects
liable to hinder collection or harm the person collecting the contents
thereof.
B.
Should any waste container or mechanically emptied
container deteriorate to such an extent that it becomes dangerous
and liable to injure or hinder the person collecting the contents
of said waste container or mechanically emptied container, or should
it leak, it must be replaced with a proper waste container or mechanically
emptied container within one week after receipt of a written notice
from the Department of Public Works of said condition. Said notice
may be placed on the defective waste container or mechanically emptied
container. The City reserves the right to refuse to pick up garbage
in such defective containers or remove the containers.
[Amended 6-24-2019 by L.L. No. 3-2019]
C.
It shall be the duty of each owner and/or tenant of
a residence and each owner and/or tenant of a place of business, factory,
industrial plant or other similar place to provide himself with the
approved waste containers and mechanically emptied containers for
the disposal of garbage, trash and recyclables to hold the waste accumulation
between periods of collection by the Department of Public Works, or
provision shall be made for collection by a private collector.
[Amended 6-24-2019 by L.L. No. 3-2019]
D.
Container areas and enclosures shall be maintained
in a neat and clean condition, free of vermin, bees, insects and other
pests at all times.
E.
Container areas shall be kept free of litter, garbage,
recyclables and garbage drippings that are not inside the waste containers
or mechanically emptied containers.
F.
Container areas and enclosures shall be maintained
free of snow and ice.
G.
Container areas and enclosures shall be accessible
for collection at all times. Garbage containers/dumpsters shall be
kept moveable and freewheeling at all times.
Waste containers and mechanically emptied containers
shall be kept covered at all times with proper, tight-fitting covers
except while garbage is being put into such containers or while the
same are being emptied. It shall be unlawful for anyone other than
authorized collectors to disturb any container or to remove the covers
or any of the contents thereof or cause the contents thereof to be
strewn or scattered on the lawns, sidewalks, streets, alleys, parks,
playgrounds, empty lots or other public or private places in the City.
A.
Where waste containers are being used, all garbage
must be drained and wrapped in plastic bags before placing in the
waste container.
B.
Papers, magazines, cut and flattened paper or cardboard
cartons shall be separated, securely tied or bound in bundles or packages
not exceeding 12 inches in height, width or length or 40 pounds in
weight and kept in a dry condition. These shall be collected on the
scheduled collection days.
C.
Dead shrubbery, limbs or trees, flowers, hedge clippings
and the like may be deposited for collection, provided that the same
are cut into lengths of not greater than four feet and are securely
tied in bundles not more than two feet in diameter. These shall be
collected on trash collection days.
D.
Placing leaves into the gutter or City street is not
permitted except on the dates specified in the City's Annual Fall
and Spring Leaf Collection Program. Leaves must be placed in bags
approved by the City for collection on the scheduled leaf collection
days, unless the Department of Public Works directs otherwise.
[Amended 6-24-2019 by L.L. No. 3-2019]
E.
No garbage, trash, recyclables or other waste shall
be put out on the street in the residential area for collection by
any person before 6:00 p.m. on the night preceding collection nor
after 7:00 a.m. of the day of collection, nor in the Business Area
(zoned C-2) for collection before 6:00 a.m. or after 10:00 a.m. of
the day of collection. All waste containers and mechanically emptied
containers must be removed from the curbside and returned to the appropriate
place of storage by the end of the day of collection.
F.
Garbage, recyclables or trash ready for collection
shall be placed at the curb or in approved collection stations. No
such material generated within a business or residence shall be placed
in receptacles located at City parks or upon City streets or other
public locations maintained by the City.
[Amended 6-24-2019 by L.L. No. 3-2019]
The Director of Public Works shall be responsible
for the operation of City-owned disposal facilities, including but
not limited to the hours of operation, material which may be deposited
therein and method of disposal.
[Amended 6-14-2004 by L.L. No. 9-2004; 1-25-2016 by L.L. No. 1-2016; 2-8-2016; 9-25-2017 by L.L. No.
2-2017; 6-24-2019 by L.L. No. 3-2019]
A.
