[HISTORY: Adopted by the City Council of
the City of Jamestown 3-26-1990. Amendments noted where applicable.]
It is the goal of the City of Jamestown to facilitate
the collection and disposal of solid waste generated by the residents
of the City of Jamestown in the most economical and environmentally
acceptable manner, to reduce the total amount of solid waste disposed
of by the residents of the City of Jamestown, to encourage all residents
to recycle reusable materials, to protect the environment and to provide
for the general health, safety and welfare of the residents of the
City of Jamestown and the environment thereof. The City Council of
the City of Jamestown accordingly adopts this chapter in order to
provide for the public health, safety and welfare and to facilitate
the conservation of vital natural resources.
A.Â
For the purposes of this chapter, certain words and
phrases shall be construed herein as set forth in this section unless
it is apparent from the context that a different meaning is intended.
When not inconsistent with the context, the present tense shall include
the future, and words used in the plural shall include the singular
and vice versa. A masculine pronoun shall include the feminine, and
the word "shall" is always mandatory and not merely directory.
B.Â
CARDBOARD
DWELLING UNIT
HAZARDOUS WASTE
METAL CANS
NEWSPAPERS
PRIVATE HAULER
RECYCLABLES
RESIDENCE
RESIDENT
SOFT PLASTIC
SOLID WASTE
WHITE GOODS
As used in this chapter, the following words shall
have the meaning indicated.
A thick corrugated paperboard, including corrugated boxes
and cartons and similar corrugated materials.
A one or more rooms designed for occupancy by one family
for living and sleeping purposes.[1]
Waste defined in § 27-0903 of the New York Environmental
Conservation Law, as amended, and the regulations thereunder, and
at Section 1004 of the Federal Resource Conservation and Recovery
Act of 1976, as amended, 42 U.S.C. § 6903, and the regulations
thereunder.
Food and beverage containers made entirely of metal to which
there may be added paper or plastic labels.
A paper product printed on newsprint, including all newspaper,
newspaper advertisements and comics, but excluding magazines, telephone
books or other advertising material printed on glossy or slick papers,
including such advertising material printed on glossy or slick paper
which is enclosed with newspapers.
A person, firm or corporation providing to residents the
service of collecting and disposing of solid waste and/or recyclables
to residents who do not for whatever reason receive the solid waste
collection and disposal services of the City of Jamestown.
Solid waste consisting of cardboard, newspapers, metal cans
and soft plastic, together with such other materials as may from time
to time be designated by the General Manager of the City of Jamestown
Board of Public Utilities and approved by the Jamestown City Council.
[Amended 2-27-2017; 12-28-2020]
A building or parcel of land containing dwelling units.
A person residing in a residence.
Containers consisting of the type of plastic upon the bottom
or some other part of which there is embossed a universal recycling
symbol as determined by the General Manager of the City of Jamestown
Board of Public Utilities, but excluding the caps or lids of such
containers; also, milk containers made of plastic regardless of whether
embossed with the universal recycling symbol and such other food and
beverage containers as may from time to time be designated by the
General Manager of the City of Jamestown Board of Public Utilities,
but excluding the caps or lids of such milk containers or other containers.
[Amended 8-13-1990; 2-27-2017]
Putrescible 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,
waste material, both animal and vegetable, and wastepaper, but excluding
white goods, tires, hazards 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.
Household mechanisms, including but not limited to televisions,
air conditioners, refrigerators, washers, dryers, stoves, lawn mowers
and other large and/or bulky items.
[1]
Editor's Note: The former definition of "glass," which immediately
followed this definition, was repealed 12-28-2020.
It shall be the duty and responsibility of all
persons who are residents of the City of Jamestown to separate recyclables
from all residential solid waste whether such persons receive the
solid waste collection and disposal services of the City of Jamestown
or such persons dispose of solid waste by private hauler or any other
lawfully accepted method of solid waste disposal.
