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City of Hornell, NY
Steuben County
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Table of Contents
Table of Contents
Code
New Laws (0) Index
[Adopted as Art. II of Ch. 13 of the 1970 Municipal Code; amended in its entirety 12-28-1992 by L.L. No. 4-1992]
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ASHES
The residue from fires used for cooking and heating and on-site incineration.
BRUSH
Cuttings from lawns, hedges and trees which are less than four (4) inches in diameter.
CITY
The City of Hornell, New York.
CONSTRUCTION DEBRIS
Discarded building material, concrete, stones, earth from excavations or grading and all other refuse resulting from the erection, repair, demolition or other improvement of property.
DUMPSTER
A bulk storage container for garbage and other waste materials that can be hauled directly to the point of disposal or emptied into a large compactor-type truck or other conveyance for disposal.
GARBAGE
Wastes from the preparation, cooking or serving of food, market wastes and wastes from the handling, storage and sale of produce.
LARGE HOUSEHOLD FURNISHINGS
All large and/or bulky articles except major appliances, actually used in the home and which equip it for living, such as chairs, sofas, tables, beds, carpets, etc.
MAJOR APPLIANCES
Large and/or bulky household mechanisms (as refrigerators, washers, dryers, stoves, microwave ovens, etc.) ordinarily operated by gas or electric current.
NONRECYCLABLE RUBBISH
Nonclear plastic containers, rags, sweepings, excelsior, rubber, leather, crockery, shells, clothing, straw, filth, ashes, wastepaper and similar waste material.
RECYCLABLE RUBBISH
Metal and aluminum food containers and cans with one (1) end removed, both ends if possible; clear glass containers; nonglossy newspaper; cardboard; clear plastic containers; and computer paper.
REFUSE
Putrescible and nonputrescible solid waste consisting of organic or nonorganic materials but shall not include human or animal body waste.
RUBBISH
(1) 
COMBUSTIBLEPaper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and bedding dunnage and all other materials subject to burning.
(2) 
NONCOMBUSTIBLEMetal, tin cans, metal furniture, glass, crockery and minerals.
STANDING or PARKING
As defined in § 1200(b) and (c) of the Vehicle and Traffic Law of the State of New York.
TREE PARTS
Cuttings from shrubs, hedges and trees which are more than four (4) inches in diameter.
WASTE MATERIALS
Includes all categories of materials to be disposed of, excluding garbage.
B. 
Word usage.
(1) 
Exclusion of brush and tree parts. The terms "garbage," "recyclable rubbish," "nonrecyclable rubbish," "construction debris" and "major appliance" shall not be construed to include brush or tree parts.
(2) 
Vehicle tires and tire casings. Under no circumstances shall the terms "garbage," "recyclable rubbish," "construction debris" or "major appliance" be deemed or construed to include vehicular tires or tire casings. Vehicle tires and tire casings will not be picked up or removed by the City of Hornell or its agents.
A. 
No person shall dispose of garbage or recyclable or nonrecyclable rubbish, brush, construction debris, major appliances, household furnishings or tree parts except as follows:
(1) 
Cans or containers. Each person shall provide separate galvanized iron cans or other suitable sanitary containers for garbage and nonrecyclable rubbish only. All cans or containers shall be placed at the curb for collection on the days and at the times designated by the Superintendent of Public Works.
(2) 
Recyclables.
(a) 
Recyclable rubbish shall be disposed of in the following manner:
[1] 
Clear glass shall be placed in a separate container suitable for holding such items. All clear glass items shall have all metal objects removed and shall not contain any foreign material.
[2] 
Clear plastic shall be placed in a separate container suitable for holding such items and shall not contain any foreign material.
[3] 
Newspaper and computer paper shall be stacked and tied in bundles no more than twelve (12) inches in height.
[4] 
Tin and aluminum cans shall be placed in a separate container suitable for holding such items. All tin and aluminum cans shall have at least one (1) end removed and, if possible, shall have all labels removed and shall not contain any foreign material.
[5] 
Cardboard shall be flattened and stacked in a neat pile.
(b) 
It shall be unlawful and a violation of this section to dispose of any recyclable material in any manner except as provided for in this section.
(3) 
Construction debris. No person shall place or store construction debris with garbage, nonrecyclable rubbish or recyclable rubbish. The person creating construction debris shall remove and dispose of the same in a sanitary manner.
(4) 
Major appliances and large household furnishings. It shall be the duty of the owner of such items to remove and dispose of the same in a sanitary manner.
(5) 
Brush. All brush shall be disposed of by depositing the same in a manner and at a location and time to be determined by the Superintendent of Public Works.
(6) 
Tree parts. All tree parts shall be removed by the contractor or by the owner or occupant of such premises. Such tree parts shall not be placed at or near the curb or street right-of-way, except temporarily as may be necessary in the course of the work producing such items.
B. 
The Superintendent of Public Works, a code officer, a police officer or such other person as may be designated by the Board of Public Works or the Board of Public Health is hereby authorized and directed to enforce this chapter and cause collections to be made accordingly.
No person shall throw or deposit or cause to be thrown or deposited any garbage, nonrecyclable rubbish, recyclable rubbish, construction debris, major appliances, large household furnishings, brush and tree parts upon any property within the City of Hornell when said items have not been generated within the City of Hornell, except under the direct authorization and supervision of the Superintendent of Public Works.
