The rules and regulations of this article are hereby established
to regulate the handling of various types of waste in the homes and
commercial establishments within the limits of the City and to provide
for sanitary storage, effective collection and successful operation
of the municipal disposal facilities and systems.
As used in this article, the following terms shall have the
meanings indicated:
The residue of the combustion of any type of solid fuel,
such as wood, coal, coke, charcoal or lye substances. The handling,
collection and disposal of ashes is subject to all the requirements
of this Code in addition to all other applicable requirements of federal
and state laws, codes, rules and regulations.
The wastes generated by businesses and individuals engaged
in the buying, selling, trading, repair, modification, enhancement
or other work involving motor vehicles or their components.
Materials resulting from the construction, alteration or
repair of structures and consisting of plaster, metal, brick, concrete,
lathing, roofing, nails and hardware and materials containing same,
earth, structural members and like material. Such material may also
be known as and referred to as "construction and demolition" waste
or debris or as "C and D."
Any item of furniture, such as tables, chairs, sofas, couches,
mattresses, box springs, beds, dressers and other such items and/or
parts thereof.
The general or extraordinary wastes that accumulate in structures
or upon the land appurtenant to any commercial property or small commercial
property or business devoted in whole or in part to nonresidential
purposes, including but not limited to clubs, stores, offices, restaurants,
banks, entertainment and recreational facilities, industrial properties
including those devoted to manufacturing, processing, treatment, modification,
storage or shipment of goods or products; and shall also include wastes
generated by residential properties with four or more separate dwelling
units, but shall not include large residential or other properties
required to provide dumpsters or other means of disposal by the provisions
of this chapter. The owner of or responsible party for such structures
or land or business shall be responsible for the safe and lawful disposal
of such wastes.
Wastes consisting of unbroken television and computer screens
and monitors; components of radios, video devices, entertainment systems
and other like materials.
Waste material including, but not limited to animal, fish,
fowl, fruit or vegetable matter created or sold in connection with
or produced therefrom and also including spoiled food and dead animals
found within the City limits and including food containers.
The wastes that accumulate in structures or upon the lands
appurtenant to any industrial property as defined herein.
Those materials capable of being reprocessed and reused,
limited for collection purposes to the categories of newspaper, clear
glass, colored glass, tin cans, aluminum cans and plastic and such
other materials designated and deemed to be recyclable and/or for
which it has been determined that there exists a commercial market
therefor. Such determination may be made by the City or by the County
of Orange or by the state or its agencies or by any other government
authority which is empowered by law to make such determination.
The wastes that accumulate in structures or upon lands appurtenant
to any residential property consisting solely of one, two or three
separate dwelling units.
Waste materials not otherwise defined and which because of
their kind or nature either require special handling, pose a potential
hazard to public health or safety, are subject to special rules or
regulations imposed and/or enforced under law by a governmental authority,
which present particular problems in handling, management and disposal.
"Special waste" shall include but not be limited to the following:
hazardous waste and materials, chemicals, biological waste, radioactive
waste, and medical waste, among others.
Waste materials consisting of refrigerators, stoves, washers,
dryers, sinks, toilets, ovens, boilers, heaters, freezers and other
like appliances and fixtures.
As used herein, all materials discarded to be managed, handled
and disposed of according to the provisions of this chapter which
is not otherwise defined as "C and D," white goods, wood waste and
tree trimmings, automotive waste, special waste or otherwise defined
herein.
Waste materials produced or generated as a result of cutting
or trimming or otherwise collecting from trees, shrubs and other plant
life, leaves, branches, twigs, flowers and other components thereof,
living or dead, and no longer connected to the host plant.
Persons other than the Superintendent of Public Works removing
waste, garbage or refuse recyclables, special or other kinds of waste
shall separate the materials contained therein as required by law,
code, rule or regulation, and deliver them to such places designated
therefor and within such hours as shall be fixed by law or by the
Superintendent of Public Works. Such persons must secure in advance
from the City and other regulatory authority any and all permits,
approvals and permissions therefor as required by all applicable laws,
rules and regulations.
