Chapter 155 Solid Waste

It is the purpose of this article to provide for the protection of the public health, safety and general welfare of the people of the City of Lockport by establishing rules and regulations governing:

The generation, separation, storage, collection, transportation, processing and disposal of refuse and recyclables within the City limits;

Residential, commercial and institutional refuse and recyclable management;

Licensure of refuse and recyclable collectors; and

The preparation, collection, transportation and disposal of refuse and recyclable items in accordance with all state laws.

Methods of solid waste management emphasizing source reduction, reuse and recycling are essential in Lockport for long term preservation of public health, economic productivity and the environment quality.

This article is adopted pursuant to General Municipal Law § 120-aa.

AUTHORIZED RECYCLING FACILITY

This article shall be known as the "Refuse and Recyclable Code."

Definitions. As used in this article, the following terms shall have the meanings ascribed to them:

ADMINISTRATIVE FEE

Fees charged to users for administration and enforcement of this article.

ASHES

The residue of the combustion of solid fuels.

A permitted or specifically exempt facility or facilities for processing, reprocessing and/or recycling recyclable materials as defined herein or listed in the rules and regulations promulgated by the City Clerk. This term shall exclude incineration facilities, waste-to-energy facilities and landfills.

BUILDING REFUSE/CONSTRUCTION WASTE

Any and all refuse or residue resulting from building construction, reconstruction, repair or demolition; from grading, shrubbing or other incidental work in connection with any premises; or from replacement of building equipment or appliances, which work is performed by the owner or resident.

BULK SOLID WASTE

Solid waste which is too large or too heavy to place inside a City-issued refuse cart. The term includes discarded small household furniture, bedding and mattresses, hot-water tanks, carpet (maximum three rolls, each no larger than four feet long and 18 inches wide. This will also include large appliances, to include stoves, refrigerators, dishwashers, dryers, washing machines, scrap metal and other large appliances.

CENTRAL BUSINESS DISTRICT

This term does not include air conditioners, microwave-emitting equipment, microwave ovens, regulated material, hazardous, regulated medical and infectious waste.

That collection area between and including Washburn Street and South Transit Street and Walnut Street and Main Street.

CITY

The City of Lockport, a municipal corporation incorporated in 1856 pursuant to the laws of the State of New York.

CITY DISPOSAL STICKER/TAG

A sticker or tag available from the City or its agents which shall bear an identification mark established by the City.

CITY-ISSUED CONTAINER

A roll-away (wheeled) refuse cart issued by the City to property owners or their representatives, capable of semi-automated and or automated refuse collection, for the sole purpose of storage, collection and disposal of source-separated solid waste.

CITY STICKER ITEMS

Refuse bags not exceeding 33 gallons.

COMMENCEMENT DATE

August 1, 2011.

COMMERCIAL REFUSE

Any producer of solid waste other than single-family, two-family, three-family or four-family producer, including multifamily, businesses, schools, churches, post offices, restaurants, governmental properties, institutional properties, parking lots, parking garages and parking ramps. Commercial refuse excludes all hazardous, regulated medical and infectious waste.

COMMERCIAL REFUSE COLLECTOR

A person or company engaged in the business of collection, removal, transportation or disposal of residential, commercial, and institutional refuse.

COMMERCIAL REFUSE MANAGEMENT

The purposeful, systematic control of the generation, separation, storage, collection, processing and disposal of residential, commercial and institutional refuse.

COMMERCIAL USER

Any producer of solid waste other than single-, double-, triple- or four-family producer, institutional waste and industrial waste, including multifamily, businesses, schools, churches, post offices, restaurants, parking lots, parking garages and parking ramps.

COMMINGLED RECYCLABLES

Mixed recyclable materials separated from MSW at the point of generation.

COMPOSTING

A controlled microbial degradation of organic waste yielding a nuisance-free product of potential value as a soil conditioner.

CONSTRUCTION WASTE

See "building refuse" above.

COLLECTOR

The company under contract with the City that is engaged in the business of collection, removal, transportation or disposal of residential, commercial, and institutional refuse and recyclables.

CURBSIDE COLLECTION

The collection at individual households, institutions and commercial buildings by a collector or independent collector, for subsequent transport to the management facility.

DEAD ANIMALS

Dead animals or parts of animals from slaughterhouses are not included in this category.

DEFAULT SERVICE

Residential properties (single-, double- and triple-family parcels) that do not respond to the cart survey within 14 days of issuance.

DIRECTOR

The City Clerk or the Mayor's designee.

DOUBLE/TWO-FAMILY PARCEL

A person who owns or occupies an improved parcel of land in the City which is designated for or occupied by a residential use with two dwelling units.

ELECTRONIC WASTE (E-WASTE)

Any discarded electronic or electrical devices or their parts.

FACILITY

The structures, land, and other improvements on the land, used for treating, sorting, or disposing of waste. A facility may consist of several treatment, storage, or disposal operational units.

FOUR-FAMILY RESIDENCE

A person who owns or occupies an improved parcel of land in the City which is designated for or occupied by a residential use with four dwelling units.

GARBAGE RECEPTACLE

A permanent container made of metal or vinyl which is provided with a tight-fitting cover and appropriate handles, or a disposable plastic garbage bag which, when closed by lacing, is of sufficient strength to prevent breakage.

HAZARDOUS WASTE

A solid waste or combination of solid wastes which, because of its quantity, concentration or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed. From a regulatory standpoint, hazardous waste is defined on a basis of regulations in the Resource Conservation and Recovery Act administered by the USEPA.

