[Adopted 1-28-1991 by L.L. No. 1-1991 (Ch. 48 of the 1975 Ogdensburg
Municipal Code)]
[Amended 1-23-2017 by Ord. No. 1-2017]
The City Council of the City of Ogdensburg hereby determines
it appropriate to promote the separation and recovery of reusable
and recyclable materials from the waste stream to the extent that
economic markets or alternate uses exist. Further the City Council
is desirous of complying with the provisions of New York State General
Municipal Law § 120-aa.
[Amended 1-23-2017 by Ord. No. 1-2017]
As used in this article, the following terms shall have the
following meanings:
The territory within the incorporated boundaries of the City
of Ogdensburg.
The seasonal collection of yard waste (leaves, brush and
tree limbs less than six inches in diameter) by City Department of
Public Works crews as advertised in the official newspaper of the
City.
The City Council of the City of Ogdensburg.
The presence of solid waste and recyclables in same bag or
container.
A form of recycling where vegetable and other organic materials
are biologically decomposed under conditions which discourage nuisance
odors, vermin and/or litter to produce humus, a valuable soil additive.[1]
Any individual, head of household, landlord, tenant, chief
executive person, owner or manager of a commercial or industrial establishment
or institution which generates or collects and transports solid waste,
and any other generator of solid waste as defined herein.
Any material that after having served its intended specific
purpose still has useful or physical or chemical properties that enables
it to be feasibly separated, recovered, processed, marketed and/or
reused. "Feasibly recovered" shall mean that an "economic market"
as defined in the General Municipal Law, § 120-aa exists
for a material that is recyclable.
Any item which has been discarded by an owner but has an
effective life and use for another person.
All non-recyclable materials or substances discharged or
rejected as being spent, useless or worthless to the owners at the
time of such discard or rejection or as being accumulated, stored
or physically, chemically and biologically treated prior to being
discarded or rejected having served their intended use in having no
economic reuse as measured by the cost of processing such waste for
reuse as compared to the cost of discarding said waste in landfills,
storage or incinerators. "Solid wastes" are, in addition, all portions
of the waste stream which do not have "economic markets" as defined
in the General Municipal Law § 120-aa. The medical waste
is hereby excluded from this definition.
The segregation of reusable and/or recyclable materials at
the point of generation for separate collection, sale or other disposition.
[1]
Editor's Note: The former definition of "permit," which immediately
followed this definition, was repealed 1-24-2000 by Ord. No. 00-1.
[Amended 1-23-2017 by Ord. No. 1-2017]
A.
Hours of collection. It shall be unlawful and a violation of this
article to make any collection within the City of Ogdensburg prior
to 5:00 a.m. and after 7:00 p.m., Monday through Saturday, or at any
time on Sunday.
B.
Standards for recycling.
(1)
All solid waste haulers conducting business within the City of Ogdensburg
shall provide a source separation system designed to achieve maximum
on-site recovery of reusable or recyclable materials specified herein
and shall collect and transport said materials directly to market
or to resource recycling facilities in compliance with the laws of
the State of New York and regulations implementing those laws. A copy
of the acceptable recyclables list, sorting and handling requirements,
and best practices is available through the St Lawrence County Solid
Waste Department or North Country Recycles.
[Amended 1-24-2000 by Ord. No. 1-2000]
All persons, firms or corporations who carry or transport solid
waste shall when so carrying said items over the city streets in the
City of Ogdensburg, New York, cover such solid waste with a tarpaulin
or other material or shall carry such solid waste in containers so
as to prevent such material in being bounced, jarred or blown off
from the transporting vehicle. No person, firms or corporations who
carry or transport solid waste over the city streets in the City of
Ogdensburg shall operate in any manner which violates the Vehicle
and Traffic Law of the State of New York or unreasonably endangers
the safety of passengers in the vehicle carrying waste or other persons
on the city streets in the City of Ogdensburg, New York.
[Amended 1-23-2017 by Ord. No. 1-2017]
A.
