City of Olean, NY
Cattaraugus County
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Table of Contents
Table of Contents
CROSS REFERENCES
Definitions and rules of construction generally, § 1-2.
Environmental control, ch. 8.
Health and human services, ch. 10.
Licenses, permits and miscellaneous business regulations, ch. 13.
Garbage and refuse in residential areas, § 12-161.
Nuisances, ch. 16.
Water, sewers and sewage disposal, ch. 27.
STATE LAW REFERENCES
Environmental Conservation Law § 27-0101 et seq.
Navigation Law § 33-c.
General Municipal Law §§ 120-w, 120-aa.
Vehicle and Traffic Law §§ 377, 380-a, 1220.

Sec. 20-1 Definitions.

[Res. No. 36-91, § 13-1, 3-26-1991; Res. No. 86-95, 10-24-1995]
Whenever used in this chapter or in the rules and regulations duly adopted by the common council pursuant to this chapter, the following words or phrases shall have the respective meanings set forth in this section. Any word or phrase not defined in this section but which appears in this chapter in the rules and regulations duly adopted by the common council shall have the meaning as defined in title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York Part 360 (Solid Waste Management Facilities), or any successor to such part. Any words or phrases not otherwise defined shall have the meaning in accordance with their common usage.
ASHES
All substances or material which remain after combustion.
AUTHORIZED AGENT
A person who has been designated to issue distinctively labeled stickers on behalf of the city and to pay the necessary fees therefor.
COMMERCIAL
Any motel, hotel, congregate living facilities, boarding houses, multiple dwelling (four or more units), church, school, mercantile or service nonprofit or profit making establishments, and multiple dwelling projects operated by the city housing authority.
DISTINCTIVELY LABELED STICKER
An adhesive sticker of such size, price, material, and design as may be determined by the common council to be affixed or attached to refuse containers in the manner prescribed by the common council for use in the collection and disposal of nonrecyclable refuse in the city.
DUMPSTER
A refuse receptacle designed to be emptied by mechanical means into a transport vehicle.
INDUSTRIAL
Any plant, factory, or facility operated for the fabrication, assembly, or manufacture of products.
PERSON IN CHARGE
An individual, trust, corporation, partnership, firm, proprietorship, or association that occupies, manages, uses, or controls real property.
RECYCLABLES
Those items or materials appearing on the official list of mandatory recyclable materials as adopted by the common council of the city.
REFUSE
Any waste, putrescible and non-putrescible, permitted to be disposed of with distinctively labeled stickers attached or affixed pursuant to the rules and regulations of the city solid waste management program.
RESIDENTIAL
Any building consisting of three or fewer units for the housing of individuals.
SOLID WASTE MANAGEMENT PROGRAM
The ordinance, rules, regulations, policies, and procedures for disposal of waste generated in the city.
VEHICLE
A motor vehicle designed or adapted for use in the removal of garbage, recyclables, and trash.
WASTE
Any ashes, garbage, refuse, white goods, hazardous waste, infectious waste, yard waste, recyclables, and all other waste material not otherwise specifically defined.
WHITE GOODS
Washing machines, clothes dryers, refrigerators, freezers, and all other similar types of materials that are of recyclable value.
YARD WASTE
Grass clippings, weeds, leaves, or brush.

Sec. 20-2 Penalties for violations of chapter.

[Res. No. 36-91, § 13-18(2), 3-26-1991; Res. No. 9-95, 3-14-1995]
Unless otherwise provided, a person convicted of violating any provision of this chapter may be punished as follows:
(1) 
For a first conviction, by a fine of $100, or imprisonment for 15 days, or both.
(2) 
For a second conviction, by a fine of $250, or imprisonment for 15 days, or both.
(3) 
For a third and subsequent conviction, by a fine of $500, or imprisonment for 15 days, or both.

Sec. 20-3 Alternate disposal methods allowed.

[Res. No. 36-91, § 13-8, 3-26-1991]
Nothing in this chapter shall be deemed to prohibit any commercial and/or industrial establishment from contracting with a public or private disposal service for removal of waste. Nothing in this chapter shall be deemed to prohibit any person from disposing or causing disposal of waste at a transfer station operated by the county.

Sec. 20-4 Administration, enforcement of chapter.

[Res. No. 36-91, § 13-18(1), 3-26-1991]
The provisions of this chapter shall be enforced by the city police department. The administration of this chapter shall be by the city clerk and the director of public works.

Sec. 20-5 Rules and regulations pertaining to waste management and disposal.