HEAVY PICKUP

Includes but is not limited to large household furnishings, major appliances, tree trunks, construction debris, large bulky items or items over 50 pounds in weight and lawn mowers.

INDEPENDENT COLLECTOR

A person or company not under contract with the City that is engaged in the business, licensed and authorized by the Director to collection, removal, transportation or disposal of residential, commercial, and institutional refuse and recyclables.

INDUSTRIAL USER

Any producer of solid waste other than single-, double- or triple-family producer, commercial, and institutional users.

INDUSTRIAL WASTE

Any and all residue resulting directly from industrial or manufacturing operations. It shall not include refuse originating from office operations of an industrial establishment, nor shall it include refuse resulting from the commercial operations of persons, firms or corporations engaged in the construction of buildings, the repairing of streets and buildings, demolition or excavation. Residue or waste resulting from tree or landscaping services shall also be excluded. Industrial waste excludes all hazardous, regulated medical and infectious waste.

INFECTIOUS WASTE

Includes but is not limited to human and animal surgical wastes, blood and blood product wastes, human tissue or parts. Biological waste products and laboratory wastes which have come in contact with pathogenic organisms generated by organizations such as medical institutions, biological research organizations, laboratories and hospitals.

INSTITUTIONAL REFUSE

Refuse originating in and around governmental institutions, tax-exempt hospitals and public, charitable, philanthropic or religious institutions. All refuse from institutions not included in this definition shall be considered commercial refuse. Institutional waste excludes all hazardous, regulated medical and infectious waste.

INTEGRATED WASTE MANAGEMENT

Coordinated use of a hierarchy of management methods, including recycling, composting, incineration, and land filling.

LANDSCAPE WASTE

All accumulations of grass or shrubbery cuttings, leaves, tree branches, and other materials accumulated as the result of the care of the lawn, shrubbery, vines and trees.

LARGE HOUSEHOLD FURNISHINGS

All other large and/or bulky articles actually used in the home which equip it for living (such as chairs, sofas, tables, beds, carpets, etc.)

LICENSED COMMERCIAL REFUSE AND/OR RECYCLABLE COLLECTOR

A commercial refuse and/or recyclable collector licensed in accordance with New York State Department of Environmental Conservation.

LITTERING

Dumping, throwing, placing, depositing or leaving, or causing to be dumped, thrown, deposited or left, any refuse of any kind or any object or substance which tends to pollute, mar or deface, into, upon or about:

Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water, except by direction of the City of Lockport; or

MATERIALS RECOVERY FACILITY (MRF)

Any private property without the consent of the owner or occupant of such property.

MAJOR APPLIANCES

A large and/or bulky household mechanism (as a refrigerator, washer, dryer, stove, etc.) ordinarily operated by gas or electric current.

A materials recovery facility.

MULTIFAMILY USER

A person who owns or occupies an improved parcel of land in the City of Lockport which is designated for or occupied by a residential use with four or more dwelling units.

MULTIFAMILY COMPLEX

Four or more residential units that are either attached or detached on a single parcel of land.

NONRECYCLABLE MATERIAL

That portion of the waste stream not included under the definition of "recyclables" and not treated or separated as hazardous waste under § 27-0903 of the New York State Environmental Conservation Law, source, special nuclear or by-product material as defined in the United States Atomic Energy Act of 1954, or low-level radioactive waste as defined in § 29-0101 of the New York State Environmental Conservation Law.

Garbage: putrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and serving of foods. Garbage originates primarily in home kitchens, stores, markets, restaurants and other places where food is stored, prepared or served.

Rubbish: rags, sweepings, excelsior, rubber, leather, crockery, shells, clothing, dirt, filth, ashes, wastepaper and similar waste material.

Construction and demolition debris: waste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving material and tree or brush stumps.

OTHER RECOVERABLE MATERIALS

Medical and infectious waste: as that term is defined herein.

Styrofoam.

Propane tanks.

Paint cans.

Flammable liquids.

Household cleaners.

Chemicals dry or liquid.

Wood items.

Concrete.

Garden hose.

Electrical cords.

NONRESIDENTIAL PRODUCERS

Any producer of solid waste other than a residential producer, including but not limited to commercial or industrial businesses, schools, churches, post offices, restaurants and multifamily residential units containing three or more apartments.

OCCUPANT

An owner occupying premises which he or she owns or controls or a tenant or renter of such premises.

Any material, substance, by-product, compound or any other item generated or originated within the City and separated from solid waste at the point of generation for separate collection, sale, external reuse or reprocessing and/or disposition other than by disposal in landfills, sewage treatment plants or incinerators. Other recoverable materials do not include recyclable materials as defined herein. Other recoverable materials excludes all hazardous, regulated medical and infectious waste.

OWNER

The owner of premises within the City or another person who has agreed to be the owner's agent for purposes of fulfilling the owner's obligations under this code.

PARCEL

A single address or location that may have a single-, two- or three-family residency, commercial business or institution that requires collection of solid waste and recyclables.

PERSON

Any natural person, partnership, association, joint venture, corporation, estate, trust, association, improvement district, governmental entity or other legal entity.

PREMISES

A building or group of buildings constituting a single property and the lot or parcel of land on which such building or buildings are located.

REAR YARD

A yard extending between the side lot lines of a lot and situated between the rear lot line and the rear line of the principal building or use, projected to the side lot lines; in a corner lot, a yard extending between the interior side lot line and the exterior side yard and situated between the rear lot line and the rear line of the principal building or use, projected to the interior side lot line and exterior side yard.

