[HISTORY: Adopted by the Common Council of the City of Plattsburgh 12-22-1982 (Ch. 183 of the 1989 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all refuse accumulations of animal, fruit or vegetable
matter that shall attend the preparation, use, cooking, dealing in
or storage of meat, fish, fowl, fruits or vegetables, and containers
originally used for foodstuffs.
Garbage, rubbish or both.
Includes all other refuse, except rocks, concrete, bricks,
lumber and similar solid material, plaster and dirt, used appliances,
such as refrigerators and stoves, trees, large branches and similar
property. Excepted material will be disposed of as per fee schedule.
It is hereby found and determined that the weekly collection
of garbage from all places in the City of Plattsburgh, New York, benefits
all occupants of places and premises in the City; and such occupants
or persons in possession, charge or control of any place in or from
which garbage is created, accumulated or produced are liable for and
shall pay the collection fees established by the Common Council of
the City of Plattsburgh, New York, or the fee established by contract
if using private collection or removal by the owner.
[Amended 1-20-1983]
Garbage collection service is provided by the City of Plattsburgh,
New York. The City of Plattsburgh, New York, shall also permit collection
by private contractors or collection and removal made by the occupant
or person in possession, charge or control of places and premises
in the City of Plattsburgh, New York, in or from which garbage is
created, accumulated or produced; provided, however, that with respect
to places of one-family, two-family and multifamily residences, occupants
or persons in possession, charge or control may elect to use or employ
private contractors for the weekly collection of garbage from such
places or premises, the owner of multifamily residences shall, if
the City collection is used, be responsible for the fees applicable
to multifamily residences.
[Amended 1-20-1983]
Occupants or persons in possession, charge or control of places
or premises in the City of Plattsburgh, New York, may elect to use
private contractors for the weekly collection of garbage. Contractors
furnishing such service shall apply for and obtain a license to furnish
such services upon payment of the fee prescribed for such annual license
and the furnishing of liability insurance as provided in the schedule
of fees. The license shall be issued by the City Clerk, upon application
showing that the applicant is a person of good moral character, has
complied with all provisions of state and county law regulating haulers
of trash and garbage and that applicant's vehicle complies with
the provisions of this chapter. A separate license shall be required
for each vehicle of the applicant and shall be displayed in each vehicle.
It shall be unlawful for any person, other than authorized agents
or employees of the City, or persons or employees of such persons
engaged in private collection services, or the occupant of places
and premises in the City or persons in possession, charge or control
or any place in or from which garbage is created, accumulated or produced,
to collect, remove or dispose of garbage in the City of Plattsburgh,
New York; provided, however, that nothing contained herein shall prevent
the use of garbage disposal devices connected with the City sewage
disposal system in accordance with the provisions of the building
and plumbing code of the City of Plattsburgh, New York.
[Amended by L.L. No. 4-1993]
A.
Refuse shall be removed from all buildings occupied by eight or more
persons not less often than once a week. The Building Inspector may
order the owner or tenant in possession of the property to cause refuse
to be removed more frequently if he finds it is necessary to protect
the public's health and safety.
B.
No refuse shall be stored or left outside a structure more than 24
hours in advance of the time it is collected and disposed of unless
it is stored in a closed garbage container impervious to animals and
said container is located in the rear yard of the property. No garbage
shall be left on any property at any time unless it is in a closed
garbage container impervious to animals.
C.
In buildings occupied by eight or more persons, it shall be the responsibility
of the owner of the property to furnish, or require that his tenant(s)
furnish, appropriate garbage containers. Except where a garbage dumpster
of adequate size is provided for use by all tenants, each rental unit
shall have a separate garbage container which is clearly identified
for use by such rental unit.
The City will collect and dispose of all rubbish which is deposited
in garbage containers as authorized by this chapter, to the extent
that equipment and personnel are available as determined by the Superintendent
of Public Works. The City may collect and dispose of rubbish other
than that deposited in garbage containers, provided that rubbish is
placed in separate containers approved by the Superintendent of Public
Works and provided further that such rubbish is of such size that
it can be placed in such separate containers.
All garbage created, accumulated or produced shall be deposited
in containers equipped with suitable handles and tight-fitting covers
and shall be watertight, or in watertight plastic garbage bags or
watertight Kraft paper bags. Each loaded container shall weigh not
more than 80 pounds in weight and shall be kept in a clean, neat and
sanitary condition at all times.
