[HISTORY: Adopted by the City Council of
the City of Watertown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-2-1990[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Placing or Dumping of Rubbish, adopted as Secs. 59-2,
59-3 and 59-4 of Ch. 59 of the 1949 Code, as amended.
No person shall place or deposit or, as owner, agent or tenant, allow or permit to remain in or upon any land or the surface of the same any rubbish, as defined in §§ 248-1 and 161-1.1, which tends to or does create a nuisance or which tends to or does serve as a breeding place for flies or mosquitoes or as a source of food for rats or which tends to or does increase the fire hazard of neighboring property. Rubbish may be contained in suitable watertight containers for proper disposal pursuant to § 161-1.1.
A.
No person shall place or deposit or, as owner, agent
or tenant, allow or permit to remain in or upon private property or
any property of the City of Watertown, particularly the margin between
the sidewalk and the street, any rubbish, as set forth herein, except
on the day of regularly scheduled trash pickup for that property in
suitable watertight containers.
B.
"Rubbish" shall mean any refuse, filth, dirt, waste
matter, sweepings, garbage, putrescible matter, decomposable or organic
matter, carcass, sewage, excrement, swill, slops, malodorous or obnoxious
liquids or substances, compost, ashes, soot, tin cans, leaves, brush,
weeds, grass, straw, hay, excelsior, shavings, barrels, crates, boxes,
litter, easily combustible matter, used furniture or appliances or
other substance or material offensive or dangerous to the public or
detrimental to its health.
If the provisions of the foregoing sections are violated, the Health Officer may proceed under the provisions of § 172-4 to remove such rubbish. The City Council may designate representatives of various City departments to assist the Health Officer in citing and correcting the aforementioned nuisances.
[Amended 3-3-2003]
Violators of §§ 161-1 and 161-1.1 shall be subject to a written citation to correct such conditions within 48 hours or be required to appear in Watertown City Court to answer the citation following the expiration of the forty-eight-hour period. If the condition is corrected within the forty-eight-hour grace period, then the person cited shall be deemed to have complied with requirements of this section and shall not be required to appear in court.
[Amended 3-18-2002 by L.L. No. 5-2002]
No person shall place or deposit any rubbish
upon any property of another.
[Amended 4-2-2007 by L.L. No. 4-2007]
Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine of not less than $50 nor more than $250 for a first offense; not less than $100 nor more than $250 for a second offense; and not less than $200 nor more than $250 for a third, or more, offenses, all within the same calendar year. Each day of a continued violation is a separate and distinct offense. In addition to the aforementioned fines, the City of Watertown shall be entitled to seek reimbursement for any costs it may incur in the removal of such rubbish, pursuant to § 161-2 of this chapter and § 172-4 of the Code of the City of Watertown, and such reimbursement may be ordered by the Court in the assessment of fines, penalties and restitution of costs incurred by the City of Watertown.
[Adopted 1-15-1968]
As used in this article, the following terms
shall have the meanings indicated:
Animal and vegetable waste resulting from the handling, preparation,
cooking and serving of food, exclusive of liquid.
Newspapers, magazines, junk mail, office and school paper,
plastic bottles with the "1," "2," "3" or "5" designation, metal cans,
clear, green and brown glass bottles and jars.
[Added 3-18-2002 by L.L. No. 5-2002]
Garbage and ordinary household rubbish such
as nonrecyclable cans, bottles, paper, rags, cartons, and similar
household articles which accumulate daily.
[Amended 3-18-2002 by L.L. No. 5-2002]
Shall not include demolition materials, large
quantities of lumber, construction, building and roofing materials,
stones, bricks, dirt, used automobile chassis, tree limbs in excess
of four inches in diameter and four feet in length and unbundled brush
in excess of one inch in diameter and four feet in length.
[Amended 12-1-1986 by L.L. No. 1-1986]
A.
The City shall provide, with City forces, a refuse
collection service to all residents of the City, excluding motels,
hotels, churches and nonprofit fraternal associations. The City collection
service shall not be provided to schools, restaurants, commercial
properties, industries, clubs, hospitals, stores or similar institutions.
The requirements of all other sections of this article on preparation
and storage of refuse apply to churches and nonprofit fraternal associations
as well as to residences.
C.
Mandatory refuse recycling. Commencing on November
4, 1991, mandatory refuse recycling will be implemented for all City
of Watertown residents provided with City refuse collection services.
The Superintendent of Public Works is authorized to promulgate and
enforce such rules and regulations as to ensure compliance with New
York State and/or County of Jefferson recycling requirements or such
other mandates as imposed by the City Council.
