City of Rochester, NY Article II Residential and Commercial Refuse Management

[Adopted 6-16-1992 by Ord. No. 92-246[1]]

[1] Editor's Note: This ordinance provided that former Art. II, Refuse Collection and Disposal, adopted 2-11-1958, as amended, be repealed.

§ 20-10 Scope.

This article establishes rules for residential and commercial refuse management.

§ 20-11 Public collection and disposal of refuse.

A. The Department shall collect and dispose of dead animals and all residential refuse originating in the City, as further limited by this article. Such refuse shall be stored and prepared for collection by property owners and occupants in accordance with the provisions of this article. The Department may collect and dispose of commercial refuse originating in the City as further limited by this article. The Department shall not collect industrial waste, infectious waste, hazardous waste or electronic recyclable materials. The Commissioner may promulgate regulations covering the items of collection of refuse and the fees charged therefore, and such other matters pertaining to the public collection and disposal of refuse, as he or she may deem necessary, provided that such regulations are not contrary to the provisions hereof.

[Amended 2-14-2006 by Ord. No. 2006-22; 11-17-2015 by Ord. No. 2015-367]

B. The Department shall collect residential refuse, bulk refuse and recyclables originating in the City as defined by this chapter once each week. All other collections will be made at a frequency determined by the Commissioner to be necessary consistent with the public health. User fees shall be charged consistent with the frequency of collection.

C. Commercial users must provide for the lawful collection and disposal of refuse and recyclables. Commercial users who do not produce industrial waste may elect to be serviced exclusively by the Department or may be serviced by licensed commercial refuse and/or recyclable collectors. Commercial users not serviced exclusively by the Department must establish to the satisfaction of the Commissioner that a licensed commercial refuse and/or recyclable collector is providing collection and disposal services for the user and that refuse collection is being made at a frequency determined by the Commissioner to be consistent with public health requirements. Failure to provide for adequate collection and disposal services or to provide satisfactory proof to the Commissioner shall constitute a violation.

D. Commercial users who elect to be serviced exclusively by licensed commercial refuse and/or recyclable collectors or commercial users who have had public collection service discontinued shall provide commercial containers or alternate containers sufficient in number to hold all refuse accumulating between scheduled refuse collections and shall not allow refuse to be stored or to accumulate on their property. Any substantial accumulation of refuse or waste is hereby declared to be a sanitary health hazard and a public nuisance. The Commissioner shall have the authority to abate any sanitary health hazard or public nuisance and to impose the fees, charges and penalties of this chapter as well as the cost of disposal for such abatement.

E. Commercial users who produce industrial waste must be serviced exclusively by licensed commercial refuse and/or recyclable collectors unless the owner establishes to the Commissioner's satisfaction that such exclusive service is impracticable and the user will not offer industrial waste for City collection.

F. No person, except City employees in the performance of their official duties and City contractors, shall engage in the collection of residential refuse or recyclables placed between the sidewalk and curb by residential users for public collection.

§ 20-12 City-issued and alternate containers.

A. The City will provide one City-issued container for the sole purpose of refuse storage and collection to each dwelling unit within a residential use.

B. The City will provide replacement City-issued containers to residents as necessary. The City reserves the right to charge property owners a replacement fee for these containers equal to the cost of a new container, in accordance with rules and regulations established by the Commissioner.

C. The City-issued container is owned by the City, shall remain at the premises and shall be used solely for the purpose of storage and collection of refuse. The property owner bears responsibility for the use, storage and care of the City-issued container.

D. Alternate containers which have rusted through the sides or bottom or are bent, dented or damaged to the extent that they are not water- or flytight or vermin-resistant shall not be used for storing refuse. Containers shall be maintained at all times in a clean and sanitary condition.

E. Alternate containers declared unfit or useless shall be replaced with new alternate containers.

F. Disposable plastic bags which are waterproof, strong and securely tied may be used in addition to the City-issued container for large amounts of residential refuse. However, glass and other objects in refuse that are sharp or that could cause injury shall not be placed in plastic bags and shall be placed in either metal or plastic containers for collection. The total weight of objects placed in plastic bags shall not exceed 30 pounds. The Commissioner is authorized to revoke the use of plastic bags where safety and health conditions warrant.