No person shall dispose of solid waste, including recyclable materials,
in the City of Ogdensburg unless the solid waste is picked up by a
hauler or transported to an approved County or private facility. A
person may engage in composting within the City of Ogdensburg, provided
that composting meets all applicable state laws and regulations. Composting
on home grounds shall be permitted, provided that:
B.
No person shall bring solid wastes into the City of Ogdensburg for
the purpose of disposing of them unless all solid wastes are source-separated
as defined in this article and unless those solid wastes are destined
to be delivered to a solid waste management facility as defined in
Part 360 of the regulations of the Department of Environmental Conservation.
A person shall be permitted to dispose of solid waste and recyclable
materials or reusable materials by transferring or selling those materials
to a hauler or to another person for that person's use or by transporting
them to a "solid waste management facility" as defined in Part 360
of the regulations of the Department of Environmental Conservation
of the State of New York, provided that the solid waste management
facility is designed to accept the materials so delivered. A person
within the City of Ogdensburg shall be in violation of this article
by disposing of solid waste or recyclable materials in any other manner.
C.
The hauler shall prohibit residential customers from using opaque or translucent plastic bags for the disposal of solid waste or recyclables at curbside. Transparent plastic bags are acceptable. Haulers who collect opaque or translucent plastic bags or transparent bags with commingled waste that is not separated shall be subject to the enforcement penalties noted in § 181-7.
[Amended 1-23-2017 by Ord. No. 1-2017]
A.
All provisions of this article shall be enforced by the City of Ogdensburg.
B.
Failure to comply with this article by any person or hauler shall
be an offense punishable as provided herein and shall be treated as
a "violation" as it relates to this chapter.
C.
Maximum penalties for the violation of the provisions of this chapter
shall be:
(1)
A first offense of any violation of this chapter shall be punishable
by a maximum fine of $25, a charge to the violator for all costs incurred
by the City of Ogdensburg in removing the yard waste, prohibited yard
waste materials, solid waste and/or recyclables which caused the violation
and a 10% administration fee and shall be payable upon demand of the
City of Ogdensburg.
(2)
A second offense within one year of the first violation of this chapter
shall be punishable by a fine of not more than $85, all removal costs
incurred by the City of Ogdensburg in removing the yard waste, prohibited
yard waste materials, solid wastes and/or recyclables which caused
the violation and a 10% administration fee and shall be payable upon
demand of the City of Ogdensburg.
(3)
Subsequent violations within a year of the date of the first violation
of this chapter shall be punishable by a fine of not more than $500,
a charge for all costs incurred by the City of Ogdensburg in removing
the yard waste, prohibited yard waste materials, solid wastes and/or
recyclables which caused the violation and a 10% administration fee
and shall be payable upon demand of the City of Ogdensburg.
The removal of building demolition debris shall be exempt from
the provisions of this article where the hauler is in possession of
a valid demolition permit from the City of Ogdensburg Code Enforcement
Office.
[Amended 4-26-2010 by Ord. No. 5-2010]
No person shall drop, deposit or otherwise dispose of any solid
waste or recyclables within the boundaries of any street, road, highway
or public place of said City of Ogdensburg or upon any private property
adjacent to any such street, road, highway or public place except
as permitted by this article. No person shall allow, permit or cause
to exist any unsanitary or filthy condition in or about any premises
owned, used or occupied by said persons. No person shall ignite or
burn or cause to be ignited or burned within the City of Ogdensburg
any solid waste or recyclables unless permitted by this article and
unless those wastes are placed in an incinerator constructed for such
purpose and properly installed and equipped in conformity with all
laws, rules and regulations pertaining thereto. No person shall bury
on private property any solid waste, garbage, whole or portions of
buildings with the exception of foundation walls consisting of stone,
brick or masonry. This section may be enforced by either the City
of Ogdensburg Police Department or the Code Enforcement Division of
the Ogdensburg Fire Department.