[Added 10-7-1991]
[1]
Editor's Note: Former §§ 161-7,
Preparation of garbage and refuse, and 161-8, Containers, were repealed
3-18-2002 by L.L. No. 5-2002.
The containers for refuse collection shall be
kept in a suitable, regular yard location or interior location on
private property by the occupant of the residence in a manner which
does not constitute an annoyance or nuisance to the public. If in
a yard location, the containers shall be kept at ground level at the
rear building line of the house or residence. The refuse containers
shall be placed at the curbside in front of the residence on the appropriate
day for the collection of refuse for that section of the City in which
the residence is located. It shall be the responsibility of the occupant
of the residence to place the refuse containers at the curbside for
collection and to remove said refuse containers from the curbside
after collection is completed. After completion of the collection
process, the refuse containers shall be returned to the aforementioned
rear building line of the house or residence or to the interior location.
Those elderly and/or physically disadvantaged who are unable to carry
their refuse to the curb may have it removed from them by City crews,
and such inability shall be attested to by medical personnel.
[1]
Editor's Note: This ordinance shall become
effective September 3, 1991.
The schedule for City refuse collection shall
be as established by annual budget appropriation. There shall be no
City refuse collection service on New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
The City Manager is hereby empowered to make
and put into effect rules and regulations for providing the City refuse
collection service.
[Amended 2-23-1981; 5-26-1981; 6-20-1983; 12-1-1986 by L.L. No. 1-1986; 10-21-1991 by L.L. No. 6-1991; 3-18-2002 by L.L. No. 5-2002]
No person or entity other than the City shall
collect or transport refuse from one-family, two-family, or three-family
dwellings in the City without having first obtained a license for
the same issued on a form prescribed by the City Clerk. Such license
shall be issued annually, on or before April 15th of each calendar
year, and shall only be issued upon application to the City Clerk,
which application shall include the following information:
A.
The name, address, and telephone number of the person
or the entity conducting the collection or transportation activity;
B.
If the entity is a corporation, partnership, limited-liability
company, or other legal entity, the name, address, and telephone number
of the person to whom legal notice may be sent;
C.
A certification by the person or entity seeking the
license that it will provide the collection of refuse from each of
its City customers at least once per week;
D.
A certification by the person or entity seeking the
license that it will provide the collection of recyclables from each
of its City customers at least once every two weeks;
E.
A certification by the person or entity seeking the
license that it will comply with all state, county and City laws and
regulations, including this article, pertaining to the collection,
transportation and disposition of refuse and recyclables;
F.
A certification that each vehicle used to transport
refuse or recyclables has been inspected and registered as required
by this chapter;
G.
Proof of payment of the vehicle inspection and registration
fees as prescribed in this chapter; and
H.
Each application for a permit, if required, shall
be accompanied by a check, or other form of payment acceptable to
the City of Watertown, in the amount established at least annually
by the Watertown City Council through a budget resolution that adopts
a City Fees and Charges Schedule. Said schedule shall be available
to the public at the office of the Watertown City Clerk.
[Amended 6-1-2009 by L.L. No. 2-2009; 8-15-2016 by L.L. No. 2-2016]
[Added 3-18-2002 by L.L. No. 5-2002[1]]
A.
Each vehicle used to transport refuse collected by
a person or entity providing a refuse collection service for one-family,
two-family and three-family dwellings in the City shall be rigid body
and closed, and watertight, meaning that the vehicle's box is capable
of holding two inches of water in the bottom of the box without leaking
or spillage.
B.
Each vehicle used to transport recyclables must be
rigid body and closed, or have all sides enclosed and covered with
a tarp, such that it will not permit material to escape or to be discharged
while traveling the City roadways.
C.
Each refuse and/or recycling vehicle shall be equipped
with a shovel, broom, and a minimum fire extinguisher capacity of
20A, 40BC. Each such vehicle shall display the name of the licensee,
with telephone number, and the licensee's permit number on each side
of the vehicle or its box in letters of at least four inches in height.
[1]
Editor's Note: This local law also repealed
former § 161-13, Identification tags on private vehicles.
[Added 3-18-2002 by L.L. No. 5-2002[1]]
A.
Each vehicle used to collect or transport refuse or recyclables in the City, other than City vehicles, must be registered with the City Clerk before it may be used in connection with the license issued under § 161-12. Registration of vehicles is limited to the City's insurance that each vehicle complies with the equipment requirements contained at § 161-13.
B.
Each vehicle proposed for registration must be inspected
by the Code Enforcement Officer or his designee, in writing, for that
purpose. Inspections shall be conducted at such times and places as
the licensee and the City representative shall agree, and shall be
valid for a period of one year.
C.
