[HISTORY: Adopted by the City Council of
the City of Jamestown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-26-1962 as Ch. 12 of
the 1962 Code]
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Each residential unit will be assigned a specially designed
wheeled container for garbage. The numbered container remains with
the assigned residence. The container is the property of the BPU and
remains at the address to which it is assigned.
[Added 5-24-2021]
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
Any sewage, fecal matter, manure, offal, garbage, dead animals,
meat wastes, blood, tankage, brine, urine or any putrescible organic
matter or the contents of privies, cesspools, septic tanks or chemical
toilets, either in liquid or solid state, or any other substance or
liquid dangerous or prejudicial to health.
Any person or firm who transports solid waste, as that term
is defined in this section, for a fee or any other form of remuneration.
[Added 11-12-1996]
Household or business wastes, including paper, rags, glass,
cans, metals, ashes, etc., but not including garbage.
Putrescible materials or substances discarded or rejected
as being spent, useless, worthless or in excess by the owners at the
time of such discard or rejection, organic waste material, both animal
and vegetable, wastepaper, cardboard, cardboard boxes and containers
and all other waste material not specifically defined, but excluding
recyclables, white goods, tires, hazardous waste, building materials,
trees, tree parts, shrubs, grass clippings and related yard waste,
commercial waste, construction and demolition debris, furniture and
all other materials and substances which are not accepted by the Chautauqua
County Landfill for disposal.
[Added 11-12-1996]
No person shall permit, deposit, store or hold
any offensive material on any premises or place unless such material
is so treated, screened, covered or placed in such manner as not to
create a nuisance detrimental to health, nor shall such offensive
material be discharged into any waters of the City or on to the surface
of the ground in such a manner as to create a nuisance detrimental
to health.
No person shall dispose of any offensive material
by burial or by any other means so as to endanger or pollute any source
of water supply.
Every dwelling and every part thereof, including
the lot on which such dwelling is located, shall be kept reasonably
free from any accumulation of garbage, rubbish and filth.
[Amended 5-24-2021]
No person shall place, deposit or leave in any
highway or alley within the City any rubbish or waste material, except
that such rubbish or waste material may be placed in a container with
close-fitting cover thereon that is assigned by the BPU (residential
customers). No rubbish or other waste material shall be allowed by
the owner thereof to remain eight hours after such deposit or placing,
and when such waste materials and similar rubbish shall be left and
deposited for a period of more than 48 hours in any alley or highway
of the City, the Director of Public Works is authorized to remove
and dispose of the same and charge the expense of such removal and
disposal to the owner or other person responsible for the placing
and leaving of such rubbish or waste material.
A.
All containers for storage of offensive material shall
completely confine the material in such a way that it is inaccessible
to insects, rodents, dogs and other animals and shall be kept in an
inoffensive and sanitary condition at all times.
B.
Each householder within the City shall use the solid
waste container assigned to the location by the BPU fitted with covers
so constructed that neither water nor snow may enter the same. Such
covers, when the receptacle is in use, shall be kept closed. Such
receptacles shall be kept upon the ground level, easily accessible
to the garbage collectors. No garbage shall be placed in such receptacle
unless having first been thoroughly drained and securely wrapped.
Such receptacles shall not be larger than a ninety-five-gallon capacity.
It shall be the duty of the collector, his agents and servants to
report to the County Board of Health the names of any persons who
fail to comply strictly with the provisions of this subsection. Upon
the failure on the part of any person to observe the regulations prescribed
by this subsection within 48 hours after notice from the County Board
of Health to comply with the same, such person shall be guilty of
violating this subsection.
[Amended 8-10-1970; 2-27-2017; 5-24-2021]
Dumping, filling or construction on any lands
abutting the outlet of Chautauqua Lake within the City is prohibited
unless a permit for such is first obtained from the City Building
Inspector.
A.
No person shall remove or transport or permit the
removal or transportation of any offensive materials or rubbish except
in such a manner as will prevent the creation of a nuisance or the
loss or discharge of such material in any such place. All such material
shall be so handled, covered or treated that it cannot escape or be
accessible to rodents, flies or other insects or create a nuisance.
B.
All vehicles or implements used in connection with
such vehicles shall be kept in an inoffensive and sanitary condition
and when not in use shall be stored or kept so as not to create a
nuisance.
C.
Any vehicle used for transporting rubbish, trash or
waste materials of any nature for hire shall be registered by the
owner or operator thereof with the City Clerk/Treasurer on September
1 of each year, and a permit for the operation of such vehicle shall
be secured from the City Clerk/Treasurer. Such permit shall be carried
at all times in the vehicle. The name and address of the owner or
operator of such vehicle shall be printed on the driver's side of
such vehicle in letters at least three inches high. Unregistered vehicles
used for transporting waste, trash or rubbish for hire shall not be
permitted in the City dump. The operation of such vehicles for hire
registered under this subsection shall be subject to such further
regulations as the Director of Public Works may reasonably require.
[1]
Editor's Note: Former Section 12.11, Permit
for collection of human waste, and Section 12.12, Penalty for violation
of preceding provisions of chapter, as amended 6-29-1970, which immediately
followed this section, were deleted 12-26-1990.
A.
No person shall throw or cast or direct, suffer or
permit any agent, employee or person in his charge to throw, cast
or place any refuse or rubbish of any kind whatsoever in any street,
walk, lawn, path, road, park or other public place or upon any private
property, whether owned by such person or not, within the City; nor
shall any person at any time sweep any of the aforementioned rubbish
or refuse from the sidewalk into the gutter except as it is permitted
for purposes of collection and except that merchants in the downtown
area may sweep refuse into the gutter between the hours of 5:00 p.m.
and 12:00 midnight only; nor shall any person throw or deposit any
refuse in any streams or other body of water.