Whenever in the Charter or Code of Ordinances of the City of
Newburgh the City is authorized to impose a fee for the collection
and disposal of solid waste, including but not limited to bulk and
oversized items, so-called white goods, construction and demolition
waste and debris, and any and all other waste materials, and/or impose
penalties for a violation of any provisions thereof, it shall be understood
that in the event of noncompliance and/or nonpayment, the City shall
have the right to take any and all such actions, including but not
limited to making expenditures and retaining agents, employees and/or
consultants to effectuate such proper removal and disposal and to
remedy all damages and remediate such consequences of the leaving
of such improper item(s) and the City may make a demand upon the responsible
party and/or the owner of the subject real property for payment of
the City's costs and fees for such collection, and all such other
charges, fees, fines and penalties as may be provided for herein and
imposed hereunder. In the event of nonpayment following such demand,
the City may add the costs and expenses thereof to the amount of taxes
due as levied upon the property of the responsible parties, and may
then proceed with all such collection and enforcement actions and
proceedings as are provided by law for the collection and enforcement
of unpaid taxes.
A.
Waste to be collected by the City is to be well drained of free water
and wrapped in clear plastic bags and stored in a watertight, tightly
covered container. Undrained garbage will not be collected and is
hereby declared to be a nuisance and a violation of this chapter when
placed on public or private property, whether in containers or not.
B.
All recyclables are to be completely separated from nonrecyclable
material and separated according to prevailing law, code, rule or
regulation and as set forth herein. No recyclables shall be placed
out for collection mixed with garbage or other kinds of waste. Recyclables
may only be placed for collection on the day and in the manner designated
for the collection of recyclables by the Superintendent of Public
Works and/or by other lawful authority. Any such mixing or prohibited
commingling of waste with recyclables set out for collection shall
be a violation of this chapter.
A.
Containers for waste. Wrapped or bagged waste shall be stored in
watertight, tightly covered metal or plastic cans not exceeding 95
gallons in capacity and weighing not more than 100 pounds when full.
Not more than one container shall be put out for collection by any
single-family residence, nor more than two containers by any multiple-family
residence comprised of two-family or three-family dwellings on any
one collection day, except as otherwise provided for herein. Each
such container shall be clearly marked with the address of the premises
served thereby.
[Amended 4-22-2019 by Ord. No. 4-2019]
B.
Confiscation of containers. Containers not conforming to the requirements
set forth by this article or which shall be deemed a sanitary or accident
hazard may be confiscated by the City and disposed of without compensation
to the owner(s) thereof.
C.
The City shall not collect the following kinds of waste items and
materials: automotive waste, waste tires, C and D, broken television
computer screens and monitors, special and/or hazardous waste. Such
wastes are the responsibility of the subject property owner and/or
generator of such waste to manage, handle and dispose.
D.
Handling and disposal of specified waste. The following categories
of waste shall be collected by the City only after an appointment
for the collection of same in advance with the City Department of
Public Works and the payment of the fee provided therefor in a schedule
of fees promulgated by the Superintendent of Public Works. Such items
shall be put out for collection no earlier than 6:00 p.m. on the evening
prior to the day of such appointment. Bulk and oversize items, white
goods, wood waste, and unbroken television and computer screens and
monitors, and electronic components.
E.
Wood waste, leaves and tree trimmings. Such materials shall be securely
tied in bundles or bagged to prevent scattering thereof, each of which
bundles shall not contain items exceeding three inches in diameter
nor four feet in length, nor shall any bundle weigh more than 50 pounds.
Wood waste and tree trimmings shall be collected only after an appointment
for collection has been made with the Department of Public Works or
according to a collection schedule established by the Department.
Leaves shall be securely bagged in biodegradable bags weighing no
more than 50 pounds each when full. Material which is loose or otherwise
improperly bundled or bagged shall not be collected by the City.
F.
No item shall be left out for collection, nor shall any such item
be collected, which is in a dangerous, unstable or deteriorated condition,
such that it is crumbling or disintegrating, is composed of or contains
toxic or hazardous substances, has exposed nails or broken glass or
sharp points or edges, or is loose and unconfined and subject to scattering,
or otherwise presents any inherent danger to any member of the public
or to City employees or agents. Anyone leaving such items on the public
sidewalk, gutter or street, and the private owner of adjoining property
if any, or either of them, shall be jointly and severally liable and
responsible for the immediate safe removal of such items from the
sidewalk, gutter or street and for their proper disposal; and for
the costs and expenses if any to the City of Newburgh if the City,
by its agents and employees, should effectuate such removal and disposal;
and for any costs or damages resulting to any individual suffering
injury, damage or loss resulting from the leaving of such items as
aforesaid. This provision shall be in addition to and not instead
of any other requirements or remedies provided by any other law, rule,
regulation or requirement.
A.