If a vehicle meets the City's requirements upon inspection,
the City Clerk shall, upon payment of the appropriate fee, issue a
certificate of vehicle registration on a form prescribed by the City
Clerk, which form must be prominently displayed in the cab of the
vehicle.
[1]
Editor's Note: This local law also renumbered
former §§ 161-14 through 161-16 as 161-20 through 161-22,
respectively.
[Added 3-18-2002 by L.L. No. 5-2002; amended 8-15-2016 by L.L. No. 2-2016]
The annual fee for licensing under § 161-12, together with the fee to be collected for registration/inspection for each vehicle proposed to be utilized, prior to each annual inspection, shall be as established at least annually by the Watertown City Council through a budget resolution that adopts a City Fees and Charges Schedule. Said schedule shall be available to the public at the office of the Watertown City Clerk.
[Added 3-18-2002 by L.L. No. 5-2002]
Any person or entity other than the City collecting
refuse from one-family, two-family, or three-family dwellings in the
City shall provide each of its customers with refuse collection service
at least once per week. Such person or entity must also provide those
same customers with recyclables collection, which service must be
provided at least once every two weeks.
[Added 3-18-2002 by L.L. No. 5-2002]
Any person or entity obligated to provide the services required by § 161-16 and which fails to provide that service shall be subject to the revocation of its license and/or vehicle registration by the City's Superintendent of Public Works after a hearing held by him on at least 10 calendar days' notice commenced by mailing by certified mail, return receipt requested, of a notice for the hearing, to the address provided in accordance with § 161-12A or B of this chapter.
[Added 3-18-2002 by L.L. No. 5-2002]
Any person or entity which operates a vehicle in the City for the collection or transportation of refuse or recyclables without complying with the licensing requirements of § 161-12 or the vehicle registration and inspection requirements of § 161-14 shall, upon conviction, be subject to a fine of not less than $150 nor more than $250. Each day of continued violation is a separate and distinct offense.
[Added 3-18-2002 by L.L. No. 5-2002]
In addition to any of the penalties called for under §§ 161-17 and 161-18 of this Code, the City may commence an action to compel compliance with this chapter or to enjoin the collection of refuse or recyclables by any person or entity which has failed to obtain or maintain the licenses or inspections or registrations required by this chapter.
[Added 8-3-1976; amended 8-31-1976]
No refuse vehicle or refuse container shall
be parked or placed within 15 feet of a party line without the written
consent of the adjoining owner, if the owner occupies any part of
the adjoining property. If the adjoining property is rented or leased,
then written consent must be obtained from the owner or lessee. All
written consents must be filed by the owner of the adjoining property
with the Health Officer.
[Added 1-21-1980]
A.
The owner, tenant, manager or occupant of any building,
structure, store, commercial or industrial establishment, land or
location where City refuse collection is not provided shall provide
and maintain, in good order and repair, garbage, trash or refuse receptacles
of sufficient number to contain the garbage, trash or refuse that
will accumulate on the premises, and each said owner, tenant, manager
or occupant shall be responsible for maintaining supervision over
the garbage, trash or refuse receptacles serving such premises.
B.
Unauthorized use of receptacles. It shall be unlawful
for any person to place or permit another to place any garbage, trash
or refuse in any garbage, trash or refuse receptacles unless the garbage,
trash or refuse is from the premises served by the receptacles.
C.
Receptacles shall consist of metal or plastic garbage
cans and dumpsters.
D.
Doors, covers and lids on garbage, trash or refuse
receptacles, including dumpsters, shall be kept closed, except when
garbage, trash and refuse is being loaded into receptacles, and said
doors, covers and lids shall fit tightly on the receptacles, including
dumpsters.[1]
E.
All dumpsters shall be sprayed with a sanitizing solution
immediately after emptying. This would be accomplished by the property
owner or refuse collector.
[Added 12-1-1986 by L.L. No. 1-1986]
[Added 12-1-1986 by L.L. No. 1-1986; amended 4-2-2007 by L.L. No. 4-2007]
Any person, firm or corporation violating any
provision of this article shall, upon conviction, be subject to a
fine of not less than $50 nor more than $250 for a first offense;
not less than $100 nor more than $250 for a second offense; and not
less than $200 nor more than $250 for a third, or more, offenses,
all within the same calendar year. Each day of a continued violation
is a separate and distinct offense.
[Added 4-20-1992]
A.
CITY DISPOSAL STICKER
CITY USER
DISPOSAL BAG
MULTIPLE DWELLING
OWNERS OF MULTIPLE DWELLINGS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 7-6-1999]
A sticker available from the City or its agents which shall
bear an identification mark established by the City.
