City of Ithaca, NY: Definitions.

That area of public property between the south building lines on the north side and the north building lines on the south side of the former bed and associated sidewalks of East State Street between the east line of Cayuga Street and the west line of Aurora Street and that area of public property between the west building lines on the east side and the east building lines on the west side of the former bed and associated sidewalks of North Tioga Street between the north line of State Street and the south line of Seneca Street.

RECYCLABLE MATERIALS or RECYCLABLES

See definition in § 178-2.

[Amended 6-13-2001 by Ord. No. 2001-8]

REFUSE

See definition in § 178-2.

[Amended 6-13-2001 by Ord. No. 2001-8]

RUBBISH

Includes:

(1)

Food wastes, including but not limited to table cleanings; fruit, vegetable and animal matter parings and scraps; decaying or spoiled vegetable, animal and fruit matter; and fallen fruit.

(2)

Any paper, plastic, cardboard or other material used to wrap, cover or contain food, other than certain materials defined in this section as recyclable materials, and any other household waste resulting from the use, consumption and preparation of food.

(3)

Any other waste materials, other than those materials defined as recyclables, such as plastic, metal, rags, drugs, health aids and materials, sweepings, excelsior, rubber, leather, cloth, clothing, waste materials from normal maintenance and repair activities, pasteboard, crockery, shells, dirt, filth, ashes, wood, glass and brick.

Rubbish does not include recyclable materials as defined in this section. However, rubbish shall include recyclable materials which cannot be recycled because of secondary household use.

RUBBLE

See definition in § 178-2.

[Amended 6-13-2001 by Ord. No. 2001-8]

SECONDARY HOUSEHOLD USE

A household use which contaminates recyclable materials, making them unusable for recycling.

SOLID WASTE

See definition in § 178-2.

[Added 6-13-2001 by Ord. No. 2001-8]

SUPERINTENDENT

The Superintendent of Public Works.

§ 196-2 Collection.

The Department is authorized to collect on a regular basis those waste materials that constitute refuse, namely garbage, recyclable materials and collectible yard wastes.

[Amended 6-13-2001 by Ord. No. 2001-8]

The Department is also authorized to collect any additional waste materials that the Superintendent may announce will be collected on particular days or during particular time periods. These additional waste materials may include, for example, bulk items, trees, tree stumps and large branches. The Department is authorized to collect any such additional waste materials on the days or during the time periods announced by the Superintendent.

The Department shall not be responsible for collecting any waste materials that have been placed or prepared in ways that do not comply with all the provisions of this chapter. In particular, the Department shall not be responsible for collecting waste materials in which recyclable materials are mixed together with other materials or in which recyclable materials have not been placed or prepared in accord with this chapter.

§ 196-3 Preparation and placement at curb.

No person shall place any waste materials at or near any curb, sidewalk or street for purposes of collection by the Department other than the following:

(1)

Refuse.

(2)

On particular days or during particular time periods, any other waste material that the Superintendent has announced the Department will collect at those times.

No person shall place any garbage at or near any curb, sidewalk or street for purposes of collection unless that person complies with one or both of the following requirements:

[Amended 6-13-2001 by Ord. No. 2001-8; 9-1-2010 by Ord. No. 2010-06]

(1)

Each person shall provide and utilize separate containers for disposal of garbage. Any such containers shall be made of metal, plastic or other suitable material, shall have tight-fitting covers, shall have handles on the top and sides and shall be shaped so that all materials flow freely when the container is dumped. No such container shall exceed 32 gallons in capacity, and, when filled, no such container shall weigh more than 70 pounds.

(2)

Each person shall provide and utilize disposable plastic bags for disposal of rubbish. Any such bag shall be at least 1.5 mils thick and sufficiently strong to contain the materials enclosed. When filled, each such bag shall be securely tied and shall weigh no more than 50 pounds.

No person shall place any collectible yard wastes at or near any curb, sidewalk or street for purposes of collection by the Department unless that person complies with the following requirements:

[Amended 9-1-2010 by Ord. No. 2010-06]

(1)

For purposes of disposing of collectible yard waste other than brush, each person shall provide and utilize containers that meet the requirements of Subsection B(1) of this section (with the exception that no covers are required) and/or biodegradable paper bags that are sufficiently strong to contain the materials enclosed under reasonably expected weather conditions, such as paper bags made for temporary storage of yard waste. When filled, each such bag shall weigh no more than 50 pounds. No person shall put out otherwise collectible yard wastes in bags composed in any part of plastic for collection by the Department.

(2)

Each person shall securely tie brush in bundles, with no individual bundle exceeding 48 inches in length or 50 pounds in weight. No person shall put out more than two such bundles of brush for any one collection by the Department.

No person shall place any recyclable materials at or near any curb, sidewalk or street for purposes of collection unless that person separates the recyclable materials, prepares and places them at or near the curb, sidewalk or street in a manner consistent with that required by county and state rules and regulations, and complies with the requirements of City Code § 178-3K.

[Amended 6-13-2001 by Ord. No. 2001-8]

When the Superintendent has announced that waste materials other than refuse will be collected on particular days or during particular periods, any person placing any waste other than refuse at or near any curb, sidewalk or street for purposes of collection by the Department shall comply with the following:

(1)

The waste material shall be of the type announced by the Superintendent.

(2)

The waste material shall be placed for collection at the times specified by the Superintendent.

