[Ord. of 2-15-1937, § 1; Ord. of 12-6-1937, § 1; Ord. of 6-18-1973, § 1;
Ord. of 4-1-1991, § 1; Ord. of 2-3-2003, §§ 1, 2]
For the purpose of this article, the following terms shall have
the meanings respectively ascribed:
Uncontaminated aluminum packaging, such as pie plates and
frozen dinner trays.
The residue of coal, wood or other fuel after burning.
Large household items, such as furniture, mattresses, major
appliances, tires, scrap metal items and carpets.
Containers comprised of aluminum, tin, steel or a combination
thereof, which contain or formerly contained only food and/or beverage
substances.
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material but
excluding plastic-, foam- or wax-coated or soiled cardboard.
Remains of major remodeling, construction, reconstruction,
repair and demolition operations on houses, apartments, pavements
and other structures, such as excavated earth, stones, concrete, bricks,
plaster, roofing, sheathing, lumber and insulation, as well as rubble
from the installation of plumbing, heating and electrical systems.
Computers (desktop, main frames, laptops), keyboards, mice,
modems, power supplies, docking stations, cable and wiring, circuit
boards, monitors, CRTs, terminals, printers, copiers, facsimile machines,
telephones, cellular phones, two-way radios, walkie-talkies, pagers,
beepers, answering machines, typewriters, word processors, audio visual
equipment such as overhead projectors, security equipment (cameras,
monitors), stereo equipment, televisions, VCRs, radios and camcorders.
Organic waste such as meat, fat, bones, fish, fruit or vegetables
or any other animal, fish, fruit or vegetable matter used for food
by human beings or used in the preparation, preservation, dressing
or cooking thereof.
All products made from silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for the
packaging or bottling of various matter and all other material commonly
known as "glass"; excluding, however, ceramics, light bulbs, blue
and flat glass and glass commonly known as "window glass."
Large and/or bulky household appliances (refrigerator, washer,
dryer, stove, etc.) ordinarily operated by gas or electric current.
All uncontaminated paper commonly referred to as "newsprint"
and distributed at stated intervals, usually daily or weekly, having
printed thereon news and opinion and containing advertisements and
other matter of public interest, and shall include supplements, comics
and enclosures.
All bond paper, including computer printouts, stationery,
photo copy and ledger from commercial waste generators.
All containers made from high-density polyethylene or polyethylene
terephthalate (PET), including but not limited to bottles having contained
the following products: milk, water, juice, detergent, bleach, antifreeze
and soda; or other resins that may be designated as a recyclable material
in accordance with the Dutchess County local law providing for the
mandatory collection and disposition of recyclables in Dutchess County
once economic markets exist.
Office paper, cardboard, newspaper, cans, glass, plastic,
aluminum products, tires, major appliances, electronics and such other
materials as may be designated by the Commissioner of Solid Waste
Management of Dutchess County and the Recyclables Oversight Committee
established and appointed pursuant to the Dutchess County local law
providing for the mandatory collection and disposition of recyclables
in Dutchess County.
Building material and any other incombustible matter or material.
Any paper, plastic, cardboard or other material used to wrap,
cover or contain food other than recyclable material as defined in
this section; any other household waste resulting from the use, consumption
and preparation of food; small metal household discards; miscellaneous
waste material, including rags, drugs, health aids and materials,
sweepings, rubber, leather, cloth, clothing, magazines, paper (other
than newspapers, office paper and corrugated cardboard), waste materials
from normal maintenance and repair activities, pasteboard, crockery,
shells, dirt, wood and glass, other than recyclable material and construction
and demolition items as defined in this section.
Grass clippings, leaves, and cuttings from shrubs, hedges,
trees, brush, and garden debris.
[Ord. No. 2-15-1937, § 2; Ord. of 3-27-1972, § 1;
Ord. of 3-6-1989, § 7; Ord. of 4-1-1991, § 2; Ord. of 2-3-2003, § 3; Ord. No. O-09-20, § 1; Ord. No. O-10-13, § 1]
(a)
Garbage.
(1)
All garbage shall be placed in watertight containers of sufficient
construction to contain the contents therein.
(2)
Approved containers may be those made from galvanized steel, aluminum,
plastic or other waterproof and weatherproof material. They must taper
from top to bottom and be fitted with handles or bails. The container
shall be of sufficient size to contain the contents therein and the
level of the contents of the container shall not exceed the height
of the container.
(3)
All garbage shall be deposited into garbage bags prior to placing
garbage into an appropriate container specified in Subsection (a)(2).
