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.
[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.
All substances or material which remain after combustion.
A person who has been designated to issue distinctively labeled
stickers on behalf of the city and to pay the necessary fees therefor.
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.
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.
A refuse receptacle designed to be emptied by mechanical
means into a transport vehicle.
Any plant, factory, or facility operated for the fabrication,
assembly, or manufacture of products.
An individual, trust, corporation, partnership, firm, proprietorship,
or association that occupies, manages, uses, or controls real property.
Those items or materials appearing on the official list of
mandatory recyclable materials as adopted by the common council of
the city.
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.
Any building consisting of three or fewer units for the housing
of individuals.
The ordinance, rules, regulations, policies, and procedures
for disposal of waste generated in the city.
A thirty-two-, sixty-four,- or ninety-six-gallon garbage
bin to be provided by the City of Olean’s solid waste management
and recycling contractor and billed directly to the customer at the
monthly contract rate.
[Added 10-26-2021 by Res. No. 69-21]
A motor vehicle designed or adapted for use in the removal
of garbage, recyclables, and trash.
Any ashes, garbage, refuse, white goods, hazardous waste,
infectious waste, yard waste, recyclables, and all other waste material
not otherwise specifically defined.
Washing machines, clothes dryers, refrigerators, freezers,
and all other similar types of materials that are of recyclable value.
Grass clippings, weeds, leaves, or brush.
[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:
[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.
[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.
[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.
[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.
[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.
[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.
[Res. No. 36-91, § 13-3, 3-26-1991]
[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.
[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.
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.
[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.
[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:
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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).
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(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.
[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.
[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.
[Res. No. 36-91, § 13-9, 3-26-1991; Res. No. 50-95,
8-22-1995; amended 10-26-2021 by Res. No. 69-21]
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 to
or affixed thereto a distinctively labeled sticker having a value
at least equivalent to the volume of refuse to be collected, OR the
refuse placed for collection is placed in a tote provided by the contractor
in the size chosen by the resident, billed directly to the customer
at the monthly contract rate. 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.
[Res. No. 36-91, § 13-10, 3-26-1991; amended 10-26-2021 by Res. No.
69-21]
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.
[Res. No. 36-91, § 13-12, 3-26-1991; amended 10-26-2021 by Res. No.
69-21]
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.
[Added 10-26-2021 by Res. No. 69-21]
The City hereby grants to the contractor the exclusive franchise,
license and privilege to collect, haul and dispose of municipal solid
waste from residential units requiring manual collection over, upon
along and across the City’s present and future streets, alleys,
bridges and public properties.
[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.
[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.