[Res. No. 36-91, § 13-7, 3-26-1991)
The common council is hereby empowered to adopt by resolution rules and regulations pertaining to the city solid waste management program, including without limitation refuse and recyclables preparation requirements and such other rules and regulations as may be necessary to effectively and efficiently ensure sound solid waste management and disposal pursuant to this chapter. Such rules are hereby incorporated by reference, and compliance with the provisions of this chapter shall require compliance with such rules and regulations. Such rules and regulations may be changed from time to time by resolution. Failure to comply with the rules and regulations shall be unlawful.

Sec. 20-6 Presumption concerning depositing of waste in the city.

[Res. No. 36-91, § 13-14, 3-26-1991]
If waste is placed or deposited within the city, it shall be presumed that such waste was placed or deposited by and is the responsibility of the person that may be identified as a result of an inspection of the contents of the container or bag. If identification cannot be determined by such inspection, it will be presumed that the waste is the responsibility of the person that owns or is in charge of the real property where such placement has been made. If placement of waste is made on a public or private right-of-way, the abutting private real property will be deemed to be the location of the violation.

Sec. 20-7 License for private collecting, handling, or transporting of waste.

[Res. No. 36-91, § 13-19, 3-26-1991; Res. No. 29-92, 3-24-1992; Res. No. 119-92, 7-28-1992]
(a) 
It shall be unlawful for any person, other than the city, to engage in the business for hire of collecting, handling, or transporting through the streets or public ways of the city any waste originating or generated in the city. Licensing by the city shall not waive any obligations to obtain required state or federal permits.
(b) 
Every person desiring to engage in such business shall make application to the city clerk by setting forth the name and residence of the applicant, or the name and place of business, if a firm or corporation, and pay a fee for such license in the sum of $250 for each vehicle to be used in the conducting of such business.
(c) 
Each such license so issued shall expire on May 15 following such date of issue.
(d) 
The city clerk shall, before issuing such a license, require the owner to get written approval from the director of public works to the effect that the vehicle to be used for such purpose is satisfactorily constructed to prevent littering the city streets and that tarps, where necessary, are provided so they shall cover any refuse or bulk that is not otherwise transported in a totally enclosed container.
(e) 
Any person violating this section shall be, upon conviction, punished by a fine of not more than $250, or by imprisonment for not more than 30 days, or by both fine or imprisonment.

Sec. 20-8 Prohibited disposal of waste.

[Res. No. 36-91, § 13-2, 3-26-1991]
(a) 
Public property. It shall be unlawful for any person to place, throw, or deposit or cause to be placed, thrown, or deposited any waste upon any sidewalk, subway, street, alley, lane, gutter, or any public ground in the city or into any stream or upon the banks of any stream running through or adjacent to the city, except when placement is permitted pursuant to the city solid waste management program.
(b) 
Private property. It shall be unlawful for any person to place, throw, or deposit or cause to be placed, thrown, or deposited any waste upon the private property of another person without the permission of such person.
(c) 
Burning or burying. It shall be unlawful for any person to bury or openly burn or cause to be buried or openly burned any waste within the city limits, except the composting of organic material shall be permitted.

Sec. 20-9 Disposal of waste from outside the city prohibited.

[Res. No. 36-91, § 13-3, 3-26-1991]
(a) 
It shall be unlawful for any person to bring in, place, or deposit in the city any waste originating from outside the city.
(b) 
It shall be unlawful for any person or person in charge to permit another to bring in, place, or deposit in the city any waste originating from outside the city.

Sec. 20-10 Deposit of materials into waste receptacles located on city property restricted.

[Res. No. 36-91, § 13-4, 3-26-1991]
It shall be unlawful to place any waste into a waste receptacle located on city property or right-of-way, unless such waste was generated at that location.

Sec. 20-11 Materials subject to mandatory recycling.

[Res. No. 36-91, § 13-5, 3-26-1991]
The common council is hereby empowered to adopt by resolution an official list of mandatory recyclable materials. This list may be changed from time to time by resolution of the common council. Failure to recycle waste on this official list, unless otherwise permitted by the city solid waste management program, shall be unlawful.

Sec. 20-12 [ecycling exceptions.

The requirement to recycle waste shall not be applicable to any commercial or industrial business establishment which has a contract with a public or private disposal service, if such disposal service permits refuse and recyclables to be comingled, and such waste is otherwise disposed of properly.

Sec. 20-13 Yard waste, white goods.

[Res. No. 36-91, § 13-16, 3-26-1991]
Yard waste and white goods shall be disposed of in accordance with the rules and regulations adopted by the common council from time to time.

Sec. 20-14 Clean-up week.