Such bags must have a capacity of not less than 15 gallons nor more
than 32 gallons. They must be strong enough to hold the contents therein
and be free from objectionable tears or leakage. Bags must be securely
tied to prevent spillage when placed at the collection location.
[Amended by Ord. No. O-13-03, 4-3-2013, § 1]
(4)
Prohibited containers shall include garbage bags, except for the
provisions of Subsection (a)(3) of this section, metal drums, fiber
or paperboard drums, barrels, paper shopping bags, cardboard boxes
or containers having sharp or jagged exposures.
(5)
Penalties. Any person violating the provisions of this section shall be punished by a fine in City Court or a civil penalty recoverable in accordance with Section 9-11 of this chapter not to exceed $25. Each separate act of placing or depositing or causing to be placed or deposited a prohibited container at the curb for pickup shall be deemed to be a separate and distinct violation punishable by a separate and additional fine and/or penalty.
(b)
Ashes, refuse and rubbish.
(1)
All
ashes, refuse and rubbish shall be placed in suitable containers,
as herein described, except that refuse and rubbish not readily placed
in containers may be securely tied in packages or bundles.
(2)
Containers
for ashes, refuse and rubbish shall be covered and shall be of a size
and construction sufficient to hold the contents therein. Containers
allowable for the storage of garbage may be used for the storage of
ashes, refuse and rubbish.
(c)
Recyclable material.
(1)
All
recyclable material designated for municipal collection by the Commissioner
of Public Works shall be placed in suitable containers, as herein
described, except that newspapers and corrugated cardboard not readily
placed in containers may be securely tied in bundles.
(2)
Containers
for recyclable material shall be sturdy, rigid, reusable and of a
size and construction sufficient to hold the contents therein.
[Ord. of 4-1-1991, § 3]
(a)
Those residences, businesses or institutions which generate large
amounts of materials requiring removal may utilize large bulk containers,
commonly known as "dumpsters," for the storage of the materials.
(b)
Each waste generator who owns, rents or utilizes any dumpster shall
at all times keep the container in good repair and maintain it in
a clean and sanitary condition. Each waste generator who owns, rents
or utilizes any dumpster shall also keep the area surrounding the
container free of litter and maintain the area in a clean, neat and
sanitary condition at all times.
(c)
Dumpsters must be of a capacity sufficient to contain the contents
therein and to prevent spillage from the container due to overfilling.
Dumpsters must have covers or lids to be made of plastic and must
be kept closed at all times.
[Ord. of 3-4-1929, § 1, 2; Ord. of 3-6-1989, § 8; Ord. of 4-1-1991, § 4]
(a)
Garbage. The owner of every building in the City used as a dwelling for three or more families shall provide and maintain at least one receptacle as required in Section 9-20 for use as a receptacle for garbage by the persons occupying said building.
[Ord. of 2-15-1937, § 2; Ord. of 3-6-1989, § 9; Ord. of 4-1-1991, § 5;
Ord. of 2-3-2003, § 4]
The owners or occupants of those premises where collection and removal services are provided by the City pursuant to Section 9-61 of this chapter shall comply with the following preparation requirements for collection or collection will not be made.
(a)
Garbage. All garbage shall be placed in containers as described in Section 9-20(a). Total capacity of the container may not exceed 32 gallons, and the total weight of the container and contents may not exceed 75 pounds, unless the container used is a dumpster capable of being lifted mechanically by City collection vehicles.
(b)
Refuse and rubbish. Refuse and rubbish shall be placed in containers as described in Section 9-20(b) of this chapter. Total capacity of the container may not exceed 32 gallons, and the total weight of the container and contents may not exceed 75 pounds, unless the container used is a dumpster capable of being lifted mechanically by City collection vehicles. Refuse and rubbish not readily placed in containers shall be securely tied or bound in packages not exceeding 42 inches in dimension on any one side, and must be secured as to prevent scattering when placed on the street. Packages shall not exceed 75 pounds gross weight when made ready for collection by the owners.
(c)
Recyclable material. Recyclable material designated for municipal collection by the Commissioner of Public Works, except for newspapers and corrugated cardboard, shall be put in a recycling container as designated by the Commissioner of Public Works. Newspapers shall be tied with string or put in brown, paper grocery bags. Corrugated cardboard shall be flattened and tied into bundles not exceeding 42 inches in dimension on any one side. Bundles of paper shall not weigh more than 30 pounds. Tires, major appliances and electronics, if designated for municipal collection by the Commissioner of Public Works, must be prepared in accordance with Subsection (e) of this section.