A person who is a legal resident of the City of Watertown
and who purchases City disposal stickers and uses them in accordance
with this section.
Any plastic bag of less than 33 gallons which bears a City
disposal sticker. This shall be the only means by which City residents
can dispose of their garbage and rubbish by City haulers.
Such premises as are rented or leased, which are occupied
as the residence or home of three or more families, living independently
of each other, as further defined by the Multiple Dwelling Law of
the State of New York, pursuant to § 4 of that law.
Such individuals, corporations or other legal entities who
or which own residential properties which are defined as multiple
dwellings, pursuant to § 4 of the Multiple Dwelling Law
of the State of New York.
B.
Established rates. The City will purchase stickers
meeting specifications set by the City Council. The price of the sticker
to the City users shall be as established at least annually by the
Watertown City Council through a budget resolution that adopts a City
Fees and Charges Schedule. Said schedule shall be available to the
public at the office of the Watertown City Clerk.
[1]
Editor's Note: This ordinance was superseded
by a second ordinance, also adopted 7-6-1999, which went into effect
9-1-1999.
[2]
Editor's Note: This ordinance also provided
that the Department of Public Works will continue to collect the former
City disposal bags (blue) and that it shall go into effect 9-1-1999.
[3]
Editor's Note: This ordinance provided an effective date of
7-1-2012.
C.
Preparation and collection of garbage and rubbish.
[Amended 7-6-1999]
(1)
City residents utilizing the municipal garbage and
rubbish pickup services shall be required to dispose of all garbage
and rubbish in the disposal bag which must bear a City disposal sticker.
(2)
In the event that a City resident decides to utilize
a private garbage and rubbish pickup service, the resident is subject
to the below-stated City enforcement collection fees in the event
that the private pickup fails to remove the resident's garbage or
rubbish and such garbage and rubbish is nonbagged as required by this
section.
(3)
Disposal bags cannot exceed 33 gallons. In no instance
shall the bags be packed so as to contain more than their intended
weight. Collectible material must be properly sealed and presented
and set at curbside no sooner than 7:00 p.m. on the day before scheduled
collection and not later than 7:00 a.m. the day of scheduled collection.
All nonbagged garbage and rubbish will be left and will be subject
to prosecution as litter and also subject to a special collection
fee as established by the City Council of the City of Watertown at
least annually through a budget resolution that adopts a City Fees
and Charges Schedule in the amounts available. Such schedule shall
be available to the public at the office of the Watertown City Clerk.
[Amended 8-15-2016 by L.L. No. 2-2016; 9-19-2016]
D.
Requirements for multiple dwellings. All of the requirements
of the Multiple Dwelling Law of the State of New York, with respect
to the removal of garbage, rubbish, refuse and other waste matter
in a multiple dwelling, apartment or such premises, shall be incorporated
into this section by reference. Each owner of a multiple dwelling
within the City of Watertown is deemed to have constructive notice
of the Multiple Dwelling Law of the State of New York incorporated
herein. Pursuant to the requirements of the Multiple Dwelling Law
of the State of New York, it shall be the responsibility of the owner
of said multiple dwelling to provide for the removal of rubbish, garbage,
refuse and other waste from said multiple dwelling in compliance with
the applicable laws of the City of Watertown and specifically with
respect to compliance with the City's disposal bag requirement, pursuant
to this section.
E.
Penalties for offenses.
(1)
Owners of property other than multiple dwellings.
(b)
Further, in addition to the civil penalty, violators
will be liable for the actual costs incurred by the Department of
Public Works of the City of Watertown due to any costs incurred by
said Department for the removal of such litter.
(c)
A third offense shall constitute the basis for
a separate court action in Watertown City Court as a violation of
the litter laws of the City of Watertown and shall, in addition to
the aforementioned monetary penalties, subject the offender to a possible
jail sentence of up to 15 days in the county jail.
(2)
Owners of multiple dwellings.
(a)
Owners of multiple dwellings, pursuant to the
applicable sections of the Multiple Dwelling Law of the State of New
York, shall be subject to the following fine structure:
(b)
In addition, a civil penalty in the amount of
$250 shall be levied against the tax bill of the property in question,
if the violation has not been corrected within five days of the service
of notice.
(c)
Further, the actual costs incurred for the removal
of the garbage or refuse constituting a nuisance shall additionally
be imposed against the tax bill for said property.
(d)
A third or subsequent offense shall additionally
be prosecuted pursuant to the litter laws of the City of Watertown
in Watertown City Court and shall potentially subject an offender,
in addition to the aforementioned fines and civil penalties, to a
jail term not to exceed 15 days in the county jail.