It shall be the duty of every person in possession, charge or
control of any place in or from which garbage is created, accumulated
or produced to provide, and at all times keep in a suitable place
readily accessible to garbage collection, garbage containers capable
of holding all garbage which would ordinarily accumulate on such premises
between the times of successive collection. The owner of any multiple
dwelling shall furnish or require his tenants to furnish proper garbage
containers. Garbage containers located at multiple dwellings if furnished
by the tenants shall be marked as to indicate the apartment or flat
to which they belong.
Rubbish may be deposited in garbage containers. Human waste
and other potentially infectious material shall not be deposited or
placed in garbage containers unless such material is wrapped in a
manner satisfactory to the Superintendent of Public Works. Liquid
garbage shall not be deposited in such containers.
Containers shall be placed in an accessible location adjacent
to dwellings outside and in plain view at ground level. Collectors
will not be allowed to enter dwellings or garages. Special consideration
will be granted to physically handicapped persons who request special
assistance. No garbage containers or other containers for refuse other
than those of the City of Plattsburgh shall be placed, kept, stored
or located within the right-of-way of a street or alley; provided,
however, that the Superintendent of Public Works may authorize the
location of such containers within the public right-of-way at specified
places and times when such location is necessary for the expeditious
collection and disposition of garbage by the City.
All occupants, persons in possession, charge or control of premises
and places in or upon which garbage is created, accumulated or produced
shall notify the Superintendent of Public Works of the City of Plattsburgh,
New York, that collection from such place is required. Occupants,
persons in possession or control of premises and places other than
private premises shall contact the Superintendent of Public Works
regarding the frequency of collection required and the fees of such
collection.
[Amended 8-23-2000]
Rubbish and garbage which is not collected by the City may be collected and disposed of by licensed private contractors. Such haulers shall secure a license as provided in § 194-4. All vehicles used to transport rubbish and/or garbage shall be provided with equipment to prevent contents from blowing out of, falling from or otherwise escaping from any such vehicle. Such contractors shall comply with all applicable rules and regulations established by the Superintendent of Public Works, and the vehicles used shall display proper identification with the contractors name and telephone number in letters and numbers at least four inches in height. The collection of refuse and/or recycling will be done between the hours of 6:00 a.m. to 7:00 p.m. Monday through Sunday.
[Amended 3-8-1984; 9-6-1990]
Fees for the collection of garbage and rubbish shall be established
by resolution of the Common Council of the City of Plattsburgh, New
York, and shall be paid monthly. Bills for garbage and rubbish collection
services shall be due and payable within 15 days of the date of mailing.
If bills are not paid within 15 days of the date of mailing, there
shall be added to the amount due a late charge equal to 10% of the
amount of said bill. If bills are not paid within 30 days of the date
of mailing, interest shall be charged on the balance due, including
late charges, at the rate of 1.1% per month until date of payment.
The unpaid balance due on any garbage or rubbish collection bill as
of December 15 of each year shall be added to the City of Plattsburgh
real property tax bill and collected in the manner provided in the
City Charter of the City of Plattsburgh for the collection of real
property taxes.
The keeping of garbage in containers other than containers prescribed
by this chapter or the keeping upon premises of garbage and rubbish
which is allowed to become offensive and noisome shall constitute
a public nuisance and may be abated by the manner provided by law
for abatement of nuisances.
[Amended 1-20-1983]
If any changes herein provided for are not paid within two months
of the date that the bill is mailed, the Superintendent of Public
Works is directed and authorized to terminate the service furnished
by the City of Plattsburgh, New York.
It shall be unlawful to deposit or leave any refuse in such
a place or condition that it can be blown by the wind so it is to
be scattered or cause clouds or dust or particles, and it shall be
unlawful to permit the escape of soot, ashes or other solid products
or results of combustion so it is to be wind-blown or scattered.
It shall be unlawful to place, deposit, leave or dump any trash,
broken articles, garbage, junk, refuse or waste material of any kind
of any premises in the City of Plattsburgh, New York, without the
consent of the owner or tenant in possession thereof. For the purposes
of this section, vehicles or parts of vehicles not in condition for
normal use shall be considered as junk or trash.
[Amended 10-5-1989 by L.L. No. 4-1989; L.L. No. 4-1993]
A.
Any person who violates any provision of this chapter shall be guilty
of a violation and shall, upon conviction, be fined not less than
$25 nor more than $250 for each offense. A separate offense shall
be deemed to have been committed on each day a violation continues.
B.
If an owner or tenant has been served with notice of a violation of § 289-6A or B, and fails to correct such violation within 24 hours of service, the enforcing officer may cause the refuse to be removed by the Department of Public Works in which case such person shall be liable to pay the cost of removal and any fine that may be imposed for a violation of this chapter.