It shall be the duty and responsibility of all
persons residing in the City of Jamestown who receive the solid waste
collection and disposal services of the City of Jamestown to separate
recyclables from all residential solid waste and place such recyclables
out for collection in the following manner:
A.Â
Newspapers, cardboard, boxboard, paper, plastic, and
metal (aluminum, tin) shall be placed in the appropriate recycling
container approved by the City of Jamestown Board of Public Utilities.
Cardboard boxes and other cardboard containers shall be flattened
prior to placement in the appropriate recycling container approved
by the City of Jamestown Board of Public Utilities.
[Amended 8-13-1990; 2-27-2017; 12-28-2020]
B.Â
Prior to placement for collection and removal, newspapers
and cardboard shall be free of staples, and soft plastic and metal
cans shall be cleaned and the contents removed therefrom. Caps and
lids shall be removed from all soft plastic recyclables. Metal cans
shall be flattened whenever possible.
[Amended 2-27-2017; 12-28-2020]
C.Â
Recyclables for collection by the City of Jamestown
shall be placed at curbside on the day of the week specified by the
General Manager of the City of Jamestown Board of Public Utilities.
Cardboard and newspapers, soft plastics, and metal cans shall be collected
on separate weeks in accord with a schedule designated by the General
Manager of the City of Jamestown Board of Public Utilities. Recyclables
placed for collection shall be collected on the same day of the week
designated by the General Manager of the City of Jamestown Board of
Public Utilities for the collection of solid waste.
[Amended 8-13-1990; 2-27-2017; 12-28-2020]
D.Â
No person shall place any solid waste or recyclables
at curbside for collection earlier than 4:00 p.m. on the day prior
to the appointed day for the pickup of said solid waste and recyclables
by the City of Jamestown.
[Amended 8-13-1990; 12-28-2020]
E.Â
Recyclables shall not be placed or mixed in the same
container or otherwise commingled with other forms of solid waste.
F.Â
Ownership of recyclables set out for collection shall
thereupon vest with the City of Jamestown. It shall be unlawful for
any person other than a person authorized by the City of Jamestown
to collect, remove or dispose of recyclables, the ownership of which
has vested with the City of Jamestown as herein provided.
[Amended 2-27-2017]
G.Â
The General Manager of the City of Jamestown Board
of Public Utilities is hereby empowered to designate the day of the
week on which solid waste and particular recyclables will be collected
and removed from a particular area.
[Amended 2-27-2017]
H.Â
No person shall put out for collection and disposal
any hazardous waste, nor shall any person commingle with any solid
waste or recyclables put out for collection any hazardous waste.
[Amended 2-27-2017]
A.Â
No person receiving solid waste collection and/or
disposal services from a private hauler at a residence shall mix or
commingle recyclables with solid waste in the same container. All
recyclables of such person shall be placed in separate containers
from the containers of solid waste of such person for pickup and disposal
by a private hauler.
B.Â
No person receiving solid waste collection and/or
disposal services from a private hauler at a residence shall place
at curbside or upon any other real property of the City of Jamestown
any solid waste, recyclables, white goods or hazardous materials for
collection by such private haulers.
C.Â
No private hauler shall collect from any residence
in the City of Jamestown any solid waste in which there is mixed or
commingled recyclables in the same container as such solid waste.
Such private hauler may, however, collect all recyclables from such
residences that are placed in containers separate from containers
of solid waste.
The owner of a residence shall cause to be displayed
on such residence the street number of such residence. Such number
shall be of no less than two inches in length and/or width so as to
be legible from the curbside of the main entrance on the street upon
which such residence is located.
[Amended 11-23-2009]
Any person convicted of violating any of the
provisions of this chapter shall be guilty of a violation, punishable
as follows:
A.Â
For a first conviction: a fine of not less than $25
nor more than $50.
B.Â
For a second conviction within one year: a fine of
not less than $50 nor more than $100.
C.Â
For a third conviction within one year: a fine of
not less than $100 nor more than $250.
D.Â
For a fourth and each subsequent conviction within
one year: a fine of not less than $250 nor more than $500.