(3)

The waste material shall be collected, bound, contained, placed or otherwise treated in the manner specified by the Superintendent.

Refuse, as well as any other waste material the Superintendent announces will be collected, shall be placed for collection at or near a curb, sidewalk or street after 2:00 p.m. on the day prior to the day designated for collection and before 4:00 a.m. on the day designated for collection. For collections performed by the Department, there will be no callbacks to collect refuse or any other wastes that are placed for collection after 4:00 a.m. on the designated collection day.

[Amended 6-13-2001 by Ord. No. 2001-8]

No person shall place any waste material at or near any curb, sidewalk or street other than the curb, sidewalk or street immediately in front of the property from which such waste material was generated.

§ 196-4 Removal of empty containers.

[Amended 6-13-2001 by Ord. No. 2001-8]

All empty refuse containers and any other empty waste containers shall be removed from the curb, sidewalk or street where they have been placed as soon as possible after collection and, in any event, on the same day as collection. Empty refuse containers or other empty waste containers remaining at or near the curb, sidewalk or street on the day after collection may be picked up and disposed of by the Department.

§ 196-5 Removal of uncollected materials.

[Amended 6-13-2001 by Ord. No. 2001-8]

Where the Department or private hauler has not collected certain refuse and/or waste materials because those materials were not placed or prepared in accord with the provisions of this chapter and/or the private hauler's requirements, the person responsible for putting those waste materials at or near a curb, sidewalk or street for collection shall remove those wastes from that location as soon as possible after the Department or private hauler has refused collection and, in any event, by the end of the designated collection day.

§ 196-6 Noncompliance; special service charges.

Whenever a person places refuse or other waste material at or near a curb, sidewalk or street for collection by the Department without complying with all the provisions of this chapter or fails to comply with § 196-5, the Department may do either of the following:

(1)

The Department may choose not to collect the refuse or other waste material. In such case, the Department shall affix a notice to the waste material which gives the reason why. The Department may also notify the property owner of the property from which such uncollected waste material was generated why the Department did not collect that material. That notice shall be either verbal or written, as the Department determines is appropriate, and shall be provided as soon as feasible after the Department refuses to collect that material; or

(2)

The Department may collect the refuse or other waste material notwithstanding the fact that it does not comply with the provisions of this chapter. In such cases, effective June 1, 1988, the Department shall assess a special service charge against the owner of the property from which such waste material was generated.

(a)

Such special service charge shall be in accord with the following:

[1]

Residential units: $20 per each occasion requiring a service charge.

[2]

Commercial or other units: $40 per each occasion requiring a service charge.

(b)

The Department shall provide written notice of said special service charge to said property owner as soon as feasible after the Department collects the waste in question. Such special service charge shall be levied in accord with the City of Ithaca Charter § C-76. Such special service charge shall be payable at the City Chamberlain's office, either in person or by mail.

Whenever refuse or other waste material has been placed for collection after 5:30 a.m. on the day of collection, the Department may, in its own discretion, determine to respond positively or negatively to a request by the property owner of the property from which such waste was generated that the Department return to such property and collect that waste material. When the Department agrees to return to the property and collect that material, it shall assess a special service charge against that property owner in accord with Subsection A(2) of this section.

For any nonscheduled collection of waste material by the Department, the Department shall assess a special service charge against the responsible property owner. Such special collection charge shall be in accord with the provisions of Subsection A(2) of this section.

§ 196-7 Primary Commons.

Notwithstanding any other provision of this chapter, collection of refuse and other wastes generated on the Primary Commons shall be governed by the provisions of this section.

(1)

Recyclable materials generated on the Primary Commons shall be placed only at locations designated by the Superintendent.

(2)

All refuse other than recyclable materials generated on the Commons shall be placed for collection in disposable plastic bags that meet the requirements of § 196-3B(2).

(3)

All refuse and other waste material to be collected from the Primary Commons shall be placed in the proper locations after 4:30 p.m. on the day prior to the designated collection day and before 4:00 a.m. on the designated collection day.

Except as otherwise provided in Subsection A(1) through (3) of this section, all of the provisions of this chapter shall govern the collection of refuse and other wastes generated on the Primary Commons.

§ 196-8 Collection or removal of recyclables.

[Amended 6-13-2001 by Ord. No. 2001-8]

From the time any person places any recyclable materials at or near any curb, sidewalk or street for purposes of collection, no person who is not acting under authority of the City, Tompkins County, or their authorized agents shall collect, pick up, remove or cause to be collected, picked up or removed any recyclable materials so placed for collection, and each such unauthorized collection, pickup or removal shall constitute a separate violation of this chapter. However, where the Department or county has refused to collect certain recyclable materials because they have not been placed or treated in accord with the provisions of this chapter, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or street side in accord with the provisions of this chapter.

§ 196-9 Private waste haulers.

Nothing in this chapter shall be deemed to prevent any person from entering into a contractual agreement with an authorized private waste hauler for the removal of refuse and other waste materials generated by that person or by property owned by that person.

§ 196-10 Containers for recyclable materials.

The Board is authorized to establish an appropriate mechanism for selling or facilitating the sale of waste containers for recyclable materials that meet the requirements of this chapter.

§ 196-11 Additional regulations. [1]

The Board shall have authority to adopt whatever regulations are consistent with this chapter and to continue to enforce any existing regulations that are consistent with this chapter.

[1]

Editor's Note: See also Ch. 331, Garbage, Trash and Weeds.