[L.L. No. 3-2012, 12-17-2012[1]]
(a)
It shall be the purpose of this article to provide for the protection
of the public health, safety and general welfare of the people of
the City of Poughkeepsie by establishing rules and regulations governing
the generation, separation, storage, collection, transportation, processing
and disposal of solid waste within the City limits; regulating residential,
institutional and commercial solid waste management; establishing
regulations for licensure of commercial solid waste collectors; establishing
rules and regulations governing the preparation, collection, transportation
and disposal of recyclable items in accordance with state law; and
providing for the proportionate distribution of the costs of regulation,
collection and disposal of solid waste among those benefiting from
the services provided by the City.
(b)
The City of Poughkeepsie finds that financing the costs associated
with the regulation, collection, removal and disposal of solid waste
through ad valorem tax levy inequitably burdens taxpayers with the
cost of providing general solid waste collection services benefiting
the community as a whole, including organizations exempt from taxation.
(c)
The City of Poughkeepsie also finds that funding waste collection
services provided by the City through ad valorem levy disproportionately
burdens certain taxpayers, resulting in the subsidization of the costs
of the services provided to other residents and taxpayers.
(d)
To equalize this disparity, and reduce the cost of providing waste
collection services, the City finds that it is in the best interest
of the City to adjust and reallocate the cost of solid waste collection
and disposal by assessing a proportionate collection fee on all users
of the City's solid waste collection services, and to extend fee-based
waste collection services, to tax exempt organizations, and institutions,
and to commercial, mixed-use and multiple residential users, thereby
reducing the burden shared by all taxpayers and limiting that shared
burden to the costs of general services benefiting the City as a whole,
continuing to fund the costs of such general services by ad valorem
tax, and proportionally allocating the cost of individual collection
and disposal services among the class of persons utilizing the City's
solid waste collection and disposal services.
The Commissioner of Public Works, in addition to other powers
provided in this chapter, shall have the authority and responsibility
to:
(a)
Enforce all provisions of the applicable state and local laws regulating
residential, commercial and institutional solid waste management,
commercial solid waste collector licensure and recycling in the City
of Poughkeepsie.
(b)
Provide for the orderly administration of all applicable state and
local laws regulating solid waste collection and recycling in the
City of Poughkeepsie.
(c)
Promulgate rules and regulations regarding the methods of collection
of solid waste and recyclables for residential and commercial users
in the City of Poughkeepsie.
(d)
Add to or delete from the list of items to be recycled and establish
rules and regulations regarding the separation, preparation, collection,
transport and disposal of recyclables in accordance with state and
local law.
(e)
Abate any solid-waste-related health hazard or public nuisance and
charge the property owner the cost of the abatement. Unpaid charges
shall be the personal liability of the owner and shall be a lien upon
the real property upon which such hazard or nuisance was found.
(a)
For the purpose of this article, certain words and phrases shall
be defined as set forth in this section unless it is apparent from
the context in this article or from the context or definitions as
set forth in the regulations that a different meaning is intended.
Where not inconsistent with the context, the present tense shall include
the future, and words used in the plural shall include the singular
and vice versa. Furthermore, a masculine pronoun shall include the
feminine. The word "shall" is always mandatory and not merely directory.
(b)
ASHES
CITY
COMMERCIAL SOLID WASTE
COMMERCIAL SOLID WASTE AND/OR RECYCLABLE COLLECTOR
COMMERCIAL SOLID WASTE MANAGEMENT
COMMERCIAL USER
CONSTRUCTION AND DEMOLITION DEBRIS
CURBSIDE
DEAD ANIMALS
DUMPSTER
GARBAGE
GLASS
HAZARDOUS WASTE
HOUSEHOLD RECYCLING CONTAINER
INDUSTRIAL WASTES
INSTITUTIONAL SOLID WASTE
JUNK MAIL
LARGE HOUSEHOLD FURNISHINGS
LAW
MIXED RESIDENTIAL USE
METAL CANS
MULTIPLE RESIDENTIAL USER
NONRECYCLABLE RUBBISH
OCCUPANT
OWNER
PERSON
PLASTICS
PREMISES/PARCEL
PRIVATE HAULER
RECYCLABLE CONTAINER PRODUCT
RECYCLABLE PAPER PRODUCT
RECYCLABLE RUBBISH
RECYCLERS
REGULATION
RESIDENTIAL SOLID WASTE
RESIDENTIAL USER
SANITARY LANDFILL
SCAVENGING
SCRAP METALS
SOLID WASTE
SOLID WASTE DISPOSAL FACILITY
SOURCE SEPARATION
SPECIAL WASTES
WHITE GOODS
WRITTEN AUTHORIZATION (of the New York State of Department of
Environmental Conservation)
YARD WASTE
As used in this chapter, the following terms shall have the meanings
indicated:
All the residue of the combustion of any type of solid fuel,
such as wood, coke, charcoal or like substances.