RECYCLABLE MATERIAL

Any solid waste generated or originated within the City as designated in the rules and regulations promulgated hereunder and defined by the most-current recycling menu issued by the contractor, including but not limited to:

Aluminum cans: containers fabricated primarily of aluminum and commonly used for soda, beer or other beverages.

Kitchen cookware: metal pots, pans, tins and utensils.

Steel and tin cans: empty cans only.

Glass: clear or colored jars, bottles and containers which are primarily used for packaging and bottling of various matters.

Newspaper: the common, inexpensive machine-finished paper made chiefly from wood pulp used for newspapers without bags, strings or rubber bands.

Paper board: wood-pulp-based material without any wax coating such as cardboard, pizza boxes and paper bags.

Office paper and junk mail: envelopes, flyers, brochures and postcards.

Phone books: all types and sizes.

(9)

Magazines and catalogs: all types and sizes.

(10)

Milk and juice cartons: empty containers only.

(11)

Plastic containers: containers used primarily for laundry products, dishwashing detergents, milk, water most common being PET (polyethylene terephthalate) and HDPE (high-density polyethylene) but may selectively include other common plastic resin types.

RECYCLING CONTAINER

A bin, roll-away cart or other container set at curbside, supplied by the City or designee of the City, for use by waste generators within the City, which is readily identifiable by a hauler as a container for recyclable materials. Containers supplied by the City designee shall be used exclusively for the storage and collection of recyclables pursuant to a City-sponsored recycling program, and such containers shall, at all times, remain the property of the City.

RECYCLING or RECYCLED

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 as raw materials.

REFUSE

Solid waste generated at residences, commercial establishments, and institutions. Means garbage, refuse or other waste, and other material resulting from residential dwellings or establishments and existing public areas which are not defined as recyclables or landscape waste.

RESIDENTIAL BUILDING REFUSE

Excluded from the definition of refuse (municipal solid waste) are the following which the collector shall have no obligation to accept or process (herein the "excluded wastes"): any radioactive, volatile, highly flammable, explosive, toxic, biomedical, or hazardous material or any other waste or material not meeting the requirements of this article. The term "hazardous material" shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency of jurisdiction. However, it is reasonable to expect that there is a chance of accidental mixing of such waste with the normal refuse stream.

REFUSE CART

See City-Issued container.

REFUSE MANAGEMENT

The purposeful, systematic control of the generation, separation, storage, collection, transportation, processing and disposal of refuse generated by residential and commercial users.

Any and all refuse or residue resulting from building construction, reconstruction, repair or demolition or other incidental work in connection with any premises; or from replacement of building equipment or appliances, which work is performed by the owner or resident.

RESIDENTIAL REFUSE

Refuse originating in and around single-family residences, two-family residences, and three-family residences.

RESIDENTIAL USER

A person who owns or occupies an improved parcel of land in the City of Lockport which is designed for or occupied by a residential use with three or fewer dwelling units. This term includes, but is not limited to, vacant lots and two residential structures on one parcel. Also, those persons, owners or occupants of single-family, two-family or three-family dwelling units which produce solid waste and are used exclusively for residential purposes.

SCAVENGING

The uncontrolled removal of materials at any point in waste management.

SEPARATE AND ADDITIONAL COLLECTION SERVICE

Residents desirous of disposing quantities of refuse may separately contract with City-approved hauler using additional container service rates included in this article.

SINGLE STREAM RECYCLING

A system in which all paper fibers and containers (glass, plastic, aluminum) are mixed together in the same receptacle for recycling.

SOLID WASTE

Includes but is not limited to garbage, refuse, nonrecyclable rubbish, recyclable rubbish, construction debris, major appliances, large household furnishings, brush and tree parts.

SOURCE SEPARATION

The segregation of recyclables and other recoverable materials from nonrecyclable solid waste at the point of generation for separate collection, donations, sale or other disposition.

STRANDED COSTS

The City's investment in education, research, technology, capital, equipment and infrastructure for the refuse and recycling program.

TAGGED ITEM

See "City disposal sticker."

THREE-FAMILY RESIDENCE/UNIT

A person who owns or occupies an improved parcel of land in the City which is designated for or occupied by a residential use with three dwellings.

TRANSFER STATION

A location where certain types of waste can be temporarily stored, in between being dropped off by domestic waste collection lorries and being carried off by larger vehicles for subsequent treatment and ultimate disposal.

TREE PARTS

Cuttings from shrubs, hedges and trees which are more than four inches in diameter.

TWO-FAMILY RESIDENCE/UNIT

A person who owns or occupies an improved parcel of land in the City which is designated for or occupied by a residential use with two dwelling units.

USER

An occupant, owner, parcel, person or premises within the City of Lockport who subscribes to City Refuse and Recycling Program and uses City disposal stickers or tags in accordance with the rules.

VARIABLE CART SELECTION OPTIONS

Single-, two-, three- and four-family residents/units and individual tenants who have the option to select from three varying capacities for disposal of solid waste on a weekly collection schedule.

WASTE STREAM REDUCTION PROGRAM

Programs designed to reduce the volume of solid waste, to enhance reclamation and recovery of solid waste or recyclables otherwise destined for the municipal waste stream, and includes recycling programs; changes to the packaging portion of the waste stream to reduce solid waste generated; and activities and enterprises of scrap dealers.

