[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.
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.
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]
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.
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.
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.
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.
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]
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.
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.