City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Yonkers 8-20-1992 by G.O. No. 5-1992. Amendments noted where applicable.]
The purpose of this chapter is to promote the general health, welfare and safety of the citizens of the City of Yonkers, to protect the environment and to implement the solid waste management policy as declared by New York State and Westchester County law. Additionally, this chapter is intended to reduce the need to dispose of solid waste generated in the City of Yonkers through incineration or landfill, to maximize the available recycling capabilities and to comply with New York State General Municipal Law § 120-aa.
This chapter shall apply to every waste generator within the City of Yonkers.
Unless otherwise expressly stated or unless the context or subject matter specifically requires a different meaning, the definitions of the following terms which are used in this chapter shall be as follows:
NONRESIDENTIAL RECYCLABLE MATERIAL
Recyclable material generated by a nonresidential waste generator, which includes only newsprint, corrugated cardboard, bulk metals, vehicular batteries and motor oil as defined as "residential recyclable material" and, in addition, only the following materials:
A. 
High-grade paper: high-grade paper such as letterhead, copier paper, typing paper, tablet sheets, computer printout paper and all papers of similar quality which are dry and free of contaminants. This material shall not include carbon paper, self-carbonizing paper, coated or glossy paper, window envelopes or envelopes with adhesive labels.
B. 
Glass: jars, bottles and containers of clear, green, amber or brown colored glass used by all food and beverage industries, such as restaurants, cafeterias and taverns, to store food or beverages only, which are empty, dry and rinsed clean. This material shall not include ceramics, windows, automobile glass, mirrors and lightbulbs.
C. 
Metals: food and beverage containers made of steel, aluminum or bimetal used by all food and beverage industries, such as restaurants, cafeterias and taverns, which are empty, dry and rinsed clean.
D. 
Plastics: food, beverage, detergent and shampoo containers used by all food and beverage industries, such as restaurants, cafeterias and taverns, which are empty, dry and rinsed clean.
NONRESIDENTIAL WASTE GENERATOR
All waste generators other than residential waste generators.
PERSON
Any individual, firm, company, association, society, corporation, partnership, copartnership, joint-stock company, trust, estate, governmental entity or any other legal entity or legal representative, agent or assign.[1]
RECYCLE
Any method, technique or process utilized to separate, process, modify, convert, treat or otherwise prepare solid waste so that its component materials or substances may be beneficially used or reused.
RESIDENTIAL RECYCLABLE MATERIAL
Recyclable material generated by a residential waste generator, which includes only the following materials:
A. 
Newsprint: newspapers as purchased, including glossy inserts, which are dry and free of contaminants.
B. 
Corrugated cardboard: non-wax-coated brown corrugated cardboard containers and boxes which are dry and free of contaminants such as adhesives, metals and plastics. This material shall not include gray cardboard such as cereal boxes, tissue boxes, paper towel rolls and other noncorrugated material.
C. 
Glass: jars, bottles and containers of clear, green, amber or brown colored glass, used only to store food or beverages and which are empty, dry and rinsed clean. This material shall not include ceramics, windows, automobile glass, mirrors and lightbulbs.
D. 
Metals: food and beverage containers made of steel, aluminum or bimetal which are empty, dry and rinsed clean.
E. 
Bulk metals: large metal fixtures and appliances. This material shall not include metal containers used to store flammable, volatile or chemical materials.
F. 
Plastics: food, beverage, detergent and shampoo containers which are empty, dry and rinsed clean. This material shall not include plastic wrap, plastic film, plastic bags, vinyl, rigid plastic (e.g., toys) and plastic foam materials.
G. 
Yard waste: leaves, small branches, twigs and brush.
H. 
Vehicular batteries: lead-acid batteries used in vehicles and heavy equipment. This material shall not include household batteries such as those used in flashlights, cameras and radios, etc.
I. 
Motor oil: oil used in gasoline- and diesel-powered vehicles and engines, delivered in an uncontaminated container.
J. 
Commingled recyclables: metals, plastic and glass.
RESIDENTIAL WASTE GENERATOR
A waste generator who resides in a single-family or multifamily dwelling and whose waste and recyclable material is generated from household functions such as cooking, cleaning, etc. This term shall include but is not limited to the owner or manager of a habitable building with three or more dwelling units.
SOURCE SEPARATION
The separation of recyclables from all waste at the point and time of generation for separate collection, sale or other disposition.
WASTE GENERATOR
Any person who produces or is responsible for waste or recyclable material which requires disposal.