YARD WASTE

Compost material, organic yard and garden waste, leaves, grass clippings and brush. This term does not include regulated material.

Duties and powers of the City Clerk.

The Director of Refuse and Recycling, in addition to other powers cited in this article, shall have the authority and responsibility to:

Enforce all provisions of applicable state and local laws regulating residential, commercial, institutional and industrial refuse and recycling licensure, collection and management in the City of Lockport.

Subject to Common Council approval promulgate rules and regulations regarding the methods of collection of residential, commercial, and institutional and recyclables.

Subject to Common Council approval set fees for residential, commercial, and institutional users in the City of Lockport.

Subject to Common Council approval set rules and regulations governing exemptions to this article.

(e)

Subject to Common Council approval add to or delete from the list of items to be recycled and establish rules and regulations regarding the separation, preparation, collection, transport and disposal of recyclables.

(f)

Abate any refuse-related health hazard or public nuisance and charge the property owner the cost of the abatement. Unpaid charges shall be the personal liability of the owner and shall be a lien upon the real property upon which such hazard or nuisance was found in accordance with § 155-6 below.

§ 155-2 Refuse.

Public collection and disposal of refuse.

All residential refuse originating in the City will be collected by the collector under contract with the City as further delineated in this code. Such refuse shall be stored and prepared for collection by property owners and occupants in accordance with the provisions of this code.

The collector may collect and dispose of commercial, institutional refuse originating in the City as further delineated by this article.

The collector shall not collect industrial, infectious or hazardous refuse/waste.

The collector shall collect residential refuse, and from commercial and institutional users that elect to participate in the program, at a minimum of once per week.

Refuse collection at a frequency greater than once per week will be handled on a case-by-case basis. User fees shall be charged consistent with the frequency of collection.

Single-, double-, triple- and four-family units may place bulk solid waste out once per month at a date established by the collector.

Commercial, institutional and industrial users must provide for the lawful collection and disposal of refuse.

Commercial and institutional users who do not produce industrial waste may elect to be serviced exclusively by the collector under contract with the City or may be serviced by an independent refuse collector.

(9)

Commercial and institutional users not serviced exclusively by the collector under contract with the City must establish to the satisfaction of the City Clerk that an independent commercial refuse collector is providing collection and disposal services for the commercial or institutional user and that refuse collection is being made at a frequency determined by the City Clerk to be consistent with public health requirements. Failure to provide for adequate collection and disposal services or to provide satisfactory proof to the Director shall constitute a violation.

(10)

Commercial and institutional users who elect to be serviced exclusively by an independent commercial refuse collector or commercial or institutional users who have had public collection service discontinued shall provide commercial containers or alternate containers sufficient in number to hold all refuse accumulating between scheduled refuse collections and shall not allow refuse to be stored or to accumulate on their property. Any substantial accumulation of refuse or waste is hereby declared to be a sanitary health hazard and a public nuisance.

(11)

The Director shall have the authority to abate any sanitary health hazard or public nuisance and to impose the fees, charges and penalties of this article as well as the cost of disposal for such abatement.

(12)

Commercial and institutional users who produce industrial waste must be serviced exclusively by licensed commercial refuse collector unless the owner establishes to the Director's satisfaction that such exclusive service is impracticable and the user will not offer industrial waste for City collection.

(13)

No person or company, except the collector or its designee, or an independent collector approved by the Director, shall engage in the collection of residential refuse placed between the sidewalk and curb by residential users for public collection.

(14)

The City of Lockport will not collect or remove brush or tree parts produced by commercial contractors. Brush and tree parts produced by commercial contractors must be removed from the premises by the contractor or by the owner or occupant of the premises.

(15)

City employees, equipment or collector shall not enter private property or structures in making collections unless it can be demonstrated that it is in the best interest of the City and more feasible to enter certain private property to make collection. When it is determined that City employees will enter private property in making collections, the owner of said private property must execute a release and hold harmless agreement with the City of Lockport releasing the City of Lockport from any liability as a result of entering the property as well as holding the City harmless against any claims made against the City.

(16)

The City shall have no obligation to pick up and remove any solid waste which was not used in a residence or produced by the resident of the City of Lockport.

(17)

Vehicular tires and tire casing will not be picked up or removed by the City of Lockport or any agency thereof. The City of Lockport will dispose of unmounted passenger vehicular tires for a charge per tire, if said tires are dropped off to the Department of Public Works garage, said charge to be determined by the Department of Public Works.

(18)

It shall be the duty of every person, owner or occupant of every dwelling within the City to keep the public sidewalk and area between the public sidewalk and street free and clear of all kinds of solid waste.

(19)

All items, in order for collection, must be placed three to five feet from the street's edge, with latch bar facing the street.

(20)

No person shall cart to, dump, burn, deposit or otherwise dispose of or cause to be carted, dumped, burned, deposited or otherwise disposed of any solid waste upon any public highway, street or other public place or upon any private property except as provided in this article.

Residential refuse containers.

The City will provide City-issued container for the sole purpose of refuse storage and collection as follows:

Single-family unit. The user will select from three varying refuse containers capacities: 35 gallons, 64 gallons and 96 gallons. Only multiple ninety-six-gallon containers are permitted, and no single-family unit shall exceed four ninety-six-gallon containers.

Two-family unit. Users will select two container sizes of varying capacity (35 gallons, 64 gallons and 96 gallons). No two-family units shall exceed four ninety-six-gallon containers.