Collection of designated materials. The following materials and items
shall not be put out for collection as part of the ordinary stream
of municipal solid waste. Instead, such materials and items shall
be handled, managed and disposed as set forth herein. These provisions
shall be in addition to and not in lieu of all other laws, rules and
regulations governing management and disposal of these materials adopted
and enforced by any and all other regulatory agencies with jurisdiction
thereover. Recyclables shall be set out for collection on the days
and times set forth in the City Code, rules and regulations, and as
determined by the Superintendent of Public Works.
B.
All recyclables shall be put out in two separate containers; one
labeled "paper," and one labeled "mixed recyclables," in compliance
with the rules set forth herein.
C.
Recyclables. The City shall cooperate with the State of New York
and with the County of Orange and shall conform to the practices required
thereby in the handling, separation, bundling and securing, collection
and disposal of all recyclables. Such information and requirements
promulgated by the County of Orange are incorporated by reference
herein. In addition, the following rules and requirements shall be
met.
(1)
All recyclable newspapers and other mixed paper as defined by
the City, county and/or state or other lawful authority shall be placed
for collection in a separate, reusable closed and secure container.
Such container shall include newspapers, white envelopes, white and
colored ledger (office paper), kraft paper, including brown grocery
bags, notebook paper, construction paper, soft-covered workbooks,
telephone books, paperback books, magazines, catalogues, so-called
junk mail, including white and colored envelopes, window envelopes,
coupons, computer printout paper, facsimile and photocopy paper, chipboard
and boxboard, paper egg cartons, including boxes used for cereal,
tissue, prepared food, crackers, pasta products, games and the like,
corrugated paper boxes, and shredded paper contained in paper bags.
Such shall not include any kind or form of plastic bags. Such container
shall be clearly marked as "Paper" recyclables. It shall be permissible
to collapse, bundle, cut or otherwise consolidate corrugated paper,
cartons, chipboard, boxboard and other heavy paper products and set
same out for collection if securely tied together in a bundle which
does not weigh more than 50 pounds and is free of grease, oil and
other food materials or other waste mixed in therewith, and so secured
as to prevent scattering thereof.
(2)
Mixed recyclables shall be placed for collection in a separate,
reusable closed and secure container. Mixed recyclables shall include
clear, green and brown glass bottles, metal cans, including up to
one-gallon clean water-based paint cans, nonhazardous aerosol cans,
plastic containers numbered 1 through 7, milk and juice cartons and
boxes, aluminum foil, aluminum plates and trays, white refrigerated
and frozen food containers and like materials. All must be rinsed,
with caps, lids or rings removed. Mixed recyclables shall not include
any container used for any paint or surface treatment which is not
water based, or any material which is or is mixed with any ashes,
C and D, automotive wastes, hazardous waste or special waste as defined
herein. No mirrors, windowpanes, glass doors, windshields, light bulbs,
ceramics, crystal, Pyrex, dishes, clay or other materials may be mixed
with glass.
(3)
Any changes to the definitions, rules or regulations adopted
by the state, county or City or other lawful authority with respect
to recyclables and their handling, management and disposal shall be
considered to be incorporated herein upon their proper adoption by
such authority.
Building and construction waste shall not be collected or disposed
of by the City. Persons responsible for the generation of such waste,
including property owners, contractors, workers and others, shall
be jointly and severally responsible for the management and disposal
of such waste. In the event the City incurs costs for the management
and disposal of such waste due to the failure of responsible persons
to do so, the City shall have the right to hold each persons jointly
and severally liable to reimburse the City for all such costs.
A.
Waste, garbage, recyclables and other materials referred to in this
article shall be set out for collection only in accordance with the
following rules:
(1)
Such materials shall be set out only if authorized for collection
by the City.
(2)
Such materials shall be placed on the sidewalk only.
(3)
Such materials shall be placed only in front of premises whose owner
has previously given permission to do so.
(4)
Such materials shall be set out for collection no earlier than 6:00
p.m. on the day prior to the day of collection.
(5)
All containers and any uncollected materials shall be returned to
the rear of the properties no later than 6:00 p.m. on the day of collection.
B.
Waste, garbage, recyclables, white goods, bulk and oversize items,
wood wastes and other materials which the City is authorized to collect
shall be collected on days specified by the Superintendent of Public
Works.
C.
The following materials will be collected by the City only upon the
making of an appointment with the Department of Public Works and the
advance payment of the fee prescribed therefor in a schedule of fees
promulgated by the Superintendent of Public Works: white goods, bulk
and oversized items, wood waste, unbroken television and computer
screens and monitors and electronic components.
D.
Garbage shall be contained in securely sealed clear plastic bags
which shall be contained in a securely covered can or container as
specified in this chapter.
