[HISTORY: Adopted by the Common Council of
the City of Middletown 5-18-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This resolution also repealed former Ch. 407,
Solid Waste, which consisted of Art. I, Dumping in Streams, adopted 4-24-1939 (§§ 29-2 and 29-3 of the 1971 Code), as amended, Art. II, Collection, adopted 8-11-1952 (Ch. 41, Art. II of the 1971 Code), as amended, Art. III, Disposal, adopted 5-11-1953 (Ch. 41, Art. I of the 1971 Code), as amended, and Art. IV, Recycling, adopted 4-9-1990 (Ch. 83A of
the 1971 Code), as amended.
The following terms shall have the meanings indicated:
The residue from coal or other fuel.
Those items which are determined by Orange County to be marketable
and collectible at its recycling center, or those items which are
determined by the Commissioner of Public Works of the City (or his/her
agent) to be marketable and collectible as recyclable materials or
products, and all of the foregoing items shall be known as "recyclables."
A facility provided by the City for the express purpose of
collecting garbage and recyclables.
A large, metal trash bin, often of a kind that is emptied,
or transported to a dump, by a specially equipped truck; also includes
all types of trash containers referred to in general as "trash dumpsters."
All putrescible and nonputrescible 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, including
garbage, rubbish, ashes and refuse by definition in this article,
and also including the organic waste of meat, bones, fish, fruit,
vegetables or any animal or vegetable matter, including tin cans,
that have contained food material.
Those items which, by law, must be returned to the seller,
including but not limited to deposit bottles and waste oils.
Containers for garbage or recyclables which will be provided
by the City of Middletown for the deposit of household garbage and
recyclables. Such receptacles shall be sized 95 gallons, 65 gallons
or 35 gallons.
Inorganic waste such as bottles, glass, crockery, metals
or other incombustible matter, including grass clippings, leaves and
tree trimmings.
Paper, wood, leather, cloth or any other combustible matter.
Any person, partnership, corporation or other entity who or
which violates any provision of this chapter shall be guilty, upon
conviction, of an offense punishable by a fine not less than $250
nor more than $1,000 or by imprisonment for a period not exceeding
15 days, or by both such fine and imprisonment. Each day that a violation
is permitted to exist shall constitute a separate offense.
A.Â
Receptacles. The City will provide garbage and recycling collection services only to those properties located in the City which utilize City-provided receptacles. All property owners or other persons in possession of premises for which the City provides garbage or recycling collection must use City-provided receptacles only for the exterior storage of garbage and recyclables. All exterior storage of garbage and recyclables must be inside the receptacle; the lid of the receptacle must be closed at all times; any other exterior storage of garbage or recyclables is a violation of this subsection. No household- or business-generated garbage may be placed in the littering cans placed by the City on public property. Except when placed on the curb for pickup, as provided in Subsection E, below, no receptacle may be stored or left within 30 feet of any public street, unless the receptacle is stored inside a building or is obscured from view by fencing or other suitable enclosure. The enclosure must be substantially opaque when viewed from the exterior and shall prevent the receptacles from being viewed. This thirty-foot rule may be waived by the Commissioner of Public Works when he/she, in his/her sole discretion, determines the rule to be unreasonable or impractical.
B.Â
Fees for and numbers of receptacles. The City will provide a single
set of receptacles, consisting of one green garbage receptacle and
one blue recycling receptacle, free of charge to each single-family
residence in the City, and to each mixed-use building that includes
a single-family residence. The City will provide two such sets of
free receptacles to each two-family residence, each multifamily residence,
and to each mixed-use building that includes two or more residential
units. The City will provide a single set of such free receptacles
to any commercial property in the City, provided such property is
not utilizing a dumpster picked up by the City for disposal of garbage
and recyclables. Any property owner who wishes to have more receptacles
can acquire same from the City at an annual fee of $100 per each receptacle.