[1]
Editor's Note: The definition of "city," which immediately preceded this definition, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
Every residential waste generator in the City shall be responsible for the source separation of residential recyclable material from all household waste at the point and time of generation. Such source separation shall commence on September 1, 1992.
B. 
Every residential waste generator shall provide for the removal of separated residential recyclable material and household waste from the property on which they are generated pursuant to the rules, regulations and procedures promulgated by the Commissioner of the Department of Public Works of the City of Yonkers or by taking these materials directly to a recyclables transfer, storage or processing location.
C. 
Motor oil shall be delivered by the residential waste generator to service stations required to accept such material.
D. 
Used vehicular batteries shall be delivered by the residential waste generator to retailers who are required to accept such batteries for recycling or delivered to scrap recycling facilities which accept used vehicular batteries for recycling.
E. 
Nothing in this chapter shall be construed to prohibit private composting of garden and yard waste by a residential waste generator on the residential generator's own property.
A. 
The City of Yonkers will provide collection of household waste and recyclable materials pursuant to the following schedule:
(1) 
Monday and Thursday collection route: On Monday, household waste will be collected only. On Thursday, household waste and commingled recyclables will be collected.
(2) 
Tuesday and Friday collection route: On Tuesday, household waste will be collected only. On Friday, household waste and commingled recyclables will be collected.
(3) 
Wednesday collection route: On Wednesday, newsprint, cardboard and yard waste will be collected.
B. 
Newsprint shall be placed in a brown paper bag or open cardboard box and shall not be tied in any way. Cardboard shall be flattened and tied.
C. 
Yard waste shall be placed in an open refuse container or in a brown paper bag.
D. 
Commingled recyclables shall be placed together in a designated refuse container and shall not be placed in paper or plastic bags.
E. 
All household waste, commingled recyclables, newsprint and cardboard shall be placed at curbside by 7:00 a.m. of the designated collection day.
F. 
Subsequent changes to the collection schedule or collection procedures shall be made by the Commissioner of Public Works with notice placed in the official newspapers of the City of Yonkers for a two-week period prior to the change.
A. 
Every nonresidential waste generator in the City shall be responsible for the source separation of nonresidential recyclable material from all waste at the point and time of generation. Such source separation shall commence on September 1, 1992.
B. 
Every nonresidential waste generator shall provide for the removal of separated nonresidential recyclable material and waste from the property on which they are generated by a hauler or recyclables broker licensed under the Westchester County Solid Waste and Recyclables Collection Licensing Law or by taking these materials directly to a recyclables transfer, storage or processing location.
C. 
Motor oil shall be delivered by the nonresidential waste generator to service stations required to accept such material.
D. 
Used vehicular batteries shall be delivered by the nonresidential waste generator to retailers who are required to accept such batteries for recycling or delivered to scrap recycling facilities which accept used vehicular batteries for recycling.
E. 
Nothing in this chapter shall be construed to prohibit private composting of garden and yard waste by a nonresidential waste generator on the nonresidential waste generator's own property.
Waste generators who are unable to comply with the requirements of this chapter may apply for an exemption from such requirements. Such application must be made to the Commissioner of Environmental Facilities of the County of Westchester pursuant to the laws, rules and regulations of the County of Westchester.
In addition to the penalties prescribed in this chapter, the City may commence an action in a court of competent jurisdiction to compel compliance with the provisions of this chapter or to compel compliance with the rules, regulations or procedures promulgated by the Commissioner of the Department of Public Works.
[1]
Editor's Note: Former § 51A-9, Civil Penalties, which immediately preceded this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
In the event that a violation of this chapter causes the City to incur an expense, the City may commence civil litigation against the violator to collect all expenses incurred.
The provisions of this chapter shall be enforced by the agents, officers and employees of the City of Yonkers Department of Public Works and the City of Yonkers Police Department.
[1]
Editor's Note: For enforcement procedures for this chapter see Ch. 91, Garbage and Refuse, Art. VI, Enforcement Procedures.
It shall be unlawful for any person to remove recyclable material from the curbside or refuse container of another person.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
It shall be unlawful for any person to fail to comply with any applicable provision of this chapter or any rule, regulation or procedure promulgated by the City of Yonkers Department of Public Works.
B. 
A first violation of this chapter shall be punishable by either a written warning or as a Class III offense. If a first violation has been punished by a written warning, then a second violation of this chapter within three years of the written warning shall constitute a Class III offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Each day of a continuing violation shall constitute a separate violation and offense subject to a separate penalty.