[Amended 11-29-2018 by Ord. No. 102]
This article shall be known as the "Collection and Disposal
of Solid Waste."
As used in this article, the following terms
shall have the meanings indicated.
A.
CITY
COMMISSIONER
DEPARTMENT
DISPOSAL
OCCUPANT
OWNER
PERSON
PREMISES
RESIDENTIAL UNIT
SANITARY LANDFILL
SMALL SOLID WASTE HAULER
SOLID WASTE HAULER
TIP WEIGHT
TRANSFER STATION
General terms:
The corporate limits of the City of Troy, New York.
The Commissioner of the Department of General Services of
the City of Troy, New York or the Deputy Mayor of the City of Troy,
New York in the event the Commissioner position has not been filled.
[Amended 12-29-2017 by Ord. No. 134]
The Department of General Services of the City of Troy, New
York.
[Amended 12-29-2017 by Ord. No. 134]
The processing, treatment, recycling of waste materials,
and the ultimate disposition of these materials on the land or in
some other suitable place.
An owner occupying premises owned or controlled by him/her
or a tenant or renter of such premises.
The owner of premises within the City or any agent or other
person employed by him/her to manage or maintain such premises.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint stock companies, societies,
clubs, institutions, and all other entities of any kind capable of
being sued.
A building or a group of buildings constituting a single
property and the lot or parcel of land on which such building or buildings
are located.
An individual enclosed living space providing kitchen and
bathroom facilities and other space for sleeping, etc., with an individual
entrance.
[Added 12-29-2017 by Ord.
No. 134]
The site for the disposal of solid wastes in which they are
deposited, compacted and covered with earth at the end of each day,
in accordance with Part 19, Refuse Disposal, of the New York State
Sanitary Code.[1]
A solid waste hauler that transports 26 or fewer tons of
solid wastes annually.
[Added 10-7-2021 by Ord. No. 77]
A commercial entity conducting business as a collector and
transporter of solid wastes.
[Added 10-7-2021 by Ord. No. 77]
The weight of solid waste, measured in tons, that a hauler
transports to a transfer station, landfill, or other appropriate disposal
site as per NYSDEC's requirements.
[Added 10-7-2021 by Ord. No. 77]
The location where solid wastes and recycling may be brought
before being transferred to a landfill or recycling sorting facility.
[Added 10-7-2021 by Ord. No. 77
[1]
Editor's Note: The original definition of
“Troy Sanitary Landfill,” which immediately followed this
definition, was deleted 10-2-2003 by L.L. No. 4-2003.
B.
COMMERCIAL ESTABLISHMENTS
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL PREMISES
MULTIPLE DWELLINGS PREMISES
RESIDENTIAL PREMISES
Types of buildings:
Any establishment which is involved in the selling and marketing
of any articles, products, or services and shall include but not be
limited to retail stores, restaurants, wholesale operations, service
businesses, banks, hotels, and other similar establishments.
Any establishment which is involved in processing, manufacturing,
or treatment operations of raw materials and shall include but not
be limited to concrete plants, steel plants, water treatment plants,
clothing manufacturers, food processing plants, and other similar
establishments.
Any tax-exempt premises and shall include but not be limited
to hospitals, churches, religious facilities, charitable facilities,
schools, colleges, public buildings and any other nonprofit organizations.
[Amended 12-29-2017 by Ord. No. 134]
Premises containing four or more residential units and shall
include apartment houses, fraternity houses, sorority houses and boarding
houses.
[Amended 12-29-2017 by Ord. No. 134; 6-3-2021 by Ord. No. 33]
Premises containing three or fewer residential units.
[Amended 12-29-2017 by Ord. No. 134; 6-3-2021 by Ord. No. 33]
C.
ASHES
BUILDING WASTES
BULK REFUSE
DEAD ANIMALS
GARBAGE
HAZARDOUS REFUSE
JUNK VEHICLES
RECYCLING MATERIALS
RUBBISH
SEWAGE SOLIDS
WATER TREATMENT PLANT WASTES
YARD WASTES
Definitions of solid wastes, including but not limited
to garbage, ashes, rubbish, bulk refuse, yard wastes, dead animals,
building wastes, sewage solids, water treatment plant wastes, junk
vehicles, and hazardous refuse.
The residue resulting from the burning of wood, coal, coke,
or other combustible material.
Scrap lumber, concrete, pipe, bricks, plaster, steel, excavation
material and similar materials resulting from building construction,
maintenance, alteration, and demolition.
Large oversize wastes that require special handling for collection
and shall include but not be limited to discarded household furniture,
bedding and mattresses, washers, dryers, stoves, refrigerators, bathtubs,
crates, tires, etc.
All animals that have died naturally or have been killed
and shall include but not be limited to cats, dogs, cows, horses,
pigs and rodents.
All animal and vegetable wastes resulting from the handling,
processing, preparation, cooking, or consumption of foods in any private
dwelling house, multiple dwelling house, hotel, restaurant, building,
or institution.
Any waste that is considered hazardous through handling or
disposal through normal solid waste means is against state law and
can be highly dangerous to the property owner and anyone collecting
the waste material.
[Amended 11-29-2018 by Ord. No. 102]
All vehicles which are no longer intended or in condition
for legal use on the public highways and shall include but not be
limited to cars, buses, trucks, and motorcycles.
All refuse materials designated for recycling as set forth in the Chapter 234 of the City Code.
[Added 12-29-2017 by Ord.
No. 134]
All rags, sweepings, small pieces of wood, rubber, leather,
and similar waste materials that ordinarily accumulate around a home,
business, industry, institution or public facility.
[Amended 12-29-2017 by Ord. No. 134]
All human and animal wastes, including but not limited to
septic tank pumpings, and grit, sludge, and scum from sewage treatment
plants.
All sludges which are collected at water treatment plants.
All trees, stumps, branches, brush, shrubs, leaves, and lawn
clippings.
D.
COMMERCIAL WASTES
HOUSEHOLD WASTES
INDUSTRIAL WASTES
INSTITUTIONAL WASTES
Nature of solid wastes:
Garbage, rubbish, bulk, refuse, yard wastes and ashes originating
in and around commercial establishments.
Ashes, garbage, rubbish, bulk refuse and yard wastes originating
in and around private dwellings, multiple dwellings and fraternity
houses.
Any and all residue resulting directly from industrial or
manufacturing operations and shall include but not be limited to water
treatment plant wastes, sewage solids, building wastes, and bulk wastes.
Garbage, rubbish, yard wastes, bulk refuse and ashes originating
in and around institutional establishments.
It shall be the duty of the Commissioner or
his/her duly authorized representative to enforce the provisions of
this article.
[Amended 10-2-2003 by L.L. No. 4-2003; 11-29-2018 by Ord. No. 102]
A.
Penalties for violations.
(1)
Any person violating any provision of this article shall be guilty
of an offense and, upon conviction thereof, shall be punishable by
the following fines:
|
Offense
|
Fine
|
|---|---|
|
1st
|
$250
|
|
2nd
|
$350
|
|
3rd
|
$500
|
|
4th
|
$750
|
|
5th
|
$1,500
|
(2)
A person or entity violating any provisions may also be punished
by imprisonment of no more than 15 days.
(3)
Each day that a violation continues after the fifth offense shall
constitute a separate offense punishable by the maximum fine set forth
above and/or imprisonment of 15 days.
(4)
Payment for violation shall be remitted within 30 days.
(5)
A monthly interest charge of 3% shall be added to any delinquent
violation charge.
