The City Council of the City finds that the
reduction of the amount of solid waste and the conservation of recyclable
materials are important public concerns. The separation and collection
of newspaper, paper, cardboard, glass, cans, plastic containers, vegetative
yard waste and other materials for recycling from the residential,
commercial, industrial and institutional establishments in the City
will protect and enhance the city's physical and visual environment
as well as promote the health, safety and well-being of persons and
property within the City by minimizing the potential adverse effects
of landfilling through reduction of the need for landfills and conservation
of existing landfill capacity, facilitating the implementation and
operation of other forms of solid waste management, conserving natural
resources, ensuring conformances with the New York State Solid Waste
Management Plan and facilitating the implementation of a solid waste
management plan for the City as a whole. The promotion and use of
recyclable materials, goods produced from recyclable materials and
goods which facilitate recycling will further serve the same purpose
by encouraging and facilitating recycling.
As used in this article, the following definitions
shall apply:
CANS
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substances.
CARDBOARD
All corrugated cardboard normally used for packing, mailing,
shipping of containerizing goods, merchandise or other material, but
shall not mean wax-coated or solid cardboard.
COMMISSIONER
The Commissioner of the Department of Public Works.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
GLASS
All clear (flint), green and brown (amber) colored glass
containers.
HAZARDOUS MATERIAL OR HAZARDOUS WASTE
A solid waste or a combination of solid wastes which, because
of its quantity, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed. Such materials or
wastes shall include, but are not limited to, explosives, hazardous
radioactive materials, toxic substances and those substances which
the Commissioner has identified as a hazardous waste pursuant to the
above criteria and has included on a list of hazardous waste promulgated
by the Department of Public Works.
MULTIRESIDENTIAL COMPLEX
Five (5) or more residential units located on a single property
or continuous properties under common ownership, control or management.
For this purpose, "residential" shall mean an enclosed space consisting
of one (1) or more rooms designed for use as a separate residence
and shall include, but is not limited to, an apartment, condominium
unit, town house cooperative unit, mobile home, living unit in a group
home and room or set of rooms in a boardinghouse, but shall not include
rooms within a single family residence, motel or hotel.
NEWSPAPERS
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
PAPER
All high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeograph paper, duplication paper, magazines,
paperback books, school paper, catalogs, junk mail, computer paper,
telephone books and similar cellulosic material, but shall not mean
newspaper, wax paper, plastic or foil-coated paper, styrofoam, wax-coated
food and beverage containers, carbon paper, blueprint paper, food
contaminated paper, soiled paper and cardboard.
PERSON
An individual, firm, partnership, company, corporation, association,
joint venture, cooperative enterprise, trust, municipality or other
governmental agency or any other entity or any group of such persons
which is recognized by law as the subject of rights and duties. In
any provisions of this article prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers, directors, partners,
managers or persons in charge of a company, corporation or other legal
entity having officers, directors, partners, managers or other persons
in charge.
PLASTIC CONTAINERS
Containers composed of high-density polyethylene, polyethylene
terephtalate or other specific plastics as the City may designate.
RECYCLABLE MATERIAL
A material which would otherwise become solid waste which
can be collected, reclaimed, used or processed, treated, reclaimed,
used or reused to produce a new material or product.
RECYCLABLES
Those recyclable materials designated by this article and/or
by determination of the Commissioner to be source separated. The term
includes, but is not limited to, newspaper, glass, paper, cardboard,
cans, plastic containers and vegetative yard waste.
RECYCLING
Any process by which materials which would otherwise become
solid waste are collected, separated and/or processed, treated, reclaimed,
used or reused to produce a raw material or product.
RECYCLING COLLECTION AREA
Any facility designed and operated solely for the receiving
and storing of source-separated designated recyclable materials.
RESIDENT
Any person residing within the City on a temporary or permanent
basis, but excluding persons residing in hotels or motels. For purposes
of this article, "resident" does not include commercial, industrial
or institutional establishments.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, including, but not limited to, nonrecyclable
paper, wrappings, cigarettes, wood, wire, glass, bedding, furniture
and similar materials which are not designated recyclable materials.
SOLID WASTE
All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including garbage, refuse,
litter, rubbish, industrial waste, but not including designated recyclable
materials, solid or dissolved matter in domestic sewage or substances,
materials in noncontainerized gaseous form or hazardous materials
or waste.
SOURCE SEPARATE
To separate recyclable materials from the solid waste stream
at the point of waste generation.
All designated recyclables placed for collection,
or other location, by residents for collection pursuant to the curbside
programs established pursuant to this article shall be prepared for
collection in accordance with regulations promulgated by the Commissioner.
Designated recyclables required to be placed in recycling collection areas pursuant to §
168-21 of this article shall be prepared for collection in accordance with regulations promulgated by the Commissioner.
Nothing in this article shall be construed as
preventing any person from utilizing vegetative yard waste for compost,
mulch or other agricultural, horticultural, silvicultural, gardening
or landscaping purposes.
The Department of Public Works is authorized
to enforce the provisions of this article and to administer the recycling
programs established herein. The Commissioner of said department may
adopt and promulgate, amend and repeal rules and regulations implementing
this article in order to carry out and effectuate the intent and purposes
thereof.
The Department of Public Works may refuse to
collect solid waste from any person who has clearly failed to source
separate recyclables (as designated under an applicable section of
this article) at any solid waste disposal facility owned or operated
by the city.
[Amended 9-5-1996 by Ord. No. 1638]
Any person who engages in unlawful conduct as defined in this article may, upon conviction thereof, in a proceeding before a court of competent jurisdiction, be subject to a penalty as set forth in Chapter
1, General Provisions, Article
III, General Penalty.