Limitations on properties served. It shall be the
duty of every person who accumulates garbage, recyclables or trash
to prepare the same for removal by the Department of Public Works
of the City of Peekskill, except where disposition by private collector
is arranged for. Empty cardboard or wooden cartons which have not
been flattened shall not be picked up.
B.
Availability and extent of service.
(1)
Not more than four waste containers or thirty-two-gallon unmarked garbage bags of garbage per pickup shall be collected from any residence, place of business, store, factory, restaurant or similar establishment without a user fee charged therefor. Except for businesses within the boundaries of the City of Peekskill Business Improvement District as provided in § 485-8B(2) below, there shall be one pickup per week pursuant to the schedule of pickups set forth in the annual brochure issued by the Director of Public Works. Persons who own or occupy any premises which is subject to this subsection disposing of a volume of garbage in excess of four waste containers or thirty-two-gallon unmarked garbage bags per pickup who want the City to pick up that garbage shall do so by placing it in securely tied officially marked bags of the City of Peekskill placed next to the waste containers or thirty-two-gallon unmarked garbage bags. Officially marked bags of the City of Peekskill shall be colored and labeled in a manner approved by the Director of Public Works and shall be available at City Hall during regular business hours at a price set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk and at retail stores throughout the City of Peekskill at a price plus a retail markup as set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk. The price of the officially marked bags of the City of Peekskill is intended to cover or offset the cost to the City of Peekskill for each bag plus the cost of administration and distribution of the bags plus a user fee for the pickup and disposal of the garbage disposed of in each bag.
(2)
Not more than four waste containers or thirty-two-gallon unmarked
garbage bags of garbage per pickup shall be collected from any place
of business, store, factory, restaurant or similar establishment within
the boundaries of the City of Peekskill Business Improvement District
without a user fee charged therefor. For businesses within the boundaries
of the City of Peekskill Business Improvement District there shall
be one pickup per weekday, and the Director of Public Works may authorize
and implement a second pickup on Fridays pursuant to the schedule
of pickups set forth in the annual brochure issued by the Director
of Public Works. Persons who own or occupy any premises which is subject
to this subsection disposing of a volume of garbage in excess of that
allowed by this subsection who want the City to pick up that garbage
shall do so by placing it in securely tied officially marked bags
of the City of Peekskill placed next to the waste containers or thirty-two-gallon
unmarked garbage bags. Officially marked bags of the City of Peekskill
shall be colored and labeled in a manner approved by the Director
of Public Works and shall be available at City Hall during regular
business hours at a price set forth in the Consolidated Fee Schedule
maintained in the office of the City Clerk and at retail stores throughout
the City of Peekskill at a price plus a retail markup as set forth
in the Consolidated Fee Schedule maintained in the office of the City
Clerk. The price of the officially marked bags of the City of Peekskill
is intended to cover or offset the cost to the City of Peekskill for
each bag plus the cost of administration and distribution of the bags
plus a user fee for the pickup and disposal of the garbage disposed
of in each bag.
(3)
Owners of multiple-unit residences, as an alternative to using officially
marked bags of the City of Peekskill to dispose of garbage in excess
of four waste containers or thirty-two-gallon unmarked garbage bags
in any one week, may provide one or more mechanically emptied containers
which are compatible with the City collection trucks for mechanical
dump and shall pay the user fees provided for in the Consolidated
Fee Schedule maintained in the office of the City Clerk.
(4)
Owners of businesses, stores, factories, restaurants or other commercial
establishments, as an alternative to using officially marked bags
of the City of Peekskill to dispose of garbage in excess of four waste
containers or thirty-two-gallon unmarked garbage bags in any one week,
may provide one or more mechanically emptied containers which are
compatible with the City collection trucks for mechanical dump and
shall pay the user fees provided for in the Consolidated Fee Schedule
maintained in the office of the City Clerk.
(5)
The owner of any business, store, factory, restaurant or other commercial
establishment who does not have an area for mechanically emptied containers
may apply to the Director of Public Works for permission to dispose
of his or her garbage in up to four waste containers. Should the owner
of any business, store, factory, restaurant or other commercial establishment
require more than four containers per pickup he/she/they shall be
required to purchase the officially marked bags from the City of Peekskill.