The City of Poughkeepsie.
Solid waste originating in and around commercial establishments,
industrial establishments and institutions.
A person engaged in the business of collection, removal,
transportation or disposal of commercial or institutional solid waste
or recyclables with or without charge or payment.
The purposeful, systematic control of the generation, separation,
storage, collection, processing and disposal of commercial and institutional
solid waste.
An improved parcel of land which is designed for or occupied
by or for commercial or business use.
As set forth in 6 NYCRR Part 360, Regulations.
Beside both the paved public road and the driveway into a
person's property, but not on the paved or traveled portion and not
within the person's property on a private roadway more than five feet
from the edge of the public street.
Those that die naturally or from disease or are accidentally
killed. It shall not include condemned animals or parts of animals
from slaughterhouses or similar places (including custom slaughtering
and private residential slaughtering), which are regarded as industrial
waste.
A container which is used for the temporary storage of solid
waste.
Putrescible solid waste, including animal and vegetable waste
resulting from the handling, selling, preparation, cooking or storing
of foods. Garbage originates primarily in the home kitchens, stores,
markets, restaurants, cafeterias and other places where food is stored,
prepared or served. Garbage shall not include yard solid waste.
Empty washed jars, bottles and containers of glass with rings
and caps removed. This term may exclude ceramic ware, auto glass,
mirrors, kitchenware, window glass and stained glass.
A solid waste or combination of solid wastes which, because
of its quantity, concentration or physical, chemical, or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness, or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed or otherwise managed.
The container specified by regulation to be the container
used by City residents to contain recyclable materials.
Includes the solid waste that accumulated in or upon the
land used for manufacturing, industrial, wholesale and slaughterhouse
purposes and also includes sludge, chemical and hazardous waste. Such
materials will not be collected by the City of Poughkeepsie.
Solid waste originating in and around tax-exempt hospitals,
not-for-profit agencies and residential users, and public and/or private
tax-exempt charitable, educational, philanthropic or religious institutions.
All solid waste from institutions not included in this definition
shall be considered commercial solid waste.
Paper brochures and envelopes including window envelopes,
office paper, fax paper, letterhead stationery, writing paper and
any paper received in the mail.
Large and/or bulky articles used in the home and which equip
it for living, including but not limited to chairs, sofas, tables,
beds, mattresses and carpets.
The City of Poughkeepsie's Solid Waste Management and Mandatory
Recycling Law; this article.
A structure designed for and consisting of one or more residential
dwelling units and a portion of which is devoted to business, professional
or commercial use.
Ferrous, nonferrous and composite cans and containers cleaned
of any waste and labels. The term does not include these cans which
are non-recyclable rubbish.
A structure designed for and consisting of four or more private
residential dwelling units.
Solid waste components which cannot be reused or recycled.
An owner occupying premises which he or she owns or controls
or a tenant or renter of such premises.
The owner of premises within the City or another person who
has agreed to be the owner's agent for purposes of fulfilling the
owner's obligations under this article.
One or more individuals, a partnership, corporation, firm,
association, trust, estate or governmental entity or any other entity
living within or conducting business within the City.
Items manufactured from man-made thermoplastic polymers.
The actual kinds of polymeric compounds and/or items and their preparation
shall be set by regulation.
A building or group of buildings constituting a single property
and the lot or parcel of land on which such building or buildings
are located.
Any person who removes solid waste from a person's place,
for or not for a fee, with the person's consent.
Includes but is not limited to glass, plastic and metal cans.
Includes but is not limited to newspapers, magazines, corrugated
cardboard and craft paper.