B.
No person shall cast, place, sweep or deposit anywhere
within the City any refuse in such a manner that it may be carried
or deposited by the elements upon any street, sidewalk, alley, sewer,
parkway or other public place or into any occupied premises within
the City.
C.
It shall be unlawful for any person to scatter, drop
or spill or permit to be scattered, dropped or spilled from any vehicle
or part thereof or receptacle or otherwise any refuse or rubbish of
any sort therefrom in or upon any street or public place.
[Added 10-8-1992 by L.L. No. 2-1992]
[Adopted 10-15-1991 by L.L. No. 1-1991]
[Amended 12-20-1993; 12-28-2020; 5-24-2021]
No person shall place, throw or deposit or cause
to be placed, thrown or deposited any solid waste, recyclable material,
hazardous waste or white goods upon any public sidewalk, street, alley,
parkway, lane, gutter, park or any other public place in the City
of Jamestown or upon the banks of any waterway running through or
adjacent to the City of Jamestown; provided, however, that a person
desiring to receive the solid waste and recyclable material collection
and disposal services of the City of Jamestown may place, at curbside
in front of the parcel of real property wherein such person resides,
solid waste as defined herein in assigned garbage containers as defined
herein and recyclable materials as defined herein for pickup by the
City of Jamestown not earlier than 4:00 p.m. on the day prior to the
appointed day for the pickup of said solid waste and recyclable materials
by the City of Jamestown.
[Amended 12-28-2020; 5-24-2021]
No person shall place, throw, deposit or cause
to be placed, thrown or deposited any solid waste, recyclable material,
hazardous waste or white goods upon the private property of another
with or without the consent of the owner or occupant of such private
property; provided, however, that a person residing in a dwelling
unit situate upon a parcel of real property owned by another who desires
to receive the solid waste and recyclable material collection and
disposal services of the City of Jamestown may place, at curbside
in front of the parcel of such real property wherein such person resides,
solid waste as defined herein in assigned garbage containers as defined
herein and recyclable materials as defined herein for pickup by the
City of Jamestown not earlier than 4:00 p.m. on the day prior to the
appointed day for the pickup of said solid waste and recyclable materials
by the City of Jamestown.
[Amended 5-24-2021]
No person shall place, at curbside for collection
by the City of Jamestown, any solid waste as defined herein which
is not contained in a sanitation bag placed inside an assigned container
as defined herein.
No person shall place, throw, deposit or cause
to be placed, thrown or deposited any solid waste, recyclable material,
hazardous waste, white goods, shrubs, grass clippings, tree branches
or tires into any receptacle, dumpster or other like or similar container
designed for and utilized for the receipt of solid waste, unless such
solid waste, recyclable material, hazardous waste, white goods, shrubs,
grass clippings, tree branches or tires were originated or were generated
upon the real property wherein such solid waste receptacle, dumpster
or other like or similar container is located.
No person shall commingle with any solid waste
placed at curbside for collection by the City of Jamestown any recyclable
materials, nor shall any person place at curbside for collection by
the City of Jamestown any solid waste the weight of which when placed
in a sanitation bag exceeds 40 pounds.
[Added 9-28-1992 by L.L. No. 5-1992; amended 11-27-1995; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 11-23-2009; 11-27-2012; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
No private solid waste hauler shall be permitted or entitled to collect and transport solid waste in the City of Jamestown without having first obtained a license to do so from the office of the City Clerk/Treasurer of the City of Jamestown in accordance with Chapter 175 of the Jamestown City Code. Each licensee shall pay a fee of $200 per annum or any part thereof, together with $50 for each and every vehicle utilized to collect and/or transport solid waste. If the solid waste hauler collecting solid waste from either commercial or residential sources which is stored upon City property, it shall file with the office of the City Clerk/Treasurer a certificate of insurance, naming the City of Jamestown as loss payee and as an additional insured, in form acceptable to the office of the Corporation Counsel and in a minimum amount of $100,000 per single occurrence and $300,000 per multiple occurrence. For purposes of this section, a license shall run from September 1 of each year and shall expire August 31 of the succeeding year. Such private solid waste hauler license shall be accompanied by a decal for each vehicle utilized to collect and/or transport solid waste and shall be, at all times, displayed in a conspicuous place on the left lower corner of the left front window of each vehicle.
[Amended 9-28-1992 by L.L. No. 5-1992; 12-20-1993]
Any person convicted of violating any of the provisions of §§ 160-11, 160-12, 160-13 and 160-14 of this article shall be guilty of a misdemeanor punishable by a fine of not less than $150 nor more than $1,000 or imprisonment for not less than 15 days nor more than one year, or both. Any person convicted of violating the provisions of § 160-15 of this article shall be punished in accord with the provisions of Chapter 224, Recycling, of the Code of the City of Jamestown.
The disposal and collection of recyclable materials shall be governed by the provisions of Chapter 224, Recycling, of the Code of the City of Jamestown, and this article shall not be construed so as to alter, amend, replace or repeal any of the provisions therein contained.
A.
All other local laws, ordinances or parts of local
laws or ordinances in conflict herewith are hereby repealed.
B.
Local Law No. 1-1990 is hereby repealed effective
January 1, 1992; provided, however, that the repeal of Local Law No.
1-1990 shall in no way be deemed to waive or in any way affect the
validity of any lien imposed pursuant to the authority of Local Law
No. 1-1990 or of the claims of the City of Jamestown against any person
for unpaid sanitation fees imposed for the years 1990 and/or 1991
pursuant to the authority of Local Law No. 1-1990.
