[Adopted 7-9-1990 [1]]
[1]
Editor's Note: This resolution provided that it became effective 8-1-1990, but that the fines and penalties portion became effective 11-1-1990.
A. 
As used in this Article, the following terms shall have the respective meanings ascribed to them:
BRUSH
Cuttings from lawns, hedges and trees which are less than four (4) inches in diameter.
CONSTRUCTION DEBRIS
Discarded building material, concrete, stones, earth from excavations or grading and all other refuse resulting from the erection, repair or demolition or other improvements of property.
GARBAGE
Kitchen and house refuse and table cleanings, fruit and vegetable parings, decaying vegetables, animals and fruit and fallen fruit.
LARGE HOUSEHOLD FURNISHINGS
All other large and/or bulky articles actually used in the home and which equip it for living, such as chairs, sofas, tables, beds, carpets, etc.
MAJOR APPLIANCES
A large and/or bulky household mechanism (as a refrigerator, washer, dryer, stove, microwave oven, etc.) ordinarily operated by gas or electric current.
NONRECYCLABLE RUBBISH
Nonclear plastic containers, rags, sweeping, excelsior, rubber, leather, crockery, shells, clothing, straw, filth, ashes, wastepaper and similar waste material.
RECYCLABLE RUBBISH
Metal and aluminum food containers and cans with one (1) end removed, both ends if possible; clear glass containers; nonglossy newspaper; cardboard; clear plastic containers and computer paper.
TREE PARTS
Cuttings from shrubs, hedges and trees which are more than four (4) inches in diameter. The terms "garbage," "recyclable rubbish," "nonrecyclable rubbish," "construction debris" and "major appliances" shall not be construed to include "brush" or "tree parts."
B. 
Under no circumstances shall the terms "garbage," "recyclable rubbish," "construction debris" or "major appliances" be deemed or construed to include vehicular tires or tire casings. Vehicle tires and tire casings will not be picked up or removed by the City of Hornell or its agents.
No person shall dispose of garbage or recyclable or nonrecyclable rubbish, brush, construction debris, major appliances, household furnishings or tree parts, except as follows:
A. 
Each person shall provide separate galvanized iron cans or other suitable sanitary containers for garbage and nonrecyclable rubbish only. All cans or containers shall be placed at the curb for collection on the days and at the times designated by the Superintendent of Public Works.
B. 
Recyclable rubbish.
(1) 
Recyclable rubbish shall be disposed of in the following manner:
(a) 
Clear glass shall be placed in a separate container suitable for holding such items. All clear glass items shall have all metal objects removed and shall not contain any foreign material.
(b) 
Clear plastic shall be placed in a separate container suitable for holding such items and shall not contain any foreign material.
(c) 
Newspaper and computer paper shall be stacked and tied in bundles no more than twelve (12) inches in height.
(d) 
Tin and aluminum cans shall be placed in a separate container suitable for holding such items. All tin and aluminum cans shall have at least one (1) end removed, and if possible, have all labels removed and shall not contain any foreign material.
(e) 
Cardboard shall be flattened and stacked in a neat pile.
(2) 
It shall be unlawful and a violation of this section to dispose of any recyclable material in any manner except as provided for in this section.
C. 
Construction debris. No person shall place or store construction debris with garbage, nonrecyclable rubbish or recyclable rubbish. The person creating construction debris shall remove and dispose of the same in a sanitary manner.
D. 
Major appliances and large household furnishings. It shall be the duty of the owner of such items to remove and dispose of the same in a sanitary manner.
E. 
Brush. All brush shall be disposed of by depositing the same in a manner and at a location and time to be determined by the Superintendent of Public Works.
F. 
Tree parts. All tree parts shall be removed by the contractor or by the owner or occupant of such premises. Such tree parts shall not be placed at or near the curb or street right-of-way, except temporarily as may be necessary in the course of the work producing such items.
The Director of Public Works, a code officer, a police officer or such other person as may be designated by the Board of Public Works or the Board of Public Health, is hereby authorized and directed to enforce this Article and cause collections to be made accordingly.
The penalty for violating any part of this Article shall be as follows:
A. 
For a first offense: a fine of no more than fifty dollars ($50.).
B. 
For a second offense within one (1) year, the penalty shall be a fine of not less than two hundred dollars ($200.) and no more than four hundred dollars ($400.) and/or fifteen (15) days in jail; and
C. 
For a third offense within six (6) months of a second offense, a fine of at least five hundred dollars ($500.) and no more than one thousand dollars ($1,000.) and/or sixty (60) days in jail.