E.
Commercial waste will be collected by the City only on such days
and at such times as shall be scheduled by the Superintendent of Public
Works. Premises producing such wastes may set out for collection no
more than three cans or containers on any one collection day. Each
and every such premises setting out such commercial waste shall contain
such waste in securely sealed clear plastic bags which shall be contained
in tightly covered metal or plastic cans, clearly marked with the
address of the premises served thereby; each such metal or plastic
can set out for collection shall not exceed 95 gallons in capacity
and shall not exceed 100 pounds when full.
[Amended 4-22-2019 by Ord. No. 4-2019]
F.
Manufacturing and industrial facilities may not set out any waste
materials whatsoever for collection by the City, but must arrange
for the private collection and disposal of same at no cost to the
City by a private entity properly qualified and licensed as required
by law and by the terms of this chapter.
G.
On any occasion when a day scheduled for regular collection falls
upon a Monday which shall be a public holiday, then the collection
day for same shall be the immediately following Tuesday.
Any commercial or industrial business or multiple residence may use a dumpster as a storage container for waste in lieu of those described in § 183-13 of this article. Such use, whether collection is by the City or a private collector, shall be subject to the following provisions:
A.
No dumpster shall be placed, kept or allowed to remain in any public street or upon a public sidewalk except as provided in Subsection G hereof.
B.
All dumpsters shall have a cover which shall be kept closed except
when the dumpster is in the process of being filled or emptied.
C.
All dumpsters must be secured so as to prevent accidental movement
from their location.
D.
All dumpsters shall be emptied and disinfected regularly. "Regularly"
shall, for the purpose of this section, be interpreted to mean as
often as necessary to prevent the accumulation of garbage from exceeding
the capacity of the dumpster or as often as necessary to prevent the
existence of a health hazard. The Superintendent of Public Works shall
have the power to direct the disinfecting, cleaning or emptying of
any dumpster which he finds to be a hazard to the public health. The
area surrounding each dumpster shall be kept and maintained free of
all garbage, trash and debris at all times.
E.
All dumpsters shall be kept in an enclosure and at least five feet
from all adjoining properties. Such enclosure shall be of sufficient
height to shield the dumpster from public view from the public highway
or street. Where such requirements cannot be met without practical
difficulties, the Superintendent of Public Works shall have the power
to grant, in writing, an exception to this provision and to impose
conditions on said exception.
F.
Any person desiring to maintain or use a dumpster within the City
shall apply to the Superintendent of Public Works for a permit to
do same. Said application shall be upon a form to be provided by the
Department of Public Works and shall be accompanied by a surety bond
issued by a surety company authorized to do business in the State
of New York and in a form to be approved by the Corporation Counsel.
The amount of said bond is to be approved by the Superintendent of
Public Works. The Superintendent of Public Works shall have the discretion
to waive the requirement to provide a surety bond for any applicant
showing good cause why such requirement should be waived.
G.
Any person desiring to use a dumpster for purposes of a construction or demolition job shall make application as provided in Subsection F of this section. Upon a showing of practical necessity, the Superintendent of Public Works may permit the placement of such a dumpster upon the streets or sidewalks of the City and may set reasonable conditions on said placement. Such conditions must include the marking of said dumpster with sufficient reflectors or lights if it is to be placed upon a public street or sidewalk and a time limit on such placing. All provisions of this section shall apply to said dumpsters, except Subsections A and E, for which the Superintendent of Public Works may specifically grant an exception subject to reasonable conditions.
H.
The City shall not be responsible for damage caused to any dumpster
during the normal emptying of said dumpster during collection.
A.
Authority. Private parties may be authorized by the City Manager
to collect industrial, commercial or residential wastes and recyclables
at no cost to the City, provided that such collection is performed
in accordance with the provisions of this article and produces no
objectionable conditions in and on the streets of the City.
B.
Licensing. Private collectors shall, before engaging in such business, be licensed by the City Manager and shall conform to rules and regulations adopted by him which will guarantee the safe and sanitary transportation of materials and recyclables through the City and to the provisions of this chapter. Each vehicle used in such services must be licensed pursuant to this section. The term of the license shall commence on June 1 and expire on May 31 of the year following. A fee, as set forth in Chapter 163, Fees, of this Code for each vehicle shall be payable to the City Clerk prior to the issuance of a license. A license may be revoked by the City Manager after a hearing and upon evidence that a licensee's collection or disposal is not in conformity with the requirements of this chapter or such further rules and regulations as may be adopted.
