[HISTORY: Adopted by the Common Council of the City of Oneida 12-21-1982 as Ch. 4-10 of the 1982 Code; as amended 9-4-1990 by Ord. No. 90-08. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings assigned to them below:
- The residue from fires used for cooking and heating buildings.
- Includes any refuse from animal and vegetable matter, and foodstuffs after it has been used as food, refuse from the kitchen, market, house or store, floor sweepings, table waste or animal or vegetable matter, vegetables, meats, fish, bones, fat and all offal and organic waste substance, but shall not include fresh trimmings from meat markets or slaughterhouses.
- PUBLIC NUISANCE AFFECTING HEALTH
- A nuisance which is a thing, act or occupation, or use of property, premises, equipment or structure, either private or public, affecting the health of one or more persons.
- REFUSE or RUBBISH
- Includes combustible trash, including but not limited to paper, carton boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture, bedding; noncombustible trash, including but not limited to metal, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other metal fixtures; street rubbish, including but not limited to street sweepings, dirt, catch basin dirt, contents of litter receptacles; however, "refuse" shall not include earth and wastes from construction operations.
It shall be unlawful for any person to throw, spill, place or deposit or leave or cause to be thrown, spilled, placed, deposited or left, or to permit any servant, agent or employee to throw, spill, place, deposit or leave in or upon any street, highway, alley, sidewalk, park, public building, in any running water or body of water within the City or other public place in the City any refuse, garbage or ashes subject to be carried by the wind or unwholesome or putrescible matter of any kind.
It shall be unlawful for any person, as passenger in or owner or driver of any cart, truck, automobile, bicycle or other vehicle to scatter, drop or spill or permit to be scattered, dropped or spilled, whether the same is wrapped up in bundles, in bags or otherwise, any dirt, stone or construction rubbish, other light materials of any sort, refuse, rubbish, ashes or garbage, or other offensive matter therefrom, or permit the same to be blown therefrom by the wind in or upon any street, sidewalk, alley, vacant lot, vacant premises, public buildings or other public place.
It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw, cast, deposit or place or to cause or permit to run, drop or remain or to be thrown, cast or deposited any rubbish, garbage, manure, offal or other decomposable organic or putrescible matter which will or might create a nuisance, or act as or become a breeding place for flies or as food for rats, or discarded thing capable of holding water which might serve as breeding places for mosquitoes, or combustible matter which might serve to increase the fire hazard of neighboring property, in or upon any vacant lot or land or vacant place upon the surface of any lot or land, enclosed or otherwise, except at such places designated or provided by the Department of Public Works, provided that garbage, manure, offal and other putrescible matter may be temporarily kept in suitable cans, bags, vessels, tanks, dumpsters and/or containers which are watertight with tightly fitting covers. Nothing in this subsection shall be construed as to prohibit the depositing of manure or fertilizers upon any private property for the purpose of cultivating or improving the same.
No person, agent or occupant of a lot or premises wherever a building of any kind may exist or a vacant lot shall allow any collection of garbage, rubbish, waste matter or filth of any description to remain on such lot or premises except for that material which is properly stored garbage, as outlined in § 147-3, that is waiting trash pickup and not placed at curbside until allowed as outlined in § 147-4.
[Amended 11-7-2001; 1-5-2005 by Ord. No. 05-02]
No furniture, mattresses or other household items being discarded will be placed at curbside until allowed by § 147-4. Any item that the trash hauler did not pick up that remains at curbside the day after trash pickup will be considered to be in violation. Residents can arrange for pickup of large items with their hauler if the material cannot be picked up on trash day. Such items must be kept in a closed building or stored properly, as outlined in § 147-3, and not left outside or at curbside.
[Added 1-5-2005 by Ord. No. 05-02]
In the case of a multiple housing unit (two or more units), where the violator cannot be identified, the property owner will be responsible.
[Added 1-5-2005 by Ord. No. 05-02]
All garbage shall be kept in covered dumpsters or covered cans. Cans shall be equipped with two handles to carry. Cans shall be of not more than thirty-two-gallons' capacity. All other refuse or ashes and materials of like character must be kept in suitable heavy duty plastic bags, covered dumpsters or receptacles. Receptacles other than bags shall have two handles to carry, a close-fitting cover and shall be of not more than thirty-two-gallons' capacity. No can or bag shall exceed 30 pounds in weight. No can, bag or other receptacle filled with or holding garbage, rubbish or other material shall at any time, within the established inside district, be placed or kept on ground level of any premises at any point nearer the street line fronting such premises than the rear line of the main building, except on the designated curbside collection day provided for herein.
All collection, transport and disposal of garbage, refuse, solid waste and recyclables anywhere in the City shall be in conformance with the requirements of Local Law No. 3 of 1990 of the County of Madison ("County Local Law"), which are herein incorporated by reference, and as the same may from time to time be amended.
No person shall keep or maintain an open dump within the general limits of the City.
Burning or burying. No person shall bury or burn or cause to be buried or burned any solid waste within the City limits unless authorized in writing by authority of the City Common Council upon advice of the City Fire Marshal, and also by the Madison County Department of Solid Waste and Sanitation ("County Department").
