No person shall throw, place or deposit or permit any person
under his control or employment to throw, place or deposit any garbage,
refuse, rubbish or waste material except in accordance with the provisions
of this article.
[Amended 5-10-2022 by Ord. No. 3-2022]
A.
Every owner,
lessee, tenant, occupant or person in charge of any building or premises
shall keep and cause to be kept the sidewalk, flagging and curbstone
abutting said building or premises free from obstruction and nuisances
of every kind and shall keep said sidewalks, air shafts, areaways,
backyards, courts and alleys free from garbage, refuse, rubbish, litter
and other offensive material. Such persons shall also remove garbage,
refuse, litter, debris and other offensive material between the curbstone
abutting the building or premises and the roadway area extending 1 1/2
feet from the curbstone into the street on which the building or premises
fronts. Such persons shall not, however, be responsible for cleaning
the garbage, refuse, rubbish, litter and other offensive material
which accumulates at catch basins located within the one-and-one-half-foot
distance from the curbstone into the street.
B.
Every owner,
lessee, tenant, occupant or person in charge of any building or premises
shall keep and cause to be kept the sidewalk, flagging and curbstone
abutting said building or premises free from animal waste. Such persons
shall also remove animal waste between the curbstone abutting the
building or premises and the roadway area extending 1 1/2 feet
from the curbstone into the street on which the building or premises
fronts.
Every person in responsible charge of any building or structure
in the City of Yonkers shall provide and cause to be kept and provided,
for the exclusive use of such building or structure thereof, an adequate
number of approved, separate receptacles for holding, respectively,
without leakage, all garbage, refuse, rubbish or waste material, to
accommodate accumulations between collections.
A.
All receptacles containing garbage, refuse, rubbish or waste material
shall be tightly covered at all times with approved covers. Every
such receptacle shall be kept at all times in good and proper condition
and repair. The burning of garbage and other waste materials is prohibited,
except at such places and locations as may be approved by the Commissioner
of Public Works.
B.
No receptacle shall be placed upon any street, sidewalk, footpath,
alley or any other public place whatsoever, except that covered receptacles
may be placed at such locations for collection after sundown the night
previous to collection.
C.
No garbage, refuse, rubbish or waste material shall be placed at
such locations on Sunday. Empty receptacles shall be removed from
such locations the same day as soon as possible after collections
have been made. No such receptacle, refuse, rubbish or waste material
shall be so placed or stored so as to contribute to the creation of
a public health nuisance.
D.
Whenever it may be deemed necessary by the Commissioner of Public
Works, such platforms constructed of an impervious material shall
be used for the storage of receptacles so as to eliminate the creation
of a public health nuisance.
[Amended 5-13-2003 by L.L. No. 1-2003]
A.
INCINERATOR
PERSON
Definitions. Whenever used herein, the following terms shall mean:
Any device used for the destruction of garbage, refuse, rubbish
or other leavings or waste by fire, but such materials shall not include
recyclables.
An individual, corporation, club, partnership, association,
legal entity, society or any other organized group of persons and
shall include officers, directors and trustees of a corporation, club,
association or society.
C.
Penalties. A violation of any provision of this section of the City
Code is hereby classified as a Class I offense, an unclassified misdemeanor,
punishable by a fine of not more than $2,500 or by imprisonment for
not more than one year, or both. Each and every day that an offense
continues shall be deemed a separate violation subject to separate
penalty.
[Added 1-24-1995 by L.L. No. 2-1995]
A.
It shall be unlawful for any person, his or her agent or employee
or any person under his or her control to suffer or permit any dirt,
sand, gravel, clay, loam, stone, rocks, rubble, building rubbish,
sawdust, shavings or commercial or household waste, refuse, ashes,
manure, garbage, rubbish or debris of any sort or any other organic
or inorganic material or thing being transported in a dump truck or
other vehicle to be dumped, deposited or otherwise disposed of in
or upon any street, lot, park, public place or other area, whether
publicly or privately owned, except where such disposal conforms to
the requirements of state and federal law and is authorized at the
specific site in question pursuant to this Code or the Charter of
the City of Yonkers.
B.
No fill of any type in excess of 15 cubic yards shall be placed on
public or private property without the issuance of a building permit
by the Yonkers Department of Housing and Buildings. Fill shall only
be placed in accordance with accepted engineering practice and upon
the presentation of documentation of the source of the fill to the
Yonkers Department of Housing and Buildings and the prior acceptance
of such documentation by such Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
C.