Those items which are marketable and which may include but
not be limited to metal cans, glass, scrap metal, discarded newspapers,
magazines, corrugated cardboard, plastic, white goods, yard waste
and tires.
Those who deal with recyclable materials as collectors, separators
and/or marketers. This term shall include not-for-profit corporations
and charitable corporations which collect recyclables for fundraising
purposes.
Any action or interpretation by the City permitted by this
chapter.
Solid waste originating in and around residential premises,
including all residential users and such multiple residential, mixed
residential and/or commercial users may elect and be approved by the
Commissioner to receive City solid waste collection services.
A residential property containing no more than three (3),
single-family living units, which includes a single-family home or
apartments, townhouses, and/or condominiums having not more than three
living units.
Land used for the authorized depositing of solid waste by
engineered methods. Sanitary landfill includes a type of operation
in which wastes are deposited in and/or on land by a plan utilizing
the principles of engineering to confine the waste to the smallest
practical volume, to cover it with a layer of earth at least at the
conclusion of each day's operation and to accomplish all this without
creating nuisances or hazards to public health or safety.
The uncontrolled and unauthorized picking, sorting and removal
of solid waste either before, during or following disposal.
One-hundred-percent-metal objects, including but not limited
to desks, bedsprings, bicycle parts, wheels, cast-iron sinks, metal
car parts and other ferrous and nonferrous metals.
Materials or substances which are discharged or rejected
as being spent, useless, worthless or in excess by the owner at the
time of such discard or rejection, and shall include garbage, yard
waste, recyclable rubbish, white goods, large household furnishings
and nonrecyclable rubbish generated by any person. The term shall
not include sewage, sludge or liquid-diluted material.
Includes any fixed facility that is established, maintained
and operated, either as its primary function or in support of some
other facility or operation, for the transfer, treatment and/or disposal
of solid waste. It includes but is not limited to any facility that
is established for the purpose of transferring, baling, composting,
incinerating, recycling, shredding or land-filling any solid waste
or any combination of function thereof.
The separation as specified in the regulations of solid waste
into recyclables and nonrecyclables before it is placed for collection
or taken to a recycler for disposal.
Hazardous wastes, including but not limited to those wastes
that can cause severe injury or disease during the normal storage,
collection and disposal cycle, including explosives, flammables, pathological
and dangerous chemicals or combinations of chemicals and all hazardous
waste and defined by the New York State Department of Environmental
Conservation regulations, 6 NYCRR Parts 365 and 366, and all other
related regulations. Such material will not be collected or disposed
of by the City.
Large and/or bulky articles used in the home and which equip
it for living, including but not limited to refrigerators, washers,
dryers, stoves and hot-water heaters ordinarily operated by gas, wood
or electric current.
Includes a valid permit issued to the applicant as written
evidence of a verbal agreement existing between the applicant and
the Department or written evidence of an existing exemption given
by the Department.
Grass clippings, leaves, cuttings from shrubs, hedges and
trees and garden solid waste. Yard waste shall not include stumps,
large rocks or stones or large quantities of dirt or construction
debris.
The owner(s) of every premises within the City shall be responsible
for compliance with the provisions of this chapter and shall remain
responsible therefore regardless of the fact that this chapter may
also place certain responsibilities on the occupants thereof and regardless
of any agreements between owners or occupants as to which party shall
assume such responsibility.
(a)
The Department shall collect and dispose of all residential solid
waste (including institutional, mixed residential and multiple residential
users electing to receive and which qualify for City solid waste collection
service) originating in the City, and, as further limited by this
article, all solid waste from such commercial uses as may elect and
qualify to receive City solid waste collection services. Such solid
waste shall be stored and prepared for collection by property owners
and occupants in accordance with the provisions in this chapter.
(b)
At the discretion of the Commissioner of Public Works, the Department
may collect and dispose of commercial, institutional, multiple residence
and mixed residential use solid waste originating in the City if the
Commissioner determines that collection from such users can be accomplished
using existing staff and equipment and without compromising the services
provided by the City to residential users. The Department shall not
collect industrial, infectious, or hazardous waste.
(c)
The Commissioner may promulgate regulations covering the items of
collection of solid waste and the fees charged therefore, and such
other matters pertaining to the public collection and disposal of
solid waste as he/she may deem necessary, provided that such regulations
are not contrary to the provisions hereof.