[Amended 12-19-2000 by L.L. No. 6-2000]
Nothing herein shall prohibit backyard composting of lawn and food waste so long as such composting is done in accordance with the Cornell Cooperative Extension guidelines and maintained so as to not create a public health nuisance.
Generally. All residential garbage shall be placed curbside, except for those residents covered in § 147-4C(1) below, not before 9:00 p.m. of the day prior to scheduled collection. If placed out the night before collection, all garbage must be in animal-proof containers (plastic or metal garbage cans with locking covers). If placed out after sunrise the day of collection, the garbage may be in plastic bags. Also, by 9:00 p.m. of collection day, all garbage cans or containers and any waste materials not collected must be removed from the curbside.
Definition. As used herein, "curbside" shall mean within five feet of the roadside or between the sidewalk and the curb, or other appropriate place near the sidewalk in front of the main building on the premises, so as not to obstruct snow plowing or snow removal of streets, sidewalks or driveways.
Curbside collection exceptions.
If the residence is in a building occupying the entire lot and is in the business section of the City, then such containers shall be kept in the building until collected and shall not be placed on the public sidewalk or curb or between the two before collection.
Residents unable to place garbage curbside may arrange with their collector for pickup from other appropriate part of the premises.
Covered dumpsters servicing commercial establishments and/or apartments shall be placed in a suitable location on said premises where the dumpster does not constitute a public nuisance. Waste in these dumpsters must be collected at least once per week.
Residential curbside collection schedule.
All curbside garbage shall be collected pursuant to the following schedule:
[Amended 9-21-2010 by Ord. No. 10-05; 10-18-2011]
Monday: There shall be no collection allowed on Monday.
Tuesday: Route 46 at southern boundary north both sides to Route 356A; north to Oneida Creek not including Route 46; all properties east of Route 46 to east boundary
Wednesday: North end of west boundary south to and including both sides of Genesee Street; east to Route 365A; Route 365A both sides to Route 46; Route 46 north, both sides to Oneida Creek; Oneida Creek to northern end; all properties within
Thursday: Intersection of Routes 5 and 365A east to Route 46; Route 46 north to Route 365A; Route 365A west to intersection of Route 5 and Route 365A; all properties contained within not including Routes 5, 46 and 365A.
Friday: Southern boundary Route 46 north to Route 5; Route 5 both sides west to intersection of Route 365A; west to boundary line not including Route 5; all properties south to southern boundary.
Editor’s Note: This resolution provided an effective date of 1-1-2012.
The hauler shall provide to the customer reasonable advance notice of any needed deviation from the schedule due to holidays or other justifiable cause.
All recyclables shall be prepared, collected, hauled and disposed of in accordance with Section III(4) of the County Local Law, and as the same may from time to time be amended.
All recyclables must be placed curbside along with the garbage, to be collected at the same time as the garbage. Once curbside, all recyclables become county property, pursuant to the County Local Law.
Consistent with said County Local Law, it is hereby declared unlawful for any person to collect and/or dispose of garbage containing recyclables in the City.
The owner, manager or superintendent of multiresidential (five or more units) buildings shall provide and maintain a recycling collection area suitable for carrying out required recycling duties by building residents in conformance with law.
City residents may deliver recyclables to the dropoff facility known as "SORT (Save Oneida's Recyclable Trash)," on Sconondoa Street, or to charitable organizations, provided that in the latter case the recyclables are kept in the residence until collected.
Lawn wastes. Leaves, branches, garden and grass clippings are recyclable material. The City shall continue to collect these recyclable materials throughout the year.
The City shall designate an Administrator of Solid Waste, who shall be responsible for all ministerial and administrative duties described or reasonably required by the terms of this chapter, and who shall act in cooperation with the County Department.
Any person violating any provision of this chapter or any rule or regulation promulgated pursuant to lawful authority, in addition to other penalties and sanctions provided by law, shall be guilty of a violation, punishable by a fine of not less than $100 nor more than $250 and/or 15 days' imprisonment together with restitution for a first offense; and a fine of not less than $250 and/or 15 days' imprisonment together with restitution for any subsequent violations of this section.
Editor's Note: This ordinance provided that it take effect 1-1-2002.
Any violation of a provision of the County Local Law, all of which terms are incorporated herein, shall be deemed, and punishable also hereunder, as a violation of the terms of this chapter, if occurring within the City.
This chapter and the definitions of all terms used herein shall be interpreted and construed so as to be consistent with similar or identical provisions of the County Local Law, and if a provision herein is not consistent, then the county or City provision being the more restrictive and protective of the public health, safety and welfare shall apply. The definition of all terms stated in this chapter or applicable to the same shall be as stated in the County Local Law except as may be made more restrictive and protective herein.
[Added 11-19-1991 by Ord. No. 91-08]
No person shall, for hire, collect or transport refuse, solid waste or recyclables anywhere within the City without a license issued by the City Clerk. The fee for such a license shall be established by resolution of the Common Council. Such fees may thereafter be amended from time to time by like resolution. The license shall expire on December 31 of each year.
[Amended 12-6-2005 by Ord. No. 05-04; 11-20-2012 by Ord. No. 12-08]
Nothing herein shall affect the requirements for permits and licensing set forth in the County Local Law referred to in this chapter.