G. The Commissioner is authorized, after a time/volume study has been conducted of a mixed-use parcel of land or a parcel of land containing more than one residential structure, to charge a more appropriate commercial rate for refuse collection on said parcel based upon the amount of refuse generated.

[Added 6-18-1996 by Ord. No. 96-203]

§ 20-13 Commercial containers.

A. Commercial refuse customers generating one cubic yard or less per collection shall provide wheeled refuse containers for collection. These may be rented from the City or purchased from another vendor. All containers must be compatible with the City collection system and are subject to approval by the Commissioner or the Commissioner's designee.

B. Commercial refuse customers generating more than one cubic yard per collection shall provide watertight, flytight and vermin-resistant containers which shall be used for the sole purpose of storing refuse and which shall be plainly marked with the name of the owner. The Commissioner shall have the authority to direct that any container be cleaned, sanitized, painted or repaired as necessary. Alternate means of storage must be approved by the Commissioner or the Commissioner's designee.

§ 20-14 Storage of refuse.

No refuse shall be placed or stored on any premises within the City except as permitted by this article. Residential refuse shall be deposited promptly and stored in City-issued containers or alternate containers if the City-issued container is filled. Commercial refuse shall be deposited promptly and stored in City-issued containers or commercial containers. Containers shall be placed by the owner and/or occupant of the premises where such refuse originated at the rear or side yard of the main building on such premises. Such refuse shall be stored in a manner so as not to create a health hazard or public nuisance. Any substantial accumulation of refuse or waste is hereby declared to be a sanitary health hazard and a public nuisance. Refuse shall not be placed or stored in the street, sidewalk or gutters or in any public place except as directed herein or by the Commissioner. The Commissioner shall have the authority to abate any sanitary health hazard or public nuisance and to impose the fees, charges and penalties of this chapter as well as the cost of disposal for such abatement.

§ 20-15 Preparation of refuse for collection and point of collection.

A. Refuse offered for public collection shall be prepared for collection by the owner and/or occupant of a premises as provided in this section. The placement of refuse for collection in front of a premises other than a premises at which the refuse originated constitutes illegal dumping and is prohibited by § 20-16 of this Code.

B. All residential refuse, including bulk refuse and building refuse, properly deposited in a City-issued container or as otherwise authorized in this chapter or by rule and regulation of the Commissioner, shall be placed for collection between the sidewalk and the curb or alongside the roadway in front of the premises at which the refuse originated, no earlier than the night before the scheduled refuse collection day. In the event that the City-issued container is filled, residents may deposit additional refuse in an alternate container for collection.

C. Ashes. Ashes shall be allowed to cool and shall then be deposited in a separate alternate container.

D. Bulk refuse. Bulk items, which are too large or too heavy to be deposited in a City-issued container or alternate container, such as tree trimmings, hedge trimmings and discarded lumber, shall be securely tied in bundles not heavier than 60 pounds, not more than four feet in length, nor more than 18 inches in diameter. All nails shall be removed from discarded lumber or bent over and secured so the point is not exposed. If there is not sufficient space between the sidewalk and the curb or alongside the roadway, the Commissioner may require the owner or occupant to place such refuse on scheduled refuse collection days at some convenient and accessible location.

E. Building refuse. Building refuse resulting from major repairs or remodeling by the owner of the property, that is too large or too heavy to be properly placed in a City-issued container or alternate container, shall be prepared for collection as described in Subsection D above.

F. Construction waste. Contractors performing work must make arrangements for the proper and legal collection and disposal of waste generated during the construction process and such waste shall not be collected by the City.

G. Lawn cuttings. Lawn cuttings and trimmings if not composted may be placed in a City-issued container, alternate container or plastic bags with residential refuse and treated as such.

H. Leaves. Backyard composting of leaves is authorized by the Department. Leaves not composted may be left in loose piles between the sidewalk and the curb or alongside the roadway for a one-time collection by the City sometime between October 15 and November 30 of each year. At all other times leaves shall be placed in alternate containers or plastic bags.

I. City-issued containers and alternate containers must not be filled over their level capacity.

J. All commercial and institutional refuse shall be properly deposited in City-issued containers or commercial containers for collection by either the City or a licensed commercial refuse and/or recyclable collector.

