[Adopted 6-16-1992 by Ord. No. 134-1992]
An ordinance to establish a program for the
collection of recyclable material in the City of New Rochelle, to
prohibit the disposal of recyclable materials into the conventional
municipal solid waste disposal system and to fix penalties for the
violation thereof shall be enacted.
[1]
Editor's Note: This section included a preamble
for this ordinance as follows:
"Whereas, the removal of recyclable materials
from the municipal solid waste stream will aid in the conservation
and recovery of valuable resources; conserve energy in the manufacturing
process; and increase the supply to reusable raw materials for industries;
and
Whereas, it is in the public interest to mandate
the source separation of marketable waste materials generated in the
City of New Rochelle so that reusable materials may be returned to
the economic mainstream in the form of raw materials or products rather
than be disposed of at an incinerator or other disposal facility;
and
Whereas, New York State General Municipal
Law Section 120-aa requires that each municipality in the state adopt
an ordinance providing for the separation from the municipal solid
waste stream of specified recyclable materials and establishing a
collection system for the same; and
Whereas, the source separation and collection
of recyclable materials from all residential, commercial and institutional
establishments promotes the general public interest and is mandated
by said law; now, therefore, Be it ordained by the City of New Rochelle
as follows:"
This article shall be known and may be cited
as the "Recycling Ordinance of the City of New Rochelle."
This article shall apply to all residential
property and commercial and institutional establishments which generate
solid waste in the City of New Rochelle.
As used in this article, the following terms
shall have the meanings indicated:
The City of New Rochelle.
Those properties used primarily for commercial purposes and
those multiple-dwelling residential buildings containing more than
three dwelling units.
The Commissioner of Public Works of the City of New Rochelle.
Leaves from trees which fall to the ground between the months
of September and December.
[Added 3-21-2000 by Ord. No. 53-2000]
Those facilities that house or serve groups of people, including
but not limited to hospitals, schools (public and private), nursing
homes, libraries and all governmental offices.
Every owner, lessee or occupant of a residence; every commercial
establishment; every institutional establishment.
The following materials: paper, glass, metals, plastics and
cardboard.
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.
The City or private hauler who collects and transports solid
waste or recyclables shall keep source-separated recyclables separate
from solid waste during collection, transportation and storage.
All putrescible and nonputrescible materials that are discarded,
including but not limited to garbage, refuse, commercial waste, rubbish,
ashes and incinerator residue. Solid waste shall not be understood
to include recyclables, as defined in this article.
The segregation of recyclables from solid waste at the point
of generation for separate collection by the City or private hauler.
Any person who produces or is responsible for solid waste
or recyclables in the City of New Rochelle which require disposal.
Organic substances or components thereof which typically
grow on or around properties, including grass, brush, shrubbery, leaves,
flowers, vegetables and branches less than three inches in diameter.
[Added 3-21-2000 by Ord. No. 53-2000]
There is hereby established a program for the
mandatory separation of the following recyclable materials from the
municipal solid waste stream by all persons within the City of New
Rochelle, hereinafter referred to as the "municipality."
A.
The following three recyclables shall be commingled
in one container and placed for collection at the curbside or edge
of pavement on the designated day to be determined by the Commissioner.
None of the above items shall be crushed in a kitchen compactor.
(1)
Metal containers.
(a)
All containers of aluminum, steel or tin used
as food and beverage containers shall be rinsed and placed in the
recycling receptacle for collection. Labels need not be removed.
(b)
Expressly prohibited are aluminum siding, paint
cans, all aerosol cans, scrap metal, wire, pipes, tubing, motors,
sheet metal, hazardous materials and automobile parts.
(2)
Glass containers.
(a)
Food and beverage glass jars, bottles and containers
made of green, brown or clear glass, which have been rinsed and caps
removed, shall be placed, unbroken, in the recycling receptacles for
collection. Labels need not be removed.
(b)
Expressly prohibited are light bulbs, crystal,
window and mirror glass, broken glass, ceramics, kitchenware, pesticide/herbicide
bottles and any other nonfood beverage container.
(3)
Plastic containers.
[Amended 2-14-2012 by Ord. No. 25-2012]
(a)
All plastics with resin identification codes
1 through 7, including food, beverage and shampoo containers and caps,
shall be placed in the recycling receptacles for collection. Labels
need not be removed. Containers shall be rinsed.
