[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.
Any article in any form composed of or consisting of any
of the following enumerated secondhand, discarded, abandoned or cast
off metals or materials, namely: iron, brass, bronze, copper, tin,
zinc, lead or any other metals or compounds thereof; broken glass,
rags, clothing, rubber, plastics and synthetic substances and fabrics;
bottles, papers, feathers or any other waste material or any compound
or by-product of the foregoing enumerated materials; refrigerators,
washing machines, televisions, computer monitors, mattresses, sofas,
furniture, doors, and any building material. The term "junk" shall
also include wrecked, abandoned or dismantled motor vehicles or parts
thereof.
[Added 9-21-2021 by L.L. No. 8-2021]
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.
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.
A.
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.
B.
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.
C.
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.
[Amended 11-7-2001]
D.
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]
E.
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]
F.
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]
A.
Collection containers, as approved by the Department
of Code Enforcement, shall be made of adequate material, shall be
of substantial construction, shall have handles and shall have attached
tight-fitting covers tethered to the can. They shall be watertight
and shall be fly- and rodent-tight. 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.
[Amended 5-21-2019 by Ord. No. 19-03; 9-21-2021 by L.L. No. 8-2021]
B.
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.
C.
No person shall keep or maintain an open dump within
the general limits of the City.
D.
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]
E.
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.
A.
Generally. All residential garbage shall be placed curbside, except for those residents covered in § 147-4C(1) below, not before 4:00 p.m. of the day prior to scheduled collection. 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.
[Amended 9-21-2021 by L.L. No. 8-2021]
B.
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.
C.
Curbside collection exceptions.
(1)
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.
(2)
Residents unable to place garbage curbside may arrange
with their collector for pickup from other appropriate part of the
premises.
(3)
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.
D.
Residential curbside collection schedule.
(1)
All curbside garbage shall be collected pursuant to
the following schedule:
(a)
Monday: There shall be no collection allowed
on Monday.
(b)
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
(c)
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
(d)
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.
(e)
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.
[1]
Editor’s Note: This resolution provided an effective
date of 1-1-2012.
(2)
The hauler shall provide to the customer reasonable
advance notice of any needed deviation from the schedule due to holidays
or other justifiable cause.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
[Amended 11-7-2001[1]]
[1]
Editor's Note: This ordinance provided that
it take effect 1-1-2002.
B.
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]
A.
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]
B.
Nothing herein shall affect the requirements for permits
and licensing set forth in the County Local Law referred to in this
chapter.
[Added 9-21-2021 by L.L. No. 8-2021]
A.
The deposit,
accumulation, or storage of junk, regardless of quantity, is hereby
prohibited within sight of persons traveling the public highways or
within sight of neighboring property.
B.
It shall
be unlawful for any person to use a bus, uninhabited mobile home,
truck, truck trailer, horse trailer, semitrailer, tank truck, or similar
vehicles or units for the storage of junk on any premises. Exceptions
shall be made for the temporary use of such vehicles or units for
construction purposes for periods of less than 90 days, or when actively
used in connection with active farming or agricultural operations.