Three-family units. Users must select a minimum of two ninety-six-gallon refuse carts, and no three-family units shall exceed four ninety-six-gallon containers.

Four-family units. The user must select a minimum of three ninety-six-gallon refuse carts, and no four-family units shall exceed four ninety-six-gallon containers. In the alternative, the four-family units may opt out of the program and contract with another private collector.

The City will provide replacement City-issued containers to users as necessary. The City reserves the rights to charge users a replacement fee for these containers equal to the cost of a new container, in accordance with rules and regulations established by the Director.

The City-issued container is owned by the City, shall remain at the premises, and shall be used solely for the purpose of storage and collection of refuse.

Disposable plastic bags may be placed adjacent to the City-issued refuse carts which are waterproof, strong, and securely tied, and do not exceed more than 30 pounds in weight (each) and have affixed City-issued tags or stickers. However, glass and other objects in refuse that are sharp or that could cause injury shall not be placed in plastic bags. The Director is authorized to revoke the use of plastic bags where safety and health conditions warrant. Only single-, two-, three- and four-family units subscribing to refuse collection services are permitted to purchase additional tags for use.

Single-, two-, three- and four-family units may place one bulk item per unit at the curb at a monthly frequency (first collection of the month). Bulk items must be placed in a location that does not impede with the collection of the refuse or recycling receptacles. Users are responsible for removing refrigerant, must present adequate information indicating refrigerant has been removed and the door shall be removed.

Single-, two-, three- and four-family users/units and individual tenants who have the option to select from three varying capacities for disposal of solid waste on a weekly collection schedule.

Single-family: single container service of thirty-five-, sixty-four- or ninety-six-gallon capacity. Multiple-container service will not exceed four total ninety-six-gallon carts. Only ninety-six-gallon carts are available for multiple-container service.

Two families: users may select two individual container sizes (35, 64 or 96 gallons). Service selection greater than two refuse carts will default to three ninety-six-gallon refuse carts. Multiple container service is not to exceed four total ninety-six-gallon carts.

Three families: All units must subscribe to a minimum of two ninety-six-gallon refuse cart service, not to exceed four total ninety-six-gallon carts.

Four-family units must either present appropriate documentation of service contract engagement to the City or select a minimum of three ninety-six-gallon refuse cart service.

Commercial and institutional refuse containers.

Commercial and institutional users must adhere to this article and shall have the option to select up to four ninety-six-gallon containers.

Commercial and institutional users must have a sufficient number of receptacles to hold all solid waste accumulated between scheduled collections and shall not allow solid waste to be sorted or to accumulate on their property in a manner or amount contrary to the rules and regulations of the City's code. No property shall have more than four ninety-six-gallon refuse carts for collection.

Storage of refuse and recyclables.

No refuse or recyclable shall be placed or stored on any premises within the City except as permitted by this article.

Residential refuse and recyclables shall be deposited promptly and stored in City-issued containers or plastic bags as set forth in this article.

Commercial and institutional refuse and recyclables shall be deposited promptly and stored in City-issued containers or commercial containers as authorized by this article.

All refuse and recyclable containers, receptacles, bags and bundles shall be stored in the rear or side yard, as that term is defined in the Lockport City Code, and shall not be stored in the front yard of any residence, business, commercial or industrial site, except when placed at the curbline for collection.

Refuse and recyclables shall be stored in a manner so as not to create a health hazard or public nuisance.

Any substantial accumulation of refuse or recyclables is hereby declared to be a sanitary health hazard and a public nuisance.

Refuse and recyclables shall not be placed or stored in the street, sidewalk or in any public place except as authorized by this article.

The Director shall have the authority to abate any emergency sanitary health hazard or public nuisance and to impose the fees, charges and penalties as set forth in this article as well as the cost of disposal for such abatement.

Preparation of refuse for collection.

A user who places items at the curb for collection and disposal by the City of Lockport shall separate garbage and nonrecyclable material from recyclable material and prepare the same for collection and disposal in accordance with this article.

Refuse offered for collection shall be prepared for collection by the user and/or occupant of the premises as provided in this section.

The placement of refuse for collection in front of the premises other than a premises at which the refuse originated constitutes illegal dumping and is prohibited by this code.

All residential, commercial and institutional refuse shall be placed for collection between the sidewalk and the curb or alongside the roadway in front of the premises at a distance between three and five feet from the street edge, at which the refuse originated, in an area free of snow to allow for the placement of the owners'/occupants' refuse and recycling containers no earlier than 24 hours before the scheduled refuse and recycling collection day.

Any and all brush and tree parts produced by the individual activity or efforts of the owner or occupant of the premises shall be in bundles not exceeding four feet in length and 50 pounds in weight. The bundles or packages shall be placed at the curb in a reasonable manner to permit ease of handling by one man. Leaves may be left in loose piles at the curb or alongside the roadway for collection by the City sometime between October 15 and November 30 of each year.

City-issued containers must not be filled over their level capacity. City-issued containers placed at the street edge must have lids completely closed.

All commercial and institutional refuse shall be properly deposited in City-issued containers or commercial containers for collection by either the collector or an independent collector as set forth in this code.

All containers shall be removed from the area between the sidewalk and the curb or alongside the roadway within 24 hours after collection and returned to their storage area at the rear or side yard of the premises as defined above.

(9)

The Mayor, Director or Common Council is hereby authorized to grant an exemption from the curbside or roadside collection requirements to any person who is physically unable to deliver the refuse to the curbside or roadside and who lives alone or in a house where no other person is able to deliver the refuse to the curbside or roadside.