[Res. No. 65-94, 7-26-1994]
(a) 
The city may from time to time establish a residential clean-up week(s) during which the city will cause to be picked up and disposed of clean-up items and materials from curbside on a per lot basis. For this regulation a "lot" shall be deemed to be each separately identified lot reflected on the official zoning map of the city. Prohibited items include:
Animal waste; asbestos (including roof and siding shingles containing asbestos); batteries; concrete; hazardous waste (household or otherwise); infectious waste; large metal items; paint, solvents, or any liquids; pipe other than household plumbing pipe one inch diameter or less, cut into four-inch lengths; railroad ties; refuse and garbage; soil; tires; white [goods] (stoves, refrigerators, washers, etc.); yard waste (leaves, twigs, grass clippings, trees).
(b) 
No clean-up week debris shall be deposited on the public right-of-way unless a distinctively labeled sticker for that debris has been purchased from the city and is displayed.
(c) 
The commingling of debris from two or more lots into one lot shall be prohibited unless a sticker is purchased for each lot commingling such debris.
(d) 
No clean-up debris is to be placed at the curbside more than two days prior to the appropriate clean-up week as determined and set by the city.

Sec. 20-15 Dumpsters.

[Res. No. 86-95, 10-24-1995]
(a) 
It shall be unlawful, within the limits of the city to place on any lot within 25 feet of a required exit of any building, within 10 feet of any fire department connection to sprinklers or standpipe or controlling valve or within 15 feet of any hydrant or within a fire lane.
(b) 
No dumpster may be placed within 25 feet of any natural gas or LPG tank or regulating device or any storage (except underground) or dispensing area of any flammable liquids or electrical service.
(c) 
It shall be unlawful to place or cause to be placed any dumpster within the city not having fully operational covers and/or doors. Lids and doors must be closed except when placing refuse in a dumpster or emptying of it. It shall be unlawful to fill a dumpster to over capacity or prevent the closing of doors and lids or to prevent the intended operation of the lids and doors.

Sec. 20-16 through Sec. 20-34. (Reserved)

Sec. 20-35 Unlawful removal of solid wastes including recyclables.

[Res. No. 50-95, 8-22-1995]
The city may from time to time operate or contract the operation of a municipal collection and disposal service for solid waste including recyclables. Unless otherwise authorized by the rules and regulations of the city solid waste management plan, waste properly left for municipal collection by the person in charge thereof shall not be taken, removed or disposed of or cause to be taken, removed or disposed of by any person except by or with the consent of the city.

Sec. 20-36 Distinctively labeled stickers—Use.

[Res. No. 36-91, § 13-9, 3-26-1991; Res. No. 50-95, 8-22-1995]
Unless otherwise provided by the city solid waste management program, it shall be the duty of all persons utilizing city-operated or city-contracted disposal services for disposal of refuse to separate refuse from waste, and to prepare, place, and seal such refuse in containers authorized by the rules and regulations of the city solid waste management program. The city shall have no obligation to remove any refuse placed for collection, unless there has been attached or affixed thereto a distinctively labeled sticker having a value at least equivalent to the volume of refuse to be collected. No person shall duplicate or imitate any distinctively labeled sticker issued by the city. No person shall give, sell, or issue a duplicated or imitated distinctively labeled sticker. Any prohibited action of this section shall be unlawful.

Sec. 20-37 Same—Use by nonresidents.

[Res. No. 36-91, § 13-10, 3-26-1991]
It shall be unlawful for nonresidents of the city to purchase or otherwise use the distinctively labeled stickers for the purpose of depositing garbage and trash in the city for collection and disposal.

Sec. 20-38 Same—Reuse prohibited.

[Res. No. 36-91, § 13-12, 3-26-1991]
It shall be unlawful to reuse, or permit to be reused, a distinctively labeled sticker that has previously been collected by the city-operated waste disposal program.

Sec. 20-39 (Reserved)

Editor's Note: Res. No. 48-00, adopted June 12, 2000, repealed § 20-39 in its entirety. Formerly, said section pertained to the sale of distinctively labeled stickers by agents. See the Code Comparative Table.

Sec. 20-40 City refuse disposal fee schedule.

[Res. No. 36-91, § 13-15, 3-26-1991]
The common council shall establish by resolution the fees for the distinctively labeled stickers which shall be applicable to all users of the city-operated refuse collection and disposal services. Fees may be changed from time to time by resolution of the common council.

Sec. 20-41 Hours of collection; commercial and residential premises.

[Res. No. 9-94, 3-8-1994]
Except in areas of the city zoned industrial, it shall be unlawful to collect refuse, garbage and recyclables at anytime prior to 7:00 a.m. or after 9:00 p.m.