A. 
The City finds that the removal of certain materials from the solid waste stream will decrease the amount of solid waste disposed of in landfills and aid in the conservation of valuable resources.
B. 
The City finds that the New York Solid Waste Management Act of 1988 requires all municipalities to adopt a local law or ordinance by September 1, 1992, requiring separation of recyclable and reusable material from solid waste.
C. 
The City finds that in order to protect the health, safety and welfare of the people of the City, it is necessary for the City to enact this article in order to encourage and facilitate the maximum recycling practicable on the part of every household, business and institution within the City.
D. 
The City declares that the purpose of this article is to establish, implement and enforce recycling related practices and procedures to be applicable to all waste generators within the City.
As used in this article, the following terms shall have the following meanings:
AUTHORIZED FACILITY
A public or private facility or facilities where recyclables may be delivered for disposal, including but not limited to dropoff centers, materials recovery facilities or other such public or private facilities designated by the Director of Public Works.
CITY
City of Batavia, New York.
COUNTY
Genesee County, New York.
PERSON
Natural persons and all other legal entities, including corporations.
RECYCLABLES
Any material so designated from time to time by the City, county, New York State, federal government, private collector, waste hauler, or by the Director of Public Works, provided that such material is not hazardous and can be reasonably separated from the solid waste stream and held for material recycling or reuse value.
SOLID WASTE
All putrescible and nonputrescible solid waste, including but not limited to materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, or are being accumulated, stored or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use, or as industrial, commercial and agricultural waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, or waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the Commissioner of the Department of Environmental Conservation.
SOURCE SEPARATION
The segregation of recyclable material from the solid waste stream at the point of generation for separate collection, sale or other disposition.
WASTE GENERATOR
A. 
RESIDENTIAL WASTE GENERATORAny person owning and/or occupying a "single-family private dwelling," as said term is defined in § 4 of the New York State Multiple Dwelling Law, that produces solid waste requiring off-site disposal.
B. 
NONRESIDENTIAL WASTE GENERATORAny person owning and/or occupying a "two-family private multiple dwelling" or a "multiple dwelling," as said terms are defined in § 4 of the New York State Multiple Dwelling Law, as well as owner(s) and/or occupant(s) of all other businesses, governmental agencies, municipalities and other legal entities.
WASTE HAULER
All persons engaged in the commercial collection, transportation and/or disposal of solid waste and/or recyclables generated, originated or brought within the county.
A. 
Each waste generator in the City shall source-separate recyclables from solid waste.
B. 
Each waste generator in the City shall provide for the removal of recyclables from the property on which they are generated through a service provided by a private hauler, or by direct haul by the individual waste generator to an authorized facility.
C. 
Nothing in this article is intended to prevent any waste generator from making arrangements for the reuse, private collection, sale or donation of recyclables; provided, however, that such recyclables shall be placed at curbside or at any other designated collection place only on the day the same is designated for collection or after 3:00 p.m. on the day before collection day. Recyclables placed at curbside for collection shall be placed in containers differing from refuse containers so as to be readily distinguishable.
A. 
All waste haulers in the City shall offer or cause to be offered to their customers collection, transportation and disposal services for recyclables to the same extent any such waste hauler offers collection, transportation and disposal services for solid waste.
B. 
No waste hauler shall be required to accept for collection solid waste which has not been source-separated or hazardous waste separated.
A. 
The City may inspect all portions of vehicles and/or containers used in the collection, transportation and/or disposal of solid waste and/or recyclables, including, but not limited to, containers placed at the curbside of residences, to ascertain compliance with the terms and conditions specified in this article.
B. 
During any 12 consecutive month period of time, any residential waste generator violating any provision of this article shall be punished for each violation as follows: for the first violation, by a written warning; for the second violation, by a fine not to exceed $25; and for a third and each subsequent violation, by a fine not to exceed $50.
C. 
During any 12 consecutive month period of time, any nonresidential waste generator violating any provision of this article shall be punished for each violation as follows: for the first violation, by a written warning; for the second violation, by a fine not to exceed $50; and for a third and each subsequent violation, by a fine of not less than $100 and not more than $250.
D. 
Any waste hauler violating any provision of this article shall be punished for each violation as follows: for the first violation, by a fine of not less than $25; for the second violation, by a fine of not less than $50; and for a third and each subsequent violation, by a fine of not less than $100.