Private scavenging of or through waste set out for collection
on the streets of the City or on private property adjacent thereto
is prohibited.
A.
No person shall operate and no owner shall permit to be operated
on his property any commercial use which would bring such property
within the definitions of "commercial property" as defined herein
without first having obtained a written permit from the Superintendent
indicating that arrangements have been made with a private waste collection
provider who is fully qualified, permitted, authorized and licensed
under all applicable state and local laws, rules and regulations for
the collection of wastes generated by said commercial property.
B.
The application for such permit shall contain the following information
and any other information deemed necessary by the Superintendent:
(1)
The name and address of the person operating this commercial use.
(2)
The name and address of the owner of the commercial property.
(3)
The nature of the commercial use.
(4)
The name and address of all private entities providing said sanitation
service, and if different, the name and address of the company collecting
and transporting commercial waste from the premises.
C.
A fee as set forth in Chapter 163, Fees, of this Code shall be submitted with each application for such permit.
[Amended 6-14-2010 by Ord. No. 10-2010]
D.
The permit shall be issued for a term of one year. A new application
shall be filed each year, or more frequently whenever the company
providing such service is changed.
E.
The issued permit shall be on a form provided by the Superintendent and shall cite the name of the commercial user, the location of the commercial property and the name of all persons or entities collecting commercial waste from said commercial property. The permit shall be prominently posted at the commercial property, to be visible from the public street. The specific location of posting is to be determined by the Superintendent. No permit shall be issued unless the person collecting said waste has a license issued pursuant to § 183-16 of this article. The permit shall not be transferable.
F.
Any person who operates a commercial use without obtaining a sanitation
permit or who knowingly permits a commercial use to operate on his
property without a sanitation permit or who fails to post a sanitation
permit shall be guilty of a violation.
A.
No person shall place waste, trash, ashes, garbage or recyclables
on any public street, sidewalk or property in the City or on any private
property within the City for collection unless it is placed there
pursuant to the provisions of this chapter.
B.
No person shall collect any waste, trash, ashes, recyclables or garbage
from any commercial property that does not have a permit issued pursuant
to this chapter and other provisions of the Code of Ordinances. No
City employee shall collect waste from any property that is not listed
on the records of the Superintendent as having collection by the City.
No person other than the City of Newburgh shall collect or transport any residential waste, garbage, trash, ashes or recyclables generated by any residential property originating within the City, provided that a private collector, licensed pursuant to § 183-16 of this article, may collect, transport and dispose of such residential waste or recyclables generated by any residential structure or complex located on a single site that consists of in excess of 30 dwelling units under common ownership or under the control of a single condominium or cooperative corporation. The storage, collection and transportation of all residential waste or recyclables, whether collected by the City or by a licensed private hauler, shall be in accordance with this Code, the regulations of the City Manager and all other applicable laws, codes or regulations.
A.
All residential waste generated within the City, except that which is collected by private carters pursuant to § 183-20 of this article, shall be collected by the City Bureau of Sanitation or the Department of Public Works, and the owner of the property from which said waste is generated and collected shall pay the service charge for such collection established by § C9.33 of the City Charter.
B.
It shall be the affirmative duty of the owner of every piece of real
property in the City to provide for the collection and removal of
wastes generated thereon from said property as provided for herein.
The failure to continuously so provide for such removal shall be a
violation. Each day for which there is no such provision made for
servicing said property during a period when City collection has not
been provided for and paid for shall be a separate violation.
A.
Any person making a false statement on any application made pursuant
to this article, or on any report made, or who shall violate any of
the provisions of this chapter or fail to comply therewith or who
shall violate or fail to comply with any order made thereunder shall
be punished as provided herein for violation of this chapter of the
Code of Ordinances of the City of Newburgh as follows:
(1)
Be prosecuted as a violation as that term is defined in the Penal
Law of the State of New York, as amended from time to time, and shall
be punished by a fine of not less than $100 but not exceeding $250
or by imprisonment for a term not exceeding 15 days, or both for a
first offense. For a second offense, the penalty shall be a fine of
not less than $250 nor more than $500 or imprisonment for a term not
exceeding 30 days, or both. For a third and for each additional violation
thereafter, the penalty shall be a fine of not less than $500 nor
more than $1,000 or imprisonment for a term of 60 days, or both. Each
day any violation of any provisions of this Code or of any ordinance
or local law shall continue shall constitute a separate offense; or,
at the discretion of the enforcing officer, such violation may also:
B.
The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects. Each
day that prohibited conditions exist shall constitute a separate offense.
C.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