Any person violating the provisions of this section shall, upon conviction
thereof, be deemed guilty of a misdemeanor and shall be punished by
a fine of not less than $1,000 nor more than $100,000 or $250,000
in the case of repeat offenders or in the case of hazardous waste
or by imprisonment for a term of not more than one year, or by both
such fine and imprisonment.
[Amended 5-22-2001 by G.O. No. 3-2001; 4-11-2006 by G.O. No. 2-2006]
D.
Any person violating the provisions of this section shall be liable
and responsible for a civil penalty of not less than $7,500 nor more
than $15,000. In addition, every owner of a dump truck or other vehicle
shall be liable for a civil penalty of not less than $7,500 nor more
than $15,000 for a violation by any person using or operating such
truck or vehicle, in the business of such owner or otherwise, with
the permission, express or implied, of such owner. In the case of
a continuing violation, every day's continuance thereof may be deemed
to be a separate and distinct violation. All civil penalties may be
recovered in a civil action brought in the name of the City of Yonkers
or by any other means authorized by law.
[Amended 12-11-2012 by G.O. No. 18-2012; 6-26-2018 by L.L. No. 9-2018]
E.
Impoundment of vehicles.
(1)
Any dump truck or other vehicle that has been used or is being used
to violate the provisions of this section may be impounded by the
City of Yonkers pending forfeiture pursuant to the provisions of this
subsection. Such truck or vehicle shall be released within three business
days unless the City ascertains either:
(a)
That the owner has been convicted of or found liable for a violation
of this section or any other local, state or federal provision of
law regarding the transport, handling, storage, treatment or disposal
of solid waste, in a civil or criminal judicial proceeding or in a
proceeding before an agency of competent jurisdiction, and such violation
was committed within three years prior to the alleged violation of
this section for which such truck or vehicle was impounded;
(b)
That the owner of the truck or vehicle has not obtained a license,
permit or other authorization required by any provision of law for
the activity for which such truck or vehicle was impounded; or
(c)
That the alleged violation of this section for which such truck
or vehicle was impounded involves material identified as hazardous
waste or acute hazardous waste in regulations promulgated pursuant
to § 27-0903 of the New York Environmental Conservation
Law.
(2)
Notice of impoundment and intended forfeiture shall be served together
with the notice of violation of this section. Such notice shall contain
notice of the right to request a hearing before the department whose
enforcement agents impounded such truck or vehicle, or before a hearing
officer otherwise authorized by this Code, with respect to whether
there is reasonable cause to believe that such truck or vehicle will
be subject to forfeiture. A hearing shall be provided within three
business days of such request, and a determination shall be rendered
within four business days of the conclusion of such hearing. If such
determination is that there is not reasonable cause to believe that
the truck or vehicle will be subject to forfeiture, the City shall
release the truck or other vehicle without charges or fees. If such
determination is that there is reasonable cause to believe that the
truck or vehicle will be subject to forfeiture, the City may retain
such truck or vehicle pending forfeiture pursuant to the provisions
of this section. If, after adjudication of the violation of this section
for which such truck or vehicle was impounded, the court or agency
of competent jurisdiction finds the respondent not guilty of or not
liable for such violation, the City shall release the truck or vehicle
without charges or fees. If, after adjudication of such violation
of this section, the court or agency of competent jurisdiction finds
the respondent guilty of or liable for such violation, then, upon
demand of the respondent, the City shall either release the truck
or vehicle upon payment of all outstanding fines and civil penalties
and removal charges and storage fees, or commence to seek judicial
determination of forfeiture pursuant to this section, if the City
has not already done so, within 20 days after such demand. Such judicial
determination may be a component of an ongoing action for civil penalties
against the respondent. If the truck or vehicle is not reclaimed within
90 days of notice of its release pursuant to this subsection, the
truck or vehicle shall be deemed abandoned and may be disposed of
consistent with § 1224 of the New York Vehicle and Traffic
Law.
(3)
In addition to any other penalties provided by law, the interest of an owner in any dump truck or other vehicle impounded pursuant to this subsection shall be subject to forfeiture upon notice and judicial determination thereof if the impounding of such truck or vehicle satisfied the criteria in Subsection E(1)(a), (b) or (c) of this section and the owner has been found guilty of or liable for the violation of this section for which the truck or vehicle was impounded by a court or agency of competent jurisdiction.