(d)
Yard waste. Yard waste shall be placed in a sturdy,
reusable container of between 20 to 32 gallons in size. Yard debris
may also be placed in other suitable containers as designated by the
Superintendent of Public Works. Yard waste, such as brush and prunings,
not readily placed in containers, shall be securely tied or bound
in packages not exceeding 42 inches in dimension on any one side and
weighing not more than 75 pounds. Individual cuttings from trees may
not be in excess of two inches in diameter.
(e)
Bulky waste. Bulky waste, if designated for municipal
collection by the Superintendent of Public Works, shall be prepared
in accordance with instructions publicized from time to time by the
Superintendent of Public Works.
(f)
Ashes. Ashes shall be soaked with water or otherwise treated to extinguish all live embers and then shall be placed in a container as described in Section 9-20(b). Containers shall not exceed 32 gallons in capacity and shall not exceed 75 pounds in gross weight when made ready for collection, unless the container used is a dumpster capable of being lifted mechanically by City collection vehicles.
[Ord. of 4-1-1991, § 6]
Containers which have rusted through the sides or bottom or which contain sharp edges or which do not conform to requirements specified in Section 9-20 or which, in the opinion of the Sanitation Superintendent, constitute a hazard shall be classified as refuse and collected and disposed of as such by the City.
[Ord. of 2-15-1937, § 3; Ord. of 4-1-1991, § 7]
(a)
Garbage, rubbish, ashes, refuse, recyclable material and yard waste will not be collected by the City as provided in Section 9-61 of this chapter unless it has been separated as required by this section.
(b)
Recyclable material may not be mixed with garbage, rubbish, ashes,
refuse, yard waste or bulky waste. Yard waste may not be mixed with
garbage, rubbish, ashes, refuse, recyclable material or bulky waste.
Bulky waste may not be mixed with garbage, rubbish, ashes, refuse,
recyclable material or yard waste.
[Ord. of 2-15-1937, § 6; Ord. of 5-4-1953, § 1; Ord. of 5-17-1954, § 1;
Ord. of 4-1-1991, § 8]
(a)
Residential. If a service alley, other than a blind
alley, is available, owners or occupants of residential premises shall
place or cause to be placed, within five feet of the alley line, all
materials requiring collection. Materials shall not be placed within
the limits of the alley itself. For those residences where collection
from the alley is not safe or feasible or in those areas where no
alley exists at all, the owners or occupants of all residences shall
place or cause to be placed all containers and receptacles or bundles
of materials requiring collection at the curb in front of such residence.
(b)
Nonresidential premises.
(1)
The owners or occupants of all nonresidential premises which are
accessible from the rear shall place or cause to be placed all materials
requiring collection at the rear of such nonresidential premises.
(2)
For those businesses or commercial establishments which are not accessible
from the rear, the owners or occupants shall place or cause to be
placed at the curb in front of such businesses all materials requiring
collection.
(c)
Waste generators utilizing bulk containers (dumpsters). Dumpsters shall be placed in such a manner and in such a place that
the containers will not be a public nuisance in any respect. Dumpsters,
when ready for collection, must be moved to such a place as to be
readily accessible for removal or emptying.
[Ord. of 4-1-1991, § 9; Ord. of 9-8-1994, § 1, Ord. of 11-7-1994, § 11;
Ord. of 7-23-2001, § 5; Ord. of 4-6-2004, § 1; Ord.
No. O-06-22,[1] § 1; Ord. No. O-06-23,[2] § 1]
(a)
Placement of materials. All containers, receptacles
or bundles of garbage, rubbish, refuse, ashes, recyclable material,
yard waste and/or bulky waste shall in no case be placed at the curb
prior to 5:00 p.m. of the day prior to the regular collection day
established for such residential or nonresidential premises.
(b)
Return of receptacles. The owners and occupants
of all residential and nonresidential premises shall return such containers
and receptacles or cause the same to be returned to the rear of the
premises not later than 16 hours after the garbage, rubbish, refuse,
ashes, recyclable material and/or yard waste contained therein has
been collected.
(c)
Penalties.[3] Any person violating the provisions of this section shall be punished by a fine in City Court or a civil penalty recoverable in accordance with Section 9-11 of this chapter of $50 for the first violation, $75 for the second violation, $100 for the third violation, $250 for the fourth violation, $500 for the fifth violation and for each violation thereafter in any one calendar year. However, any person violating the provisions of Subsection (a), by placing bulky waste at the curb prior to 5:00 p.m. of the day prior to a collection day established by the City for collection of bulky waste, shall be punished by a fine in City Court or a civil penalty recoverable in accordance with Section 9-11 of this chapter of $250.
[3]
Editor's Note: See also the penalties in Administrative Code
§ 10.10.