K. All containers shall be removed from the area between the sidewalk and the curb or alongside the roadway within 24 hours after collection and returned to their storage area at the rear or side yard of the premises.

L. The Commissioner is hereby authorized to grant an exemption from the curbside or roadside collection requirements to any person who is physically unable to deliver the refuse to the curbside or roadside and who lives alone or in a house where no other person is able to deliver the refuse to the curbside or roadside.

§ 20-16 Illegal dumping.

[Amended 7-14-1998 by Ord. No. 98-300; 12-20-2005 by Ord. No. 2005-407; 11-17-2015 by Ord. No. 2015-367]

No person shall place, throw, deposit or dump or cause to be placed, thrown, deposited or dumped any refuse, residential refuse, building refuse, bulk refuse, commercial refuse, institutional refuse, waste, construction waste, hazardous waste, industrial waste, infectious waste, electronic recyclable materials, and/or recyclable materials in or upon any premises, street (including the area between the sidewalk and the curb), sidewalk or park, or in any litter basket, recycling bin or container placed in a right-of-way, park or public place, or provided for a special project or event. This section shall not apply to refuse placed for collection in front of the premises in which it originated, to filling for which a permit has been granted pursuant to Article IV of Chapter 39 of the Municipal Code or to the deposit of litter and recyclables generated on the public right-of-way in City litter baskets and street recycling containers by pedestrians and motorists, the placement of refuse generated in parks and other public places in provided receptacles, or to the deposit of refuse from special events or projects in containers placed for the collection of such refuse. Any motor vehicle used in connection with the commission of a violation of this section shall be towed in accordance with § 111-75 of the Municipal Code.

§ 20-17 Dead animals.

Dead animals shall be removed by the Department on request, except that an animal hospital or other business caring for or harboring animals must remove and dispose of dead animals without the aid of the Department. The owner or custodian of an animal may remove and dispose of any dead animal by contract with a licensed commercial refuse and/or recyclable collector. In no event shall a dead animal remain undisposed of for a period longer than 12 hours.

§ 20-18 Emergency collection and disposal.

[Amended 2-14-2006 by Ord. No. 2006-22]

In the event of a public emergency declared by the Mayor, the Commissioner may provide by contract for the public collection, removal and disposal of refuse without competitive bidding. In such case, the Commissioner may impose such conditions as he or she may deem advisable and shall supervise all work under such contracts.

§ 20-19 Vacant land not chargeable.

[Amended 6-16-2009 by Ord. No. 2009-179]

Parcels of land which are not improved by a structure or which are improved by a vacant structure which has been inspected by the Commissioner of Neighborhood and Business Development and found to be properly secured and not receiving City service, shall not be charged a user fee until improved or occupied or City service begins.

§ 20-20 Unpaid residential user fees.

Unpaid residential user fees for collection of refuse shall be the personal liability of the owner and shall be a lien upon the real property in connection with which refuse collection is offered as and from the first day of July for services billed on the tax bill and to be offered in the fiscal year commencing on that date and on the date such fees become due if they are billed separately from the tax bill.

§ 20-21 Unpaid commercial user fees.

Unpaid commercial user fees for refuse collection by the City shall be the personal liability of the owner and shall be a lien upon the real property serviced beginning on the date such fees become due.

§ 20-22 Discontinuance of service for nonpayment of user fees.

The Commissioner may order the discontinuance of a commercial user's public collection service when, after due notice, the commercial user has not paid user fees upon direct billing by the City or after such delinquent fees have become a lien upon the real property. Upon discontinuance of public collection service for nonpayment of commercial user fees, the commercial user must establish to the satisfaction of the Commissioner that a licensed commercial refuse and/or recyclable collector will service the user.

§ 20-23 Refuse Collection Fund.

The Director of Finance shall establish and maintain a Refuse Collection Fund to record and control the financial activity related to the provisions of refuse collection by the City. This fund shall be maintained on the same fiscal year as that of the City. Each year the Mayor, at the time of the submission of the annual budget estimate to the City Council, shall submit a statement of estimated revenues, expenditures and changes in the fund as well as the fund balance, for the current fiscal year, together with an estimate of expenditures for the next fiscal year. The Mayor shall also, at the same time, recommend a basic rate sufficient to meet the estimated expenditures for the next fiscal year, taking into consideration the estimated surplus or deficit accruing from the fund operations in the current year and other sources of revenue.