Responsibility of owners and landlords.

Owners of premises shall be responsible for compliance with the provisions of this article and shall remain responsible therefor regardless of the fact that this code may also place certain responsibilities on occupants and regardless of any agreements between owners or occupants as to which party shall assume such responsibility.

Owners of rental property located in the City shall provide to the tenant a document specifying the requirements that the tenant shall meet as to the storage and disposal of refuse and the legal penalties for violation of those requirements.

§ 155-3 Recyclables.

Public collection of recyclables.

Every residential user and commercial or institution user that elects to participate in the City's program shall be issued a recyclable container as set forth herein.

The collector shall collect recyclables from its residential, commercial and institutional refuse customers and deliver them to an authorized recycling facility as further limited by this code.

Recyclables shall be stored and prepared for collection according to the provisions of this article.

The frequency and amount of recyclables a residential user, commercial or institutional user that elects to participate in the City's program shall be at the residential user's or commercial/institutional user's sole discretion.

Preparation of recyclables.

Recyclables shall be prepared for collection according to the rules and regulations established by the Director subject to the approval of the Common Council.

All residential users and commercial or institutional users shall place recyclable containers for collection between the sidewalk and the curb or alongside the roadway in front of the premises at a distance between three and five feet from the street edge, at which the refuse originated, in an area free of snow no earlier than 24 hours before the scheduled refuse and recycling collection day.

Recycling containers shall be removed from the curb no later than 24 hours after collection and returned to their storage area at the rear or side yard of the premises as defined above.

Only recyclables as delineated in the rules and regulations shall be placed in the recycling container.

Materials placed in the recycling container which are improperly prepared and/or which are deemed not recyclable will be issued a warning by the collector and the failure by the user to cure such defect shall be considered in violation of this code and subject to the fines and penalties provided herein.

Large appliances to be collected as bulk shall also be placed between the sidewalk and the curb and shall not be used as containers for refuse. All locking mechanisms shall be disabled or doors removed before such items are placed out for collection.

Bulk solid waste as defined above originating in the City will be collected at a frequency determined by the Common Council.

Ownership. Recyclable materials placed between the sidewalk and the curb for collection immediately become the property of the City with the exception of the owner/occupant and may not be scavenged.

Residential collection of recyclables.

The collector shall collect properly prepared recyclables placed at the curb from all of its residential producers/users and commercial and institutional users who elect to participate in the City program on the same day it collects residential refuse at intervals determined by the Common Council.

The City will deliver collected recyclable materials to an authorized recycling facility.

Residential properties (single-, double- and triple-family parcels that do not respond to the cart survey within 14 days of issuance, will automatically default to:

Single family: one ninety-six-gallon refuse cart.

Double family: two ninety-six-gallon refuse carts.

Triple family: three ninety-six-gallon refuse carts.

Four family: four ninety-six-gallon refuse carts or present to the City Clerk appropriate documentation of a service contract engagement with another hauler.

Recyclables containers.

The City will provide one sixty-four-gallon recycling container to a single-family unit and one ninety-six-gallon recycling container to a two- three- or four-family unit at no extra charge.

The City will provide replacement recycling containers to residents as necessary. The City reserves the right to charge property owners a replacement fee for these containers equal to the cost of a new recycling container, in accordance with rules and regulations established by the Director.

The recycling container is owned by the City, shall remain at the premises and shall be used for the sole purpose of storage and collection of recyclables. The property owner bears the responsibility for the proper use, storage and care of the recycling container.

The City will provide additional recycling containers to residents who request one or increase capacity.

Commercial and institutional recyclables.

Commercial and institutional users shall provide for the lawful collection and disposal of recyclables. Every commercial or institutional user that elects to participate in the City's program shall be issued a recyclable container as set forth herein, The collector shall collect recyclables from commercial and institutional customers and deliver them to an authorized recycling facility as further limited by this code. Such recyclables shall be stored and prepared for collection by property owners and occupants (residential and commercial users) according to the provisions of this article. The frequency and amount of recyclables shall be at the commercial or institutional producer's sole discretion.

It is the responsibility of the commercial and institutional user to identify any items designated as recyclable in this article and/or in the rules and regulations adopted by the Common Council and to prepare a plan for the collection of its recyclables subject to approval by the Director. Failure to do so will be considered a violation of this article and will be subject to the fines and penalties provided herein.

The City shall offer recycling collection to all of its commercial and institutional users.

Commercial and institutional users may develop an alternate plan for the collection of recyclable materials. Such a plan must be consistent with all of the provisions of this article and is subject to approval by the Director.

All independent collectors shall offer commercial recycling service to all of their commercial and institutional users, either directly or through an authorized agent. Such recycling must be in accordance with this code and with the rules and regulations established by the Director subject to the approval of the Common Council.

All independent collectors shall deliver collected recyclables to an authorized recycling facility.

§ 155-4 Residential, commercial and institutional user fees.

The Director shall have the authority to abate any emergency sanitary health hazard or public nuisance and to impose the fees, charges and penalties of this code as well as the cost of disposal for such abatement.

Tenant responsibility for recycling. Notwithstanding the provisions above, a property owner may apply to the Director for approval of a waiver of primary responsibility for compliance with recycling laws, rules and regulations, provided that such property owner shall furnish to the Director adequate proof, as promulgated by the Director in rules and regulations governing recycling, that the tenants have assumed responsibility for compliance with recycling laws, rules and regulations. This approval may be revoked by the Director in accordance with promulgated rules and regulations.