(6)
Application shall be made to the Director of Public Works for such
additional collection at a fee established by the Director of Public
Works, subject to the approval of the Common Council and shall be
set forth in the Consolidated Fee Schedule maintained in the office
of the City Clerk.
(7)
Users fees for mechanically emptied containers.
(a)
Mechanically emptied containers shall be picked up by the City
at least one time per week. Mechanically emptied containers may be
picked up more frequently than one time per week upon request and
payment of the required per-pickup user fees. For each mechanically
emptied container picked up and emptied by the City, the owner of
the premises shall pay a user fee established by the Director of Public
Works, subject to the approval of the Common Council and set forth
in the Consolidated Fee Schedule maintained in the office of the City
Clerk.
(b)
Any person using mechanically emptied containers for garbage
shall pay the required pickup fee. Billings and payment shall be made
quarterly on the following schedule for each year:
|
Month of Billing
|
Due Date
|
Months Covered By Payments
|
|---|---|---|
|
December
|
December 31
|
January, February and March of the next ensuing year
|
|
March
|
March 31
|
April, May and June of that year
|
|
June
|
June 30
|
July, August and September of that year
|
|
September
|
September 30
|
October, November and December of that year
|
(c)
In order to use City of Peekskill services for pickup of mechanically emptied containers, the person will be required to sign a collections agreement approved by the Director of Public Works once and pay the quarterly user fees required by this § 485-8B(7) and set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk, so that each premises using City of Peekskill services for mechanically emptied container pickup may be identified by the City's sanitation personnel. Any person providing one or more mechanically emptied container may opt out of City collection and instead have his or her garbage and/or recyclables collected by a private carter. Such private collection shall be made at least once per week. Any such owner choosing to have his or her garbage collected by a private carter who previously had his or her garbage collected by the City shall notify the Director of Public Works in writing that City pickup will not be required for the next quarter and advising which day of the week the private collection will be made.
(8)
The Director of Public Works shall promptly discontinue
service to any person, residence, business, store, factory, restaurant
or other commercial establishment for which the user fees required
by this section are not timely paid.
(9)
The Director of Public Works is hereby authorized
to arrange date and time schedules for the collection of garbage,
recyclables and trash for the various sections of the City.
(10)
Where the property owner or tenant has provided a
mechanically emptied container, the Director of Public Works may authorize
City trucks to enter upon such property with the written permission
of the owners. The location of the container must be approved by the
Director of Public Works.
(11)
The Director of Public Works shall not be required
to remove the commercial wastes from any establishment whose gross
annual business exceeds $150,000.
(12)
The Director of Public Works shall not be required
to remove construction debris, mechanically operated vehicles or machinery
or any parts thereof, including tires.
C.
Responsibility of employees. Each and every agent,
officer or employee of the City engaged in the work of collecting
and removing garbage, recyclables and trash from the premises shall
in no way interfere with, disturb, break, destroy, handle, take or
use any article or substance or trespass upon the property of the
householder except insofar as the requirements of such collections
shall warrant.
A.