§ 20-24 Residential and commercial refuse user fees. [1]

The user fees for collection of refuse placed for collection are established as follows:

A. Residential users.

[Amended 6-18-2002 by Ord. No. 2002-202; 6-22-2004 by Ord. No. 2004-167; 6-14-2005 by Ord. No. 2005-206; 6-20-2006 by Ord. No. 2006-194; 6-19-2007 by Ord. No. 227; 6-15-2010 by Ord. No. 2010-193; 6-18-2013 by Ord. No. 2013-166; 6-17-2014 by Ord. No. 2014-166; 6-16-2015 by Ord. No. 2015-163; 6-20-2017 by Ord. No. 2017-160; 6-14-2022 by Ord. No. 2022-162[2]]

(1) Fees:

Number of Dwelling Units	Annual Fee
1	$399
2	$803
3	$890

(2) Any residence requiring service and not billed for service on the tax bill will be billed on a pro rata residential rate per quarter.

(3) Residences/home occupations. The fees for residences which also contain home occupations, for example, beauty parlors, garages, doctor's/dentist's offices, are:

Number of Dwelling Units	Annual Fee
1	$803
2	$890

A property with three dwelling units and a home occupation will be charged according to the commercial rate schedule.

[2] Editor's Note: This ordinance provided an effective date of 7-1-2022.

B. Commercial users.

(1) The fees for collection and disposal of commercial refuse and recyclables and container rental shall be proposed annually by the Mayor as a part of the budget process. Such fees shall be approved by the City Council and maintained on file in the Commissioner's office and in the office of the City Clerk.

(2) The fee for weekly multiple collections shall be the established fee multiplied by the number of collections per week.

(3) The fee for noncontainerized additional volumes shall be $17.20 for each additional cubic yard of refuse and $10 for each additional cubic yard of recyclable materials.

C. The Commissioner may negotiate fees based on volume and time requirements for collection for special residential, commercial and container service within the City, provided that such fees shall in all instances cover at a minimum the incremental full costs of providing said service, as certified by the Budget Director.

[Amended 2-19-2013 by Ord. No. 2013-49]

[1] Editor's Note: This section was amended 6-16-1992 by Ord. No. 92-241. It was specifically saved from repeal by Ord. No. 92-246.

§ 20-25 Scavenging.

[Amended 11-17-2015 by Ord. No. 2015-367]

No person shall interfere with, remove or scavenge for any material which has been placed between the sidewalk and the curb by the owner and/or occupant for public collection, or at any point during the collection process.

§ 20-26 Litter baskets and containers for special events.

Litter baskets and recycling bins provided by the City and placed by the City in the public right-of-way, parks or other public places shall be used only for deposit of litter and recyclables generated on the public right-of-way by pedestrians and motorists or generated by persons using the parks or other public places. The placing into such litter baskets or recycling bins of refuse or recyclables originating from homes or commercial or industrial establishments constitutes illegal dumping and is prohibited by § 20-16 of this Code. Containers provided by the City for special events or projects shall be used only for deposit of refuse and recyclables generated at the special event or project. The placing into such containers of refuse or recyclables originating from homes or commercial or industrial establishments constitutes illegal dumping and is prohibited by § 20-16 of this Code.

§ 20-27 Garbage disposals.

Garbage disposals discharging macerated garbage into the sanitary sewer system of the City may be installed, provided that there is an adequate water supply available in the building, the sewer is of adequate capacity and the installation otherwise meets the provisions of the Plumbing Code and the Monroe County Sewer Use Law.

§ 20-28 Alternate method of refuse collection enforcement.

[Amended 2-14-2006 by Ord. No. 2006-22]

As an alternative to or in addition to above penalties, the Commissioner may, at his or her discretion, direct City employees or City contractors to collect and to dispose of refuse which has been improperly prepared, stored or disposed of as required by the provisions and standards of this article. The Commissioner shall have the right to establish by regulation appropriate charges for such services. The Commissioner shall promptly bill the owner for such services, and such charges shall be a lien upon the real estate from the first day fixed for payment of such charges. Charges remaining unpaid 60 days after billing will be added to taxes pursuant to § 6-94 of the City Charter.

§ 20-29 through § 20-39. (Reserved)