(4)
Notice of the institution of the forfeiture action shall be provided
by first class mail to:
(a)
All owners of the dump truck or other vehicle, at the address
set forth in the records maintained by the Department of Motor Vehicles
or, for vehicles not registered in New York State, in the records
maintained by the state of registration; and
(b)
All persons holding a security interest in such truck or vehicle,
which security interest has been filed with the Department of Motor
Vehicles pursuant to Title X of the New York Vehicle and Traffic Law,
at the address set forth in the records of such department, or, for
vehicles not registered in New York State, all persons holding a security
interest in such truck or vehicle, which security interest has been
filed with such state of registration and which persons are made known
by such state to the City of Yonkers, at the address provided by such
state of registration.
(5)
Any person, other than the owner whose interest is forfeited, who
establishes a right of ownership in such truck or vehicle, including
a part ownership or security interest, and who did not expressly or
impliedly permit the violation of law for which the truck or vehicle
was impounded and did not knowingly obtain an interest in the truck
or vehicle to avoid forfeiture, shall be entitled to payment for his
or her interest in such truck or vehicle in the course of a forfeiture
action brought pursuant to this section, after intervening in such
action in accordance with the Civil Practice Law and Rules. In such
action, awards to one or more persons in satisfaction of such persons'
interest in the forfeited dump truck or other vehicle shall not exceed
the amount of the net proceeds of the sale of the forfeited vehicle,
after deduction of the City's lawful expenses, including the reasonable
costs of removal and storage of the vehicle between the time of seizure
and the date of sale.
(6)
Any person, other than the owner whose interest is forfeited, who
establishes a right of ownership in a dump truck or vehicle, including
a part ownership or security interest, shall be entitled to delivery
of the truck or vehicle if such person:
(a)
Did not expressly or impliedly permit the violation of law for
which the truck or vehicle was impounded and did not knowingly obtain
an interest in the vehicle to avoid forfeiture;
(b)
Redeems the ownership interest which was subject to forfeiture
by payment to the City of the value thereof;
(c)
Pays the reasonable expenses of the safekeeping of the truck
or vehicle between the time it was impounded and the time of sale
or redemption; and
(d)
Asserts a claim not later than 30 days after judicial determination
of forfeiture.
(7)
Except as provided in this subsection, the City, after judicial determination
of forfeiture, shall, no sooner than 30 days after such determination,
either:
F.
The civil and criminal penalties and prohibitions contained in this
section shall be in addition to any other penalties or prohibitions
provided by law. This section may be enforced and administered by
authorized employees of the Police Department, the Department of Planning
and Development and the Department of Public Works and by any agency
of the City authorized by law to enforce or administer this section.
G.
As used in this section, the term "owner" shall mean a person, other
than a holder of a security interest, having the property in or title
to such truck or vehicle, including but not limited to a person entitled
to use and possession of such truck or vehicle subject to a security
interest in another person, and also includes any lessee or bailee
having exclusive use thereof.
[Added 4-11-2006 by G.O. No. 3-2006]
A.
The City of Yonkers hereby offers a reward of not more than $1,000 per conviction to any person or persons giving information leading to the detection, arrest and conviction of any person or persons guilty of any offense under Chapter 91 of the Code of the City of Yonkers and which is located within the City of Yonkers where such conviction is a violation or a misdemeanor. If such conviction is a felony under the Penal Law or any other appropriate law, then the City of Yonkers reserves the right to increase the amount of the reward to $25,000 per conviction located within the City of Yonkers.
B.
The offer made herein is subject to and limited to the availability
of funds appropriated therefor. The determination of whether a reward
shall be paid by the City and the amount thereof shall be in the sole
discretion of the Commissioner of Public Works, and neither the offer
of a reward nor the furnishing of information in response thereto
shall create any legal right to the payment of the reward.
C.
The Commissioner of Public Works shall have sole discretion in determining whether a reward shall be apportioned among two or more persons and, if so, in what amount and shall certify to the Comptroller the name of the person or persons to whom the rewards shall be made payable. Payment shall be made as a claim against the City in accordance with § C5-5 of the City Charter from the available funds appropriated for that purpose. All claims must be made within 90 days of the conviction.
D.
No person shall be eligible to be paid by or to receive from the
City any reward for any offer of information unless the information
was received by the City during the period the reward offer was in
effect.
E.
No reward shall be offered to any person or persons who committed
or were involved in any of the acts of the alleged offense.
F.
The Commissioner of Public Works is authorized to publish the offer
made by this section by means of posters or other appropriate media.
Subject to the approval of the Corporation Counsel, the Commissioner
of Public Works may determine the form in which this offer is to be
published.
G.
No reward shall be paid to a City officer, employee or member of
the immediate family of such City officer or employee or to any person
who obtained information directly or indirectly from such City officer
or employee.