[Ord. of 3-6-1989, § 10; Ord. of 4-1-1991, § 10]
It shall be unlawful for any person other than the municipal
collector or private collector hired by a business to disturb or remove
or aid in disturbing or removing any garbage, rubbish, ashes, refuse,
recyclable material, bulky waste or yard waste after it has been set
out for collection.
[Ord. of 2-15-1937, § 4]
None of the materials defined in this article so collected shall
be dumped or disposed of within the City, except at such place or
places as may be designated by said City.
[Ord. of 2-15-1987, § 3; Ord. of 6-18-1973, § 1; Ord. of 6-19-1978, § 1;
Ord. of 4-1-1991, § 11]
It shall be unlawful to place garbage, ashes, rubbish and refuse,
recyclable material, bulky waste and yard waste out for collection
when such matter is not placed in receptacles or secured and tied
in bundles as required by this article.
[Ord. of 4-18-1977, § 1; Ord. of 9-19-1978, § 2; Ord. of 5-18-1982, § 1
through 3; Ord. of 3-6-1989, § 11; Ord. of 2-18-1992, § 1; Ord. of 7-6-1993, § 1;
Ord. 9-8-1994, § 2; Ord. of 11-7-1994, § 12; Ord. of 7-23-2001, § 6; Ord. No. O-06-22,[1] § 1; Ord. No. O-06-23,[2] § 1]
(a)
Notice required. If the provisions of Section 9-24.1 or 9-27 are not complied with, the Commissioner of Public Works of the City or his/her designee, limited to Sanitation Inspectors, may serve written notice upon the owner, lessee, occupant or any person having the care or control of such premises, to comply with the provisions of such section.
(b)
Service, contents of notice. Such written notice shall be personally served upon the lessee, tenants or occupants of the premises. If such lessee, tenant or occupant cannot be readily identified by the Commissioner of Public Works or Sanitation Inspector, such notice may then be sent by certified mail, return receipt requested, to the record owner of the premises. Such notice shall require compliance with the provisions of Section 9-24.1 within 24 hours after the date of mailing and posting of such notice, except for bulky waste which must be removed in compliance with Subsection (d) of this section, and compliance with the provisions of Section 9-27 within 48 hours after the date of mailing and posting of such notice.
(c)
Correction of condition by City. If the person upon whom such notice is served fails, neglects or refuses to dispose of the garbage, ashes, rubbish and refuse from the premises within the time required by Subsection (b) of this section, the Commissioner of Public Works, at his/her discretion, shall cause such garbage, ashes, rubbish and refuse to be removed and disposed of.
(d)
Service, contents of notice and correction of condition by
City for bulky waste. The Commissioner of Public Works of the City, or his/her designee, shall serve written notice upon the owner and lessee, occupant or any other person having the care and control of premises, where there has been a violation of Section 9-24.1 or 9-27 of this chapter in that bulky waste has been placed for collection at the curb or in the public right-of-way at a time when there has been no designation by the Commissioner of Public Works for the pickup of bulky waste or the bulky waste has been placed out for collection at a time prior to 5:00 p.m. of the day designated for collection of such waste or has been placed in violation of Section 9-27. Such written notice shall be personally served upon the owner and lessee, tenant or occupant of the premises or shall be posted upon the building or lot and a copy of such notice mailed by regular mail and certified mail, return receipt requested, to such owner at his/her last known address and any lessee, occupant or any person having the care or control of any such lot or land. If the bulky waste is not removed within 48 hours of the date of personal service or posting and mailing, the Commissioner of Public Works, at his/her discretion, shall cause such bulky waste to be removed and disposed of.
(e)
Collection of costs. The actual cost to the City
of such removal and disposal, plus a sum equal to 10% of such actual
cost for inspection and other additional costs in connection therewith,
shall be certified by the Commissioner of Public Works to the Commissioner
of Finance, and the amount thereof shall thereupon become a lien upon
the property on which such garbage, ashes, rubbish, bulky waste and
refuse was located, and the total amount thereof shall be added to
and become a part of the next assessment roll at the time and in the
manner prescribed by the Charter of the City subject to all the provisions
thereof.
(f)
Alternate remedy. The correction of the condition by the City, and the collection of costs for said correction, shall in no way prevent the City from proceeding in City Court for collection of a fine or from collecting a civil penalty in accordance with the provisions of Section 9-11 of this chapter against the violator of Section 9-24.1 or 9-27 of this chapter. The fine/civil penalty for violation of Section 9-24.1 shall be as provided for in that section and for Section 9-27 shall be $125 for the first violation, $150 for the second violation, $175 for the third violation, $200 for the fourth violation, $250 for the fifth violation and $500 for each violation thereafter in any one calendar year and shall be in addition to any cost assessed against the lessee, tenants, occupant or owner for the correction of the condition.[3]
[3]
Editor's Note: See also the penalty in Administrative Code
§ 10.10.
