[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:
CITY
The City of New Rochelle.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial purposes and those multiple-dwelling residential buildings containing more than three dwelling units.
COMMISSIONER
The Commissioner of Public Works of the City of New Rochelle.
FALL LEAVES
Leaves from trees which fall to the ground between the months of September and December.
[Added 3-21-2000 by Ord. No. 53-2000]
INSTITUTIONAL ESTABLISHMENT
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.
PERSON
Every owner, lessee or occupant of a residence; every commercial establishment; every institutional establishment.
RECYCLABLES
The following materials: paper, glass, metals, plastics and cardboard.
RECYCLE
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.
SEPARATE COLLECTION
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.
SOLID WASTE
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.
SOURCE SEPARATION
The segregation of recyclables from solid waste at the point of generation for separate collection by the City or private hauler.
WASTE GENERATOR
Any person who produces or is responsible for solid waste or recyclables in the City of New Rochelle which require disposal.
YARD WASTE
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. 
Metal containers.
B. 
Glass containers.
C. 
Plastic containers.
D. 
Newspapers.
E. 
Cardboard.
F. 
Yard waste.
[Added 3-21-2000 by Ord. No. 53-2000]
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.