(d)
The City shall collect residential solid waste originating in the
City as defined by this chapter twice each week. All other collections
will be made at a frequency determined by the Commissioner to be necessary
consistent with the public health.
(e)
All residential users (excepting institutional residential users
which do not elect to receive City waste collection services) will
be provided with waste collection services by the City and shall pay
for such services at the rates herein proscribed.
(f)
Commercial, institutional, multiple residential and mixed residential users, excepting those which elect to receive and are approved to receive City solid waste collection services, must provide for the lawful collection and disposal of solid waste and recyclables and must establish to the satisfaction of the Commissioner that a licensed commercial solid waste and/or recyclable collector is providing collection and disposal services for the user and that solid waste collection is being made at a frequency determined by the Commissioner to be consistent with public health requirements. Failure to provide for adequate collection and disposal services or to provide satisfactory proof to the Commissioner shall constitute a violation and shall be subject to penalties provided by Section 9-70 herein.
(g)
The Commissioner is authorized, after a time/volume study has been
conducted of a mixed-residential, multiple residential, commercial
and/or institutional use parcel, to enter into service agreements
with such entities for the collection of solid waste and to assess
a fee for collection services for that parcel based upon the amount
of solid waste generated, consistent with the user fees proscribed
by this chapter and adopted annually by resolution of the City Common
Council.
Unpaid waste collection fees shall be the personal liability
of the owner(s) and shall be a lien upon the real property in connection
with which solid waste collection is offered as and from the thirtieth
day the month following the billing date for each quarterly installment
and such indebtedness shall be subject to sale or assignment by the
City to the extent permitted by law.
The Commissioner may order the discontinuance of a multiple
residence, mixed use residence, institutional and/or commercial user's
public collection service when, after due notice, the user has not
paid user fees upon direct billing by the City or after such delinquent
fees have become a lien upon the real property. Upon discontinuance
of public collection service for nonpayment of user fees, the user
must establish to the satisfaction of the Commissioner that a licensed
commercial solid waste and/or recyclable collector will service the
user.
The Commissioner of Finance shall establish and maintain a separate
solid waste collection fund to record and control the financial activity
related to the provisions of solid waste collection by the City. This
fund shall be maintained on the same fiscal year as that of the City.
Each year the Mayor, at the time of the submission of the annual budget
estimate to the City Common Council, shall submit a statement of estimated
revenues, expenditures and changes in the fund as well as the fund
balance, for the current fiscal year, together with an estimate of
expenditures for the next fiscal year. The Mayor shall also, at the
same time, recommend a basic rate sufficient to meet the estimated
expenditures for the next fiscal year, taking into consideration the
estimated surplus or deficit accruing from the fund operations in
the current year and other sources of revenue.
(a)
Annual determination of fees. The Mayor as a part
of the budget process shall propose the fees charged by the City for
solid waste collection and disposal services annually. A schedule
of the annual collection fees shall be approved by the City Common
Council by resolution and maintained on file in the Commissioner's
office and the office of the City Clerk.
(b)
Billing of solid waste collection fee. The Commissioner
of Finance shall bill and collect the solid waste collection fee from
the responsible property owner. The solid waste collection fee shall
be due and payable on January 1; however, without penalty, a responsible
property owner may elect to pay the solid waste collection fee in
quarterly installments with 25% payable on or before March 15, 25%
payable on or before May 15, 25% payable on or before August 15 and
25% payable on or before October 15. The Commissioner of Finance shall
issue four quarterly bills. Each quarterly bill, if paid before the
quarterly due date, shall be without penalty.
[Added by L.L. No. 1-2014, 12-19-2013, § 2[1]; amended by L.L. No. 3-2016, 12-19-2016, § 1; 3-20-2023 by L.L. No. 2-2023]
(c)
Interest on unpaid residential refuse fees. If a
residential refuse fee for each improved real property is not timely
paid when due, interest shall accrue on such unpaid amount at the
rate of 2% per calendar month or portion thereof, computed from the
original due date until paid in full, and shall be collected at the
time of payment or enforcement of such solid waste collection fee.