Findings, purpose and statutory authority. Loose garbage, trash, rubbish and debris on the streets, sidewalks and other public places in the City of Peekskill is a constant problem requiring the expenditure of substantial resources annually to clean up. It is apparent, both through common daily observation and from statistical data, that hundreds, sometimes over 1,000, trucks hauling garbage, trash, rubbish and debris traverse the streets and roads of the City of Peekskill on route to major disposal and recycling facilities located within the City of Peekskill. Those trucks regularly drop loose garbage, trash, rubbish and debris on the streets, sidewalks and other public places in the City of Peekskill and drip dirty liquids from their loads onto the City streets. It is also apparent that a substantial proportion of those trucks come into the City of Peekskill and traverse the City streets and roads solely to deliver their loads and to dispose of their garbage, trash, rubbish and debris at those disposal and recycling facilities. The location of those facilities within the City of Peekskill attracting both private carters and municipalities to the City of Peekskill to dispose of their solid waste results in an inordinate number of trash trucks traveling through the City and, consequently, an inordinate amount of additional loose garbage, trash, rubbish, debris and dirty liquids on the streets, sidewalks and other public places in the City of Peekskill. The City of Peekskill does not have the financial resources to adequately combat this never-ending problem and to clean up the loose garbage, trash, rubbish, debris and dirty liquid dropped by the trash-hauling trucks. The Common Council for the City of Peekskill finds it to be unjust and unfair for the taxpayers of the City of Peekskill to bear the full burden of the cost to clean up the loose garbage, trash, rubbish, debris and dirty liquid dropped by these trucks which are in the City of Peekskill solely to meet their own garbage disposal needs and for no other purpose. This Common Council finds that it would be just and fair that the trash haulers, including municipalities, who traverse the City of Peekskill streets and roads pay an annual fee in order the pay a portion of the cost of cleaning up of the loose garbage, trash, rubbish, debris and dirty liquids that they drop and leave behind. It is the purpose of this chapter to impose such a fee on all persons, firms, corporations, municipalities or municipal corporations and other entities who deliver and dispose of any garbage, trash, rubbish and debris in the City of Peekskill in order to defray the cost of cleaning up public places which become littered, in large part, by the loose garbage, trash, rubbish, debris and dirty liquid that they drop off of their trucks so that the City of Peekskill will have sufficient financial resources to adequately clean the public places dirtied by them. General City Law § 20(13) authorizes cities "To maintain order, enforce the laws, protect property and preserve and care for the safety, health, comfort and general welfare of the inhabitants of the City and visitors thereto; and for any of said purposes to regulate and license occupations and businesses." For the purpose of maintaining order, protecting property and preserving and caring for the safety, health, comfort and general welfare of the inhabitants of the City of Peekskill and visitors hereto, pursuant to the authority vested in the City of Peekskill by General City Law § 20(13), the City of Peekskill does, by this chapter, impose a permitting requirement on all trash haulers who deliver, deposit or dispose of any garbage, trash, rubbish and debris to any site within the City of Peekskill pursuant to Subsection B hereof in order that the City of Peekskill will have sufficient financial resources to adequately clean the public places dirtied by them.
B.
Permit required. It shall be unlawful for any person,
firm, corporation, municipality, municipal corporation or any other
entity to engage in the business of delivering, depositing or disposing
of any garbage, trash, rubbish, debris, recyclables, ashes and/or
scrap paper at any location within the City of Peekskill, including
any garbage disposal facility, garbage transfer station or recycling
facility, without first obtaining a permit to engage in such business
annually. Every person, firm, corporation, municipality, municipal
corporation or other entity desiring to engage in such business shall
make application to the City Clerk by setting forth the name of such
person, firm, corporation, municipality, municipal corporation or
entity and the residence, if an individual, or the address and place
of business if a firm, corporation, municipality, municipal corporation
or entity, and pay a fee for such permit of $250 for each vehicle
to be used in the conduct of such business. Each such permit so issued
shall expire on the 31st day of December following such date of issue.
Any such person, firm, corporation, municipality, municipal corporation
or other entity must execute a certification that each such vehicle
is constructed and equipped in accordance with the laws, rules and
regulations of the State of New York for such purpose.
A.
It shall be unlawful for any person, firm or corporation
to place or cause to be placed in or upon any public street, sidewalk
or alley of the City of Peekskill any ashes, dirt, rubbish, glass,
garbage, paper, recyclables, box material or any other type of waste
sweepings, litter or trash except as might be provided for in this
chapter.
B.
Any person, firm or corporation engaged in the business
of cutting or trimming trees or shrubs or in the rehabilitation, home
improvements, construction and/or demolition of buildings shall be
responsible for the disposal of such trees, tree and shrub cuttings
and trimmings or discarded building materials at the expense of such
person, firm or corporation. It shall be unlawful for such person,
firm or corporation to deposit the aforesaid at any location within
the City, either privately or publicly owned.
C.
The Director of Public Works or his designee may issue
a summons to any person charging him with a violation of this chapter
or Chapter 825, Westchester County Source Separation Law, as amended,
or any other provisions thereof, which summons shall be returnable
in the City Court of the City of Peekskill. All violations of Chapter
825, Westchester County Source Separation Law, shall be subject to
the fines and penalties as stated in § 825.80, entitled
"Penalties and enforcement," upon conviction thereof.