No property in the City may utilize more than eight receptacles, unless
authorized, in writing, by the Commissioner of Public Works or his/her
agent. The Commissioner of Public Works, in his/her discretion, may
allow property owners with disabilities permission to vary the size
of receptacles required by the City.
C.Â
Care of receptacles. All receptacles shall remain the property of
the City. The property owner is responsible for the care and maintenance
of all receptacles stored on his/her property. The City will supply
replacement receptacles free of charge for receptacles which have
suffered normal wear and tear which renders them not suitable for
continued use. The City will charge a fee of $100 per receptacle to
replace receptacles that are lost, stolen or damaged by the negligence
of the property owner or other persons using such receptacles.
D.Â
Pickup schedule. Garbage will be collected once per week throughout
the year and at such other times as deemed necessary by the Mayor
and/or the Common Council. Recyclables collection shall occur each
week City-wide on Friday. Garbage collection shall occur each week
upon the following schedule:
E.Â
Set-out requirements. All receptacles must be set out on the curb
no earlier than 5:00 p.m. in the evening prior to the day of pickup.
All receptacles must be placed on the curb no farther than four feet
from the property's driveway; if the property has no driveway, the
receptacles must be placed on the curb in an area designated by the
Department of Public Works. All receptacles must be placed in a location
where access thereto by the City's trucks, equipped with mechanical
arms, is not obstructed in any way. It is a violation of this subsection
to place receptacles for pickup at any other location. All garbage
and recyclables must be stored inside the receptacle for pickup; any
storage of garbage or recyclables outside of the receptacle for pickup
is a violation of this subsection; the lid on each receptacle must
be closed. Only City-provided receptacles may be placed on the curb.
All receptacles must be removed from the curb no later than 7:00 p.m.
on the day of pickup.
F.Â
Dumpsters. All permanent on-site dumpsters shall be obscured from
view by fencing or other suitable enclosures. The enclosures shall
be substantially opaque when viewed from the exterior and shall prevent
the dumpster from being viewed. The enclosures shall be at least six
feet high but no more than nine feet high. The enclosures shall be
equipped with a locking gate at all business and commercial premises.
Temporary dumpsters are excluded from this provision.
G.Â
Dumpsters for apartment complexes. The City will provide the necessary
dumpsters to the six apartment complexes presently picked up by the
City. These dumpsters will remain the property of the City and will
be marked accordingly. The six apartment complexes are: 1) Tall Oaks,
2) Summitfield, 3) Towne Terrace, 4) 80 Sproat Street, 5) 70 Sproat
Street, and 6) David Moore Heights. It shall be the responsibility
of these complexes to provide an area large enough to accommodate
four dumpsters, and located in an area acceptable to the Commissioner
of Public Works or his/her agent. Said location must be kept clean
and orderly by the complex owners and fenced, if required by the Commissioner.
This location shall be level and easily accessible for City trucks.
The pickup of these locations will follow the same schedule as provided
in this section. If additional complexes are to be serviced by the
City, it shall be the responsibility of the owners to provide the
dumpster(s) and comply with the provisions of this section.
H.Â
Leaves and yard waste. Notwithstanding any other provision in this
section, the time period between October 15 and November 15 of each
calendar year, inclusive of both days, is hereby declared to be a
general City-wide cleanup period for leaves and yard waste. During
this cleanup period, leaves and yard waste may be deposited in City
streets no further than four feet from the curb. At all other times
during the year, leaves and yard waste must be placed in receptacles,
biodegradable bags or dumpsters in accordance with the provisions
of this section.
I.Â
Recyclables. The State of New York and the County of Orange have
mandated that municipalities recycle. Recyclables will be determined
by the County of Orange's markets, and will be subject to change.
All recyclables, liquid or putrescible containers shall be thoroughly
rinsed before depositing into a receptacle. Commingling garbage and
recyclables in the same receptacle is a violation of this section.
It shall also be a violation of this section to remove recyclables
from receptacles for any purposes unless authorized by the Commissioner
of Public Works or his/her agent.