[Added by L.L. No. 1-2014, 12-19-2013, § 2]
(d)
Levy of and lien on unpaid solid waste collection fee. If a residential solid waste collection fee including interest thereon,
is not fully paid on or before, December 1 of the calendar year for
which originally billed, the unpaid amount shall become a lien as
of January 1 of the next succeeding year and shall accrue additional
interest, be collected, and be enforced in the same manner and at
the same time as provided by law for City taxes due in such next succeeding
year.
[Added by L.L. No. 1-2014, 12-19-2013, § 2]
(e)
Exemptions:
(1)
Any person who because of age or disability shall qualify for exemption
from City real property taxes based on an enhanced star exemption
or low income tax exemption, shall be charged a reduced fee for solid
waste collection and disposal services in an amount to be determined
by the schedule of annual collection fees pursuant to Subsection (a).
This reduced fee shall only apply to one dwelling unit in the case
of multifamily properties..
[Amended 3-20-2023 by L.L. No. 2-2023]
(2)
Any residential user eligible for STAR tax exemption from City real
property taxes, upon demonstrating that only one unit of a two or
three unit residential parcel is occupied as their residents, all
other units being permanently vacant, after certification to the Commissioner
and inspection, pursuant to regulations promulgated by the Commissioner
and approved by resolution of the City Common Council, shall pay only
the annual base unit fee.
(f)
For-profit mixed residential, multi-residential, and commercial
users. The annual fee shall be in an amount to be determined on the schedule of annual collection fees pursuant to Subsection (a) and shall be based upon that user's proportional share of the cost of waste collection services not funded by ad valorem tax, the formula for which shall be determined annually by the Commissioner, recommended to the Mayor, and adopted by resolution of the City Common Council. The Commissioner, consistent with the formula adopted by the City Common Council, is authorized to negotiate fees pursuant to Section 9-64(g) of this chapter, based on volume and time requirements for collegian, provided that such fees shall in all instances cover at a minimum the costs of providing the service.
[Amended 3-20-2023 by L.L. No. 2-2023]
(g)
Not-for-profit institutional users. The annual fee shall be in an amount to be determined on the schedule of annual collection fees pursuant to Subsection (a) and shall be based upon that user's proportional share of the total cost of waste collection services, the formula for which shall be determined annually by the Commissioner, recommended by the Mayor, and adopted by resolution of the City Common Council. The Commissioner, consistent with the formula adopted by the City Common Council, is authorized to negotiate fees pursuant to Section 9-64(g) of this chapter, based on volume and time requirements for collection, provided that such fees shall in all instances cover at a minimum the costs of providing the service.
[Amended 3-20-2023 by L.L. No. 2-2023]
No person other than the City of Poughkeepsie shall collect
or transport any residential waste, garbage, trash, ashes or recyclables
generated by any residential property originating within the City,
provided that a private collector, may collect, transport and dispose
of such residential waste or recyclables generated by any residential
structure or complex located on a single site that consists of in
excess of 30 dwelling units under common ownership or under the control
of a single condominium or cooperative corporation. The storage, collection
and transportation of all residential waste or recyclables, whether
collected by the City or by a licensed private hauler, shall be in
accordance with this Code, the regulations of the Commissioner and
all other applicable laws, codes or regulations.
Should any section, paragraph, sentence, clause, phrase or provision
in this article be declared unconstitutional or invalid for any reason,
the remainder of the chapter shall not be affected thereby and shall
remain in full force and effect.
(a)
Failure to comply with the terms of this article shall be a violation
as defined by the Penal Law of the State of New York and shall be
punishable by a fine not exceeding $1,000 or imprisonment not exceeding
15 days for each day a violation, or by both such fine and imprisonment,
or by penalty not less than $350 nor more than $1,000 for each day
a violation to be recovered by the City in a civil action.
(b)
A separate offense shall be deemed committed on each day during or
on which noncompliance with the terms of this article occurs or continues
unabated after the time limit set for abatement of the violation.
(c)
Any person issued a notice of violation pursuant to any provision
of this article shall be subject to an administrative fee of $50,
and such administrative fee shall be charged against the land upon
which the notice of violation was issued as a municipal lien or such
administrative fee shall be added to the tax rolls as an assessment
or levied as a special tax against said property or recovered in a
civil suit against the person to which the notice of violation was
issued.