(b)
Expressly prohibited are all plastic film (e.g.
dry cleaning bags and packaging materials), plastic bags, vinyl, all
large rigid plastics (e.g., toys, pools and furniture), noncoded small
rigid plastics (e.g., toys, clothing hangers, tableware, and utensils),
plastic foam materials (e.g., hot beverage cups, trays and packaging
materials), containers that held potentially hazardous materials (e.g.,
motor oil, solvents and pesticides), and building materials (e.g.,
piping, and bathroom and kitchen fixtures).
B.
The following paper products shall be placed at the
curb or edge of pavement for collection on the designated day to be
determined by the Commissioner:
(1)
Newspaper. All weekly and daily newspapers (including
only glossy inserts sold as part of the newspaper) that are dry and
free of contaminants shall be placed in brown paper bags, loose in
a container or in corrugated boxes (not tied in bundles and not in
plastic bags).
(2)
Corrugated paper.
(a)
Non-wax-coated brown corrugated cardboard containers
and boxes which are cleaned of contamination (adhesive tapes, metals
or plastics) shall be flattened and tied in bundles for collection.
(NOTE: The only exception is in the circumstance when a corrugated
box is used as a receptacle for newspaper collection, as defined above.)
(b)
Expressly prohibited are: cereal boxes, tissue
boxes, toilet paper and paper towel rolls, plastic or Styrofoam linings
(found as packaging bracing) or any other noncorrugated material.
C.
Separation of leaves and placement for disposal. All
persons within the municipality shall, for the period from October
15 through December 31 of each year, separate leaves from other solid
waste generated at their premises and, unless the leaves are stored
or recycled for composting or mulching on the premises, place the
leaves in biodegradable thirty- to forty-gallon paper bags or loose
in thirty-two-gallon containers. Leaves collected, bagged and left
at the curb shall not be mixed with any other yard waste or debris
at the curb for collection at such times and dates and in the manner
established by the municipality's recycling regulations.
[Amended 3-21-2000 by Ord. No. 53-2000; 4-17-2014 by Ord. No. 70-2014]
D.
Yard waste shall be source separated from other solid
waste and trash and placed at the curb for collection as provided
by the Department of Public Works collection schedule and in accordance
with the set-out requirements of such Department.
[Added 3-21-2000 by Ord. No. 53-2000; amended 3-20-2001 by Ord. No. 68-2001]
(1)
All loose materials including weeds (no clumps or
dirt), grass clippings, leaves and vegetables, shall be placed in
thirty- to forty-gallon biodegradable paper bags or loose in thirty-two-gallon
containers with a single bag or container weighing no more than 75
pounds.
(2)
Brush, branches and shrubbery no larger than three
inches in diameter and no longer than four feet in length with no
single item weighing no more than 75 pounds.
E.
All other yard wastes, including large branches, stumps
and other materials shall be disposed of privately as they will not
be collected by the City.
[Added 3-21-2000 by Ord. No. 53-2000]
F.
Gardening and landscaping contractors licensed by Westchester County may dispose of yard waste and organic material at the City's designated disposal site by the application and payment for permits from the agent designated by the City Manager in set denominations as set forth in Chapter 133, Fees. The material will be weighed at the City Facility scale, and contractors will be charged per weight of material dumped, as set forth in Chapter 133, Fees.
[Added 3-20-2001 by Ord. No. 68-2001; amended 7-18-2023 by Ord. No. 2023-126]
It shall be a violation of this article for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in § 163-8.5 of this article. Each such collection in violation of this article shall constitute a separate and distinct offense punishable as hereinafter provided.
[Amended 5-20-1997 by Ord. No. 103-1997]
The Commissioner of Public Works is hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of the recyclable materials designated in § 163-8.5 of this article and such other matters as are required to implement this article. Such regulations shall take effect only upon the approval of the City Council by adoption of a resolution implementing the same. The Commissioner of Police, with the approval of the City Manager, may designate people outside the Police Department to enforce the provisions of this article and any implementing regulations adopted thereunder.
A.
Any person, firm or corporation violating any provision
of this article or any regulations adopted hereunder shall be subject
to a fine of not less than $25 nor more than $500 for each offense.
B.
No action shall be taken to enforce the provisions of § 163-8.5 of this article until three months after the effective date of the promulgation of the regulations authorized hereunder.
C.
Each and every day in which a violation of any of
the provisions of this article exists shall constitute a separate
offense.