Exemption for requirement to recycle. The Mayor, Director and Common Council are hereby authorized to grant exemptions from compliance with recycling laws to any person with a physical disability or age and who lives alone or in a house where no other person is able to carry the recycling container to the curb.

Authorization to advance moneys from General Fund to Special Revenue Fund-Recycling and Refuse. The City of Lockport is hereby authorized to advance from the City of Lockport 2011 General Fund such sums of funding to the City of Lockport 2011 Special Refuse and Recycling Revenue Fund for the purposes of funding the costs incurred by the City of Lockport for the collection and disposal, including recycling, of refuse from January 1, 2011, through September 12, 2011, in accordance with the special revenue budget enacted November 17, 2010, in anticipation of this article. All actions heretofore taken by or on behalf of the City of Lockport in connection with or in furtherance of the authorization and purposes of this Subsection A of this section of this article, including, but not limited to:

The advance of any moneys from the City of Lockport 2011 General Fund to the City of Lockport 2011 Special Revenu/ Fund-Recycling and Refuse, or otherwise to pay such costs incurred for the collection and disposal of refuse;

The execution and delivery of any and all contracts, agreements, instruments and documents in connection with the provision of, and/or payment for, such services; and

All authorizations, consents and approvals of and by any officer, official or employee of the City of Lockport with respect thereto are hereby ratified and confirmed.

Repayment of City of Lockport 2011 General Fund; imposition of surcharge for 2011 services. The City of Lockport, through its 2011 Special Refuse and Recycling Revenue Fund, is hereby authorized and directed to repay prior to the end of its fiscal year 2011 the City of Lockport 2011 General Fund for all sums heretofore advanced by such General Fund to such Special Revenue Fund pursuant to Subsection A of this section of this article. For the first fiscal year 2011, a surcharge shall be imposed on all residential, commercial and institutional users of refuse and/or recycling services in an amount to recover the amount advanced by the City of Lockport out of the 2011 General Fund to cover the costs incurred and paid by the City of Lockport for the collection and disposal, including recycling, of refuse from January 1, 2011, through September 12, 2011, in accordance with the special revenue budget enacted November 17, 2010, in anticipation of this article. The City Treasurer shall collect this surcharge by a supplemental bill as determined by the Budget Director and deposit the proceeds thereof in the 2011 Special Revenue Fund-Recycling and Refuse, whereupon the same shall be repaid to the City of Lockport 2011 General Fund as hereinbefore set forth.

User fees for collection of single-family, two-family, three-family, commercial and institutional refuse and recycling placed for collection and stranded costs shall be established as follows: On or before the 15th day of September preceding the expiration of each fiscal year thereafter, the Budget Director shall make an estimate of the user fees and probable revenues to be received by the City for the Special Revenue Refuse and Recycling Fund during said fiscal year, and also an estimate of the several sums of money which it deems necessary to pay the expenses of the refuse and recycling program and for the various purposes contemplated by this article, and otherwise by law for the succeeding fiscal year. After the Budget Director has determined the user fees and made such estimates, he shall submit them in writing, with such reasons for them in detail as he may have to give, to the Common Council, which shall convene and consider such user fees and estimates. The Common Council shall hear any taxpayer who wishes to be heard in reference thereto. After such hearing, it may adopt such estimates so submitted to it, may add items thereto or increase, diminish or reject any item therein contained except such as relates to the City indebtedness. On or before the first regular meeting of the Common Council of the City of Lockport held in the month of October preceding the expiration of each fiscal year, the Common Council shall, by separate resolution for the Special Revenue Refuse and Recycling Fund, adopt the user fees and estimates as thus amended. When it shall have adopted the sums as herein provided, the same shall be entered at large in its minutes and published in its proceedings. The several sums contained in the final estimates of revenue to be received by the City, applicable for such purpose, and of moneys necessary to be raised by user fees in addition thereto, to pay the expenses of conducting the business of refuse and recycling, shall be and become appropriated in the amounts and for the purpose named therein for the following fiscal year. The several amounts specified in such fiscal estimate as necessary to pay the expenses of the Special Revenue Refuse and Recycling Fund and for the various purposes contemplated by this article and otherwise by law for the following fiscal year, after deducting that portion of the estimated revenue from user fees applicable for such purpose, shall constitute the special revenue refuse and recycling budget, and the amount of such budget shall be raised by charging user fees as herein provided.

The fees for collection and disposal of residential and commercial refuse and recyclables and the cost for a new container shall be proposed annually by the Director subject to the approval of the Common Council as a part of the annual budget process. Such fees must be approved by the City Council and maintained on file in the Director's office and in the office of the City Clerk.

The City Clerk may negotiate fees subject to the approval of the Common Council for each type or class of commercial and institutional entity based on volume and time requirements for collection for such commercial and container service within the City, provided that such fees shall in all instances cover at a minimum the incremental full costs of providing said service, as certified by the Budget Director.

Parcels of land which are not improved by a structure or which are improved by a vacant structure which has been inspected by the Chief Building Inspector and found to be properly secured and not receiving City service shall not be charged a user fee until improved or occupied or City service begins.

§ 155-5 Miscellaneous provisions.

Severability. Should any section, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid for any reason, the remainder of the article shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of this article are declared to be severable.