[Amended 6-24-2019 by L.L. No. 3-2019]
D.
Except as provided in Subsection E hereof, any person violating any of the terms of this chapter shall, upon conviction thereof, be liable to a fine of not less than $50 nor more than $150 for each of the first three violations thereof; not less than $100 nor more than $300 for each of the fourth and fifth violations thereof; and not less than $200 nor more than $600 for each violation thereafter committed within a three-year period, looking back from the date of the violation, regardless of the fines imposed on the prior violations. A separate offense shall be deemed committed on each day during which a violation occurs or continues. A separate fee of not less than $200 nor more than $400 shall be assessed against any violator if the City of Peekskill is required to remove the garbage, trash, rubbish or refuse.
E.
Any person, firm, corporation, municipality, municipal corporation or any other entity who shall violate § 485-9 of this chapter shall, in addition to being required to obtain the mandated permit, be subject to a fine of not less than $250 nor more than $1,000 for each violation thereof, and a separate offense shall be deemed committed on each day during which such violation occurs or continues.
[Amended 6-24-2019 by L.L. No. 3-2019]
A.
Fees for special services and special pickups not
otherwise provide for in this chapter shall apply as shall be set,
from time to time, by the Director of Public Works.
B.
All fees for such special services shall be approved
by the Department of Public Works prior to being prepaid in the office
of the City Clerk, who shall issue a receipt for such payment prior
to the rendering of such services by the Department of Public Works.
[Adopted 8-25-1975 (Ch. 264 of the 1984 Code)]
This chapter shall be known as the "Solid Waste
Disposal Ordinance."
The purpose of this chapter is to provide for
the disposal of all solid waste generated in this municipality in
compliance with federal and state standards for the control of air,
water and ground pollution through participation in the Plan for Solid
Waste Management in Westchester County, New York, dated May 7, 1974,
adopted by the Westchester County Board of Legislators by Resolution
No. 162-1974.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any person duly licensed or authorized to engage
in or who engages in the business of collecting, storing, transporting
and disposing of solid waste as defined herein.
The Plan for Solid Waste Management in Westchester County,
New York, dated May 7, 1974.
Includes all manner of useless or unwanted or discarded solid
or semisolid nontoxic, domestic, commercial, industrial, institutional,
construction and demolition waste materials, except hazardous, toxic,
chemical, human or rendering wastes.
Includes any fixed facility that is established, maintained
and operated, either as its primary function or in support of some
other facility or operation, for the transfer, treatment, disposal
or salvage of solid waste. It includes but is not limited to any facility
that is established for the purpose of transferring, bailing, composting,
incinerating, recycling, separating, salvaging, shredding or landfilling
any solid waste or any combination of functions thereof, including
stationary compactors located at points of collection.
This municipality shall deliver or cause to
be delivered to a solid waste facility or facilities designated by
Westchester County and licensed, operated or approved by Westchester
County, all solid waste collected or caused to be collected within
the boundaries of this municipality, subject to such restrictions
as may be required by the county in conformity with the plan as set
forth in Resolution No. 162-1974 of the County Board of Legislators,
except that bona fide recycling or resource recovery programs or drives
within this municipality and operated or licensed by it may be exempted
from this section with the approval of Westchester County.
In consideration of the assumption by Westchester
County of responsibility for the disposal of all solid waste collected
in this municipality in compliance with federal and state standards
for the control of ground, air and water pollution, this municipality
agrees to refrain from exercising its powers to impose licensing requirements
for collectors of solid waste at such time as Westchester County shall
adopt requirements for the licensing and regulation of said collectors
on a county-wide basis.
Recognizing that the plan offers the most efficient
and least costly method of solid waste disposal in compliance with
federal and state standards for the control of air, ground and water
pollution, this municipality agrees to pay all reasonable fees set
by Westchester County for the disposal of solid waste at the designated
point of transfer to the county facility.
This chapter shall take effect immediately, except that §§ 485-15 and 485-17 shall take effect on the date set by Westchester County for the assumption by Westchester County of total responsibility for the disposal, in accordance with the plan, of all solid waste collected in this municipality, and upon 60 days' prior written notice by the county to this municipality.