No person, firm or corporation, except the City, shall engage in the business of removing, collecting, transporting or disposing of refuse without a permit issued by the City. Each such permit, unless otherwise stated therein, shall expire on December 31 following the date of issuance. The fee for such permit shall be as provided in Chapter 142, Fees.
A. 
Each vehicle used in the business of the collection and transportation of refuse shall be approved by the Board of Health of the City or its duly delegated representatives as to type and construction.
B. 
Each vehicle used in the business of collection and transportation of putrescible refuse shall be totally enclosed welded steel and be watertight and be constructed, maintained and operated so that, once putrescible refuse has been loaded, none of it may be reworked, sorted, handled, discharged or removed from the body except by dumping the load. Collection of nonputrescible refuse can be transported in a truck if the load is suitably covered so as to prevent the loss of any part of said load, if such cover is required.
C. 
All vehicles and implements used herein shall be kept and maintained in a sanitary and inoffensive condition so as not to create a public health nuisance. The Board of Health or its duly delegated representatives shall have the right to inspect any vehicles used herein at any time.
D. 
All conveyances used in the collection and conveyance of refuse in the City shall have thereon the name of the owner or owners and the number of the permit.
E. 
No vehicles used by refuse collectors may be parked or allowed to stand within the limits of the City except as permitted in § 1200(b) and (c) of the Vehicle and Traffic Law of the State of New York or as permitted in an emergency situation by the Board of Public Health or its duly delegated representatives.
Refuse shall be disposed of in a site approved by the Hornell Board of Health that is in compliance with the New York State Sanitary Code.
A. 
The days and hours of collection of refuse by licensed collectors shall be Monday through Saturday between the hours of 7:00 a.m. and 5:00 p.m.
B. 
Licensed collectors are further permitted herein to make collection of refuse from hospitals, nursing homes and restaurants on Sundays between the hours of 7:00 a.m. and 5:00 p.m. if such collections are requested.
C. 
Placement of garbage for pickup.
[Added 10-28-2002]
(1) 
Refuse and garbage shall not be placed at the curb for pickup prior to 7:00 p.m. on the evening preceding the pickup day. Garbage receptacles shall be removed from the curb and placed in an acceptable storage area, not in view from the street, before 7:00 p.m. the day of collection.
[Amended 10-22-2007]
(2) 
The penalty for this offense shall be fixed at $50 per occasion.
Any person may transport in his own vehicles refuse from his own business operation or personal home and not the refuse of another person, but he must use either a totally enclosed vehicle body or an open-body vehicle which must be suitably covered so as to prevent the loss of any part of such load, if such cover is required.
A. 
The owner, tenant, occupant or lessee of any building within the limits of the City shall provide or cause to be provided acceptable plastic or metal receptacles with fitted covers for the reception of garbage. Said receptacles shall be used for no other purpose and shall be kept on the premises for which they are provided but not in view from the street. Said receptacle shall be kept in a sanitary condition. All household garbage and refuse shall be placed in said receptacles for collection.
[Amended 10-22-2007]
B. 
No person shall carry or convey any empty garbage cans upon or through any street, alley, lane, driveway or other public place in the City except if the same shall have first been thoroughly cleaned and disinfected after the garbage has been removed therefrom.
A. 
All garbage disposed of within the limits of the City shall be disposed of in such manner as not to create a nuisance and in such manner as shall be approved by the Board of Health.
B. 
No person shall throw or deposit or cause to be thrown or deposited any garbage, as defined in this chapter, upon any street, alley, lane, gutter or any public grounds in the City or into any stream running through or adjacent to said City or other premises in said City.
A. 
Collection. The property owner, lessee or user of the container shall make provisions to have the collection from the dumpster on such a schedule so that the garbage and other waste materials do not accumulate so as to overflow the confines of the container or restrict the closing of the container cover.
B. 
Location, use and conditional requirements.
(1) 
No dumpster shall be located in or on a public right-of-way so as to interfere with the flow of traffic.
(2) 
Garbage and other waste materials must be completely contained within the dumpster. No accumulation of garbage or waste materials will be permitted outside the confines of the dumpster, nor will it be permitted to accumulate garbage or other waste materials so that the dumpster cover cannot firmly close.
(3) 
All dumpsters shall be kept in good repair, be structurally sound, be leakproof and be easily opened and closed. Dumpsters shall be painted as required to prevent the show of rust and deterioration and be so constructed as to stand firmly upright. All dumpsters shall be required to have a cover which is capable of completely closing and securing the contents contained within the dumpster. All dumpsters shall be kept clean and sanitary at all times.
(4) 
All dumpsters shall have the name of the company or individual owning such dumpster clearly printed on either the front or back of such dumpster.
(5) 
The use of the dumpster shall be limited to the property owner, lessee or authorized user of the container. Unauthorized use of a dumpster by someone other than herein described shall be considered a trespass and subject the unauthorized user to the penalties contained within § 160-12 of this chapter.
C. 
Requests for relief. Relief from any of the provisions of this section alleged to be a hardship may be obtained by submitting, in writing, to the City of Hornell Board of Health a statement detailing the hardship and relief requested. The Board of Health shall review the submission and confer with the City fire officials and thereafter render a decision thereon within thirty (30) days. In the event that said hardship involves site location of a dumpster, a site plan of the property shall be submitted, showing the proposed site location of the dumpster, the distance from the property line or right-of-way and whatever pertinent information the petitioner may feel will be relevant to his presentation.
Any violation of the provisions of this chapter shall be punishable as provided in § 1-1 of this Code.