[Ord. of 2-15-1937, § 7]
No ashes shall be collected in or carted through the streets
of the City except in vehicles having boxes of sufficient height to
carry ashes without allowing them to spill over and so tightly constructed
that ashes will not sift through on the streets.
[Ord. of 2-7-2003, § 5]
Electronics shall be recycled. Electronics shall not be placed at the curb for collection, unless so designated by the Commissioner of Public Works, but shall be brought to the City transfer station pursuant to Article IV of this chapter.
[Ord. of 2-15-1937, § 8; Ord. of 12-6-1937, § 1; Ord. of 5-17-1954, § 2]
All open-bodied trucks used for carrying garbage, ashes, refuse
or rubbish through the streets of the City must be covered with a
tarpaulin securely fastened to the body of the truck.
[Ord. of 2-15-1937, § 8; Ord. of 12-6-1937, § 1; Ord. of 5-17-1954, § 2;
Ord. of 3-27-1972, § 2; Ord. of 3-6-1989, § 12]
Any garbage, ashes, refuse or rubbish spilled on a street or sidewalk by any collector from a receptacle used in compliance with Section 9-20 of this chapter shall be immediately collected and cleaned up by such collector, and all traces of such spilling removed. Any garbage, ashes, refuse or rubbish spilled on a street or sidewalk by any collector from a receptacle that is not permitted pursuant to Section 9-20 of this chapter shall be immediately collected and cleaned up by the property owner or tenant responsible for placing the material in such receptacle, and all traces of such spilling removed by such person. Any garbage, ashes, refuse or rubbish spilled on a street or sidewalk by a collector or by a person, animal or any other cause shall be immediately collected and cleaned up by the property owner or tenant responsible for placing the material in the receptacle that is not permitted pursuant to Section 9-20 of this chapter, and all traces of such spilling removed by the property owner or tenant.
[Ord. of 10-18-1976, § 1, 2;[1] Ord. of 3-6-1989, § 13; Ord. of 4-1-1991, § 12; Ord. of 11-7-1994, § 13]
(a)
No refuse, garbage, ashes, rubbish, bulky waste, recyclable material
or yard waste originating as such outside the City or which has been
collected or otherwise obtained outside the City and transported or
otherwise delivered within the City shall be deposited or caused or
allowed to be deposited within the City of Poughkeepsie.
[Ord. of 8-17-1982]
No person, individual, corporation, partnership, association
or other entity shall collect, remove or provide for the collection
or removal of garbage, ashes, refuse, trash and rubbish in the City
of Poughkeepsie between the hours of 8:00 p.m. and 6:00 a.m., Monday
through Friday, and between the hours of 8:00 p.m. and 8:00 a.m. on
Saturdays, Sundays and holidays.
[Ord. of 2-18-1992, § 2; Ord. of 9-8-1994, § 3; Ord. of 11-7-1994, § 14;
Ord. of 7-23-2001, § 7; Ord. No. O-06-22,[2] § 1; Ord. No. O-06-23,[3] § 1]
Except where a specific penalty is provided for in a particular provision of this chapter, any person violating any provisions of this chapter shall be subject to a fine in City Court or a civil penalty recoverable in accordance with Section 9-11 of this chapter of $125 for the first violation, $150 for the second violation, $175 for the third violation, $200 for the fourth violation, $250 for the fifth violation and $500 for each violation thereafter in any one calendar year.
[1]
Editor's Note: See also the penalty in Administrative Code
§ 10.10.
[2]
Editor's Note: Ordinance No. O-06-22 amended this section
as applicable to the Building Department's schedules of fees and fines.
[3]
Editor's Note: Ordinance No. O-06-23 amended this section
as applicable to the Sanitation Department's schedules of fees and
fines.
[Ord. No. O-07-38, § 1; amended by Ord. No. O-14-15, 9-2-2014, § 1]
Any person violating any provision of this chapter and Chapter 15, Section 11, in excess of three or more violations in any twelve-month period from the date of the most current violation shall be deemed a chronic and persistent offender and shall be deemed to have created a nuisance as defined in Section 14-48, and such nuisance shall be immediately abated by the City. Such person shall be subject to further penalties under this section of $2,500 in fines, the costs of immediate abatement and administrative costs as defined in this chapter and Chapter 15. These violations of three or more shall be prosecuted by the Corporation Counsel in City Court for the penalties and fines. The costs of abatement and administrative costs shall be assessed against the property as a tax lien.