J.Â
Business Improvement District ("BID").
(2)Â
The maximum number of receptacles allowable for a parcel of land
in the BID is four.
(3)Â
The City will collect garbage in the BID each day. All receptacles
must be set out on the curb between 8:00 p.m. and 2:00 a.m. All receptacles
must be placed on the curb in such a position as to not unreasonably
obstruct pedestrian traffic on the sidewalk. All garbage and recyclables
must be stored inside the receptacle for pickup; any storage of garbage
or recyclables outside of the receptacle for pickup is a violation
of this subsection; the lid on each receptacle must be closed. Only
City-provided receptacles may be placed on the curb.
(4)Â
All receptacles must be removed from the curb no later than 12:00
noon each day.
(5)Â
When not on the curb, all receptacles must be stored inside a building,
or at least 30 feet from any public street, or in an enclosure which
is obscured from view by fencing or other suitable means. This requirement
may be waived by the Commissioner of Public Works when he/she, in
his/her sole discretion, determines the requirement to be unreasonable
or impractical.
(6)Â
The above paragraphs in this subsection shall not apply to eating
or drinking establishments, or manufacturing enterprises, or similar
uses, all of which must utilize City-provided dumpsters or dropoff
centers for garbage disposal, unless written exemption is provided
by the Commissioner of Public Works or his/her agent.
(7)Â
The above paragraphs in this subsection shall be enforceable against
all property owners, tenants or persons in possession of premises
located in the BID.
K.Â
All property owners must have a written plan for garbage collection
in each lot 1) owned in the BID; or 2) used for commercial purposes;
or 3) used for a multiple dwelling. The plan must conform to a template
to be provided by the City. This plan must include provision for notice
of this chapter to tenants and anyone else residing in or doing business
in the subject premises. The written notice must be signed by all
tenants and any other persons in residence or possession. The written
plan and notice must be available to City personnel performing annual
or other inspections.
L.Â
In addition to the collection provided for above in this section, the City shall maintain dropoff centers and dumpsters for the collection of garbage and recyclables. BID dropoff centers are for use by property owners or their tenants in the BID only; any use of such dropoff centers by other persons or entities is a violation of this article, punishable as provided in § 407-2, above.
A.Â
Dumping in prohibited places. It shall be unlawful for any person,
partnership or corporation to dump, place, deposit or permit to be
deposited upon any public or private property or upon any street,
sidewalk, park or other public place in the City of Middletown any
garbage, rubbish or other objectionable waste. No person or entities
shall cast, lay, push or place in any of the brooks or streams running
through the City of Middletown, New York, any dirt, ashes, cinders,
filth, garbage, sticks, stones or rubbish of any kind whatever.
B.Â
Dumping by nonresidents. No person, partnership or corporation not
a resident of or conducting an established business in the City of
Middletown shall dump or deposit any garbage, rubbish, ashes or other
objectionable wastes within the City of Middletown.
C.Â
Dumping of rubbish from outside City. No person, partnership or corporation,
a resident of or conducting business in the City of Middletown, shall
dump or deposit any garbage, rubbish, ashes or other objectionable
wastes originating outside of the City of Middletown within the City
of Middletown.
D.Â
Placement for collection. Nothing in this section shall be construed to prohibit the placing of ashes, rubbish or garbage in receptacles as provided in § 407-3 for removal by the City of Middletown. However, it shall be unlawful for any person or entity to utilize a receptacle provided by the City unless such person or entity is an owner, tenant or doing business at the property to which the receptacle has been provided. It shall be unlawful for any person other than an authorized employee of the City to disturb, remove or willfully and maliciously tip over and spill the contents of garbage or recycling receptacles.
E.Â
Dumping of fill materials; permission required. Nothing in this section
shall be construed to prohibit the dumping of sand, gravel, ashes,
stones or other suitable fill material, provided that permission for
such fill has been obtained from the Commissioner of Public Works.
