[Adopted 12-18-1991 by L.L. No. 9-1991; amended 7-7-1994 by L.L. No.
2-1994; 5-16-1995 by L.L. No. 1-1995 (Ch. 7 1/2, Art.
I, of the 1969 Code of Ordinances)]
For the purposes of this article, the following terms shall
have the meanings stated in this section:
ALUMINUM
Pure aluminum in any form, including but not limited to cans.
BOARD
The Board of Public Works.
BRUSH
Tree branches not exceeding six inches in diameter, twigs,
and shrub and ledge and lawn clippings and leaves, excluding root
systems.
BULK ITEMS
Large items and materials, including furniture, aluminum
yard furniture, house furnishings and large appliances such as refrigerators,
stoves, washing machines, clothes dryers, mattresses and tires.
CHEMICAL WASTE
Chemical waste generated by any industrial process or operation,
paint, paint thinner, household toxics, i.e., weed killers.
CITY
The City of Cortland or its designated representatives as
authorized by the Mayor of the Common Council.
COLLECTIBLE YARD WASTES
Grass, leaves, twigs, and waste plants from vegetable and
flower gardens, lawns and yards (no stones).
CORRUGATED CARDBOARD
Cardboard shipping containers (clean, dry, free from tape
and staples and wax).
DEPARTMENT
The Department of Public Works, or its designated agent.
ENFORCEMENT OFFICERS
Police, fire, code enforcement and Department of Public Works
officers, or any other designated agency or employee.
HAZARDOUS WASTE
That waste as defined by § 27-0901 of the Environmental
Conservation Law, as amended.
[Amended 4-2-2002 by L.L. No. 1-2002]
NEWSPAPERS
Newsprints (clean and dry). It does not include glossy inserts,
magazines, catalogs or similar materials.
PERSON
One or more individuals; any partnership, corporation, firm,
association, trust, estate or governmental entity and any other entity
whatsoever.
RECYCLE COSTS
That portion of the City of Cortland's solid waste collection
service that relates to collecting, transporting and hauling recyclable
materials. Such costs shall also include efforts by the City to educate
and inform the public about recycling issues and programs.
RECYCLABLE MATERIALS
Clear (flint), green and brown glass bottles, jugs and jars;
aluminum and metal cans; newspapers; corrugated cardboard; and plastics.
"Recyclable materials" does not include plate glass, window glass
or any other type of glass not specified in this definition. It does
include any material designated from time to time by the Cortland
County Solid Waste Coordinator or other governmental entity which
is applicable to the City of Cortland and which, under any applicable
law or regulation, is not hazardous and which is separated from the
waste stream and held for its material recycling or reuse value.
REFUSE
Rubbish and recyclable materials.
RUBBISH
A.
Food wastes, including but not limited to table cleanings; fruit,
vegetable and animal matter parings and scraps; decaying or spoiled
vegetable, animal and fruit matter; and fallen fruit.
B.
Any paper, plastic, cardboard or other material used to wrap,
cover or contain food, other than certain glass jars, jugs or bottles
defined in this section as "recyclable materials"; and any other household
waste resulting from the use, consumption and preparation of food.
C.
Plastic, metal (other than pure aluminum), rags, drugs, health
aids and materials, sweepings, Styrofoam, rubber, leather, cloth,
clothing, magazines, paper (other than newspapers), waste materials
from normal maintenance and repair activities, pasteboard, crockery,
shells, dirt, filth, glass (other than certain glass bottles, jugs
and jars defined in this section as "recyclable wastes") and any other
similar waste material. "Rubbish" does not include recyclable materials,
as defined in this section. However, "rubbish" shall include recyclable
materials which cannot be recycled because of secondary household
use, i.e., newspapers used for pets.
D.
Paint cans or thinners, emptied and dry with lids and/or caps
removed.
E.
Small appliances such as can openers, vacuum cleaners, small
radios, etc. (not televisions or other bulk items).
RUBBLE
Waste material typically resulting from construction, demolition
and renovation activities, including but not limited to waste cement,
concrete, masonry, bricks, tiles, Sheetrock, plaster, shingles, ashes,
wood, lumber and any similar material.
TIPPING FEE
That fee charged by the County of Cortland to the City of
Cortland for the solid waste collected by the City of Cortland and
accepted for disposal at the Cortland County Landfill. Said fee is
charged on a per-ton-of-garbage basis.
USER
Any owner of real property located within the City of Cortland
who makes use of the City of Cortland's curbside solid waste (garbage)
collection service or recycling collection service. Placing solid
waste or recyclable materials out at the curbside of one's property,
for collection by the City of Cortland on even one occasion each year,
shall classify the property owner of said property as a user of the
City of Cortland's solid waste collection service.
USER FEE
The fee charged by the City of Cortland to the owner of real
property for of the solid waste collection service provided by the
City of Cortland.
All empty refuse containers and empty waste material containers
shall be removed from the curb, sidewalk or street where they have
been placed as soon as possible after collection by the Department
and, in any event, on the same day as collection. Empty refuse containers
or other empty waste containers remaining at or near the curb, sidewalk
or street 24 hours after collection may be picked up and disposed
of by the Department.
Where the Department has not collected certain refuse and/or
waste material because said materials were not placed or prepared
in accord with the provisions of this article, the person responsible
for putting said refuse or waste materials at or near a curb, sidewalk
or street for collection by the Department shall remove said refuse
or wastes from said location as soon as possible after the Department
has refused collection and, in any event, by the end of the designated
collection day.
When the recyclable materials are picked up by the Department,
these shall become the property of the City of Cortland. No person
who is not acting under authority of the City or its authorized agent
shall collect, pick up, remove or cause to be collected, picked up
or removed any recyclable materials so placed for collection; each
such unauthorized collection, pickup or removal shall constitute a
separate violation of this article; provided, however, that where
the Department has refused to collect certain recyclable materials
because they have not been placed or treated in accord with the provisions
of this article, the person responsible for initially placing those
materials for collection may and shall remove those materials from
any curb, sidewalk or streetside in accord with the provisions of
this article.
Nothing in this article shall be deemed to prevent any person
from entering into a contractual agreement with a private waste hauler
for the removal of refuse and other waste materials generated by that
person or by property owned by that person.
The Common Council is authorized to establish an appropriate
mechanism for selling or facilitating the sale of waste containers
for recyclable materials that meet the requirements of this article.
The disposal of refuse or waste materials on the real property
of another in a manner other than as permitted by this article shall
constitute illegal dumping.
The Board shall have authority to adopt whatever regulations
are consistent with this article and to continue to enforce any existing
regulations that are consistent with this article.
[Adopted 3-25-1991 (Ch. 71/2, Art. III of the 1969 Code of Ordinances)]
It is the intention of the Common Council and it is hereby ordained
that the provisions of this ordinance shall become and be made part
of the Code of the City of Cortland, New York.
Recyclable materials shall be prepared in a manner prescribed
by the Common Council.
Any identifiable occupant and/or owners violating any provision
of this article shall be fined as follows: the cost of having their
rejected containers or bags removed by the City for a first offense;
the sum of $25, plus the cost of removal for a second offense; the
sum of $50, plus the cost of removal for a third offense or subsequent
offense of this article.
The disposal of grass clippings, tree limbs and yard waste is
not governed by this article and will not be collected by the City
as part of its regularly scheduled garbage and recycling collection
program but shall be collected or disposed of in a manner otherwise
directed by the Common Council.