Dead animals. Dead animals shall be removed by the City on request, except that an animal hospital or other business caring for or harboring animals must remove and dispose of dead animals without the aid of the City. The owner or custodian of an animal may remove and dispose of any dead animal by contract with a licensed commercial refuse and/or recyclable collector. In no event shall a dead animal remain undisposed of for a period longer than 12 hours.

Emergency collection and disposal. In the event of a public emergency declared by the Mayor, the Director may provide by contract for the public collection, removal and disposal of refuse without competitive bidding. In such case, the Director may impose such conditions as he or she may deem advisable and shall supervise all work under such contracts.

Scavenging. No person shall interfere with, remove or scavenge for any material in any City-issued container, recycling container, plastic bag or in any bulk refuse or building refuse which has been placed between the sidewalk and the curb by the owner and/or occupant for public collection.

Litter containers and recycling for special events. Refuse containers and recycling bins provided by the City and placed by the City in the public right-of-way, parks or other public places shall be used only for deposit of litter and recyclables generated on the public right-of-way by pedestrians and motorists or generated by persons using the parks or other public places. The placing into such lifter baskets or recycling bins of refuse or recyclables originating from homes or commercial or industrial establishments constitutes illegal dumping and is prohibited by this code. Containers provided by the City for special events or projects shall be used only for deposit of refuse and recyclables generated at the special event or project. The placing into such containers of refuse or recyclables originating from homes or commercial or industrial establishments constitutes illegal dumping and is prohibited by this code.

Illegal dumping. No person shall place, throw, deposit or dump or cause to be placed, thrown, deposited or dumped any refuse, residential refuse, building refuse, bulk refuse, commercial refuse, institutional refuse, waste, construction waste, hazardous waste, industrial waste, infectious waste and/or recyclable materials in or upon any premises, street (including the area between the sidewalk and the curb), sidewalk or park, or in any litter basket, recycling bin or container placed in a right-of-way, park or public place, or provided for a special project or event. This section shall not apply to refuse placed for collection in front of the premises in which it originated, to filling for which a permit has been granted pursuant to this article or to the deposit of lifter and recyclables generated on the public right-of-way in City lifter baskets and street recycling bins by pedestrians and motorists, the placement of refuse generated in parks or other public places in provided receptacles, or to the deposit of refuse from special events or projects in containers placed for the collection of such refuse.

Regulations governing collection of refuse and or recyclables. No collector or refuse and/or recyclable collector shall:

Violate a rule or regulation established by the Director.

Dispose of refuse at a site not approved by the New York State Department of Environmental Conservation.

Litter.

Scavenge.

Collect refuse or recyclables placed between the sidewalk and curb by residential or commercial users for collection without prior written approval by the Director.

§ 155-6 Enforcement.

The Mayor of the City of Lockport is empowered to designate public servants who shall be specifically authorized pursuant to this article to issue and serve appearance tickets to appear before the Lockport City Court to persons where such designee has reasonable cause to believe such person has violated any provision of this article.

A police officer or such other persons as may be designated by the Common Council are authorized and directed to enforce this article and cause collections to be made accordingly.

As an alternative to or in addition to above, the Director may, at his or her discretion, direct City employees or the Contractor to collect and to dispose of refuse and or recyclables which has been improperly prepared, stored or disposed of as required by the provisions and standards of this article. The Director shall have the right to establish by regulation appropriate charges for such services subject to the approval of the Common Council. The Director shall promptly bill the owner for such services, and such charges shall be a lien upon the real estate from the first day fixed for payment of such charges. Charges remaining unpaid 60 days after billing will be added to taxes pursuant to § 6-94 of the City Charter.

§ 155-7 Penalties for offenses.

Late payment charge and interest. Unpaid residential, commercial and institutional user fees shall be the personal liability of the owner and charges remaining unpaid 30 days after the May bill will be added to taxes as follows. Any such unpaid fee shall be added to the upcoming year's tax bill for the parcel of property against which it is a lien. The amount added to taxes shall include an additional administrative charge equal to $15 for each delinquent account. The City Treasurer shall submit to the City Council any delinquent fees and any other amounts to be added to taxes at the same time as the annual budget is submitted to the Council by the Mayor. The Council shall, after a public hearing and after making any amendments or corrections to any of said amounts as it may deem proper, confirm said amounts no later than the date the annual budget is adopted by the Council. When said amounts are confirmed, they shall be inserted in the annual tax rolls and shall become a part of the annual tax upon the respective parcels against which such amounts are charged and shall be subject to all the provisions of the City Charter. Judgments against a property owner resulting from violations of local law, if unpaid, shall also be added to the property taxes as set forth above. All fees collected in accordance with this section shall be paid over to the Special Revenue Fund-Recycling and Refuse.

Discontinuance of service for nonpayment of fees. The City Clerk may order the discontinuance of a residential, commercial or institutional user's public collection service when, after due notice, the user has not paid user fees upon direct billing by the City or after such delinquent fees have become a lien upon the real property. Upon discontinuance of public collection service for nonpayment of user fees, the user must establish to the satisfaction of the Director that a licensed commercial refuse and/or recyclable collector will service the user.

Penalties for offenses. The fines and penalties for any violation of local law, the Refuse and Recycling Code, shall be as follows:

For residential users:

Offense	Fine
First	Not more than $100 for each violation, plus cost of cleanup and disposal
Second	Not more than $200 for each violation, plus cost of cleanup and disposal
Third and subsequent	Not more than $300, plus cost of cleanup and disposal