As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Includes both combustible and incombustible waste materials,
such as waste of meat, fish, fruits, vegetables or vegetable matter,
including tin cans that have contained food material, and paper, wood,
leather, cloth or any other combustible matter, ashes, glass, metals
or other incombustible refuse. This term shall also include bulk items
such as vehicle tires, household appliances, furniture, machinery,
construction waste and demolition waste.
No person, either as owner, lessee, agent, tenant
or otherwise, of any lot, land, premises or improved property in the
City of Oneonta shall cause or allow thereon garbage and refuse materials
to become a hazard to public health, safety or travel or to become
a nuisance of any sort.
A.
Requirements.
(1)
Receptacles shall be kept securely covered in such
manner as to exclude dogs, raccoons, skunks, rats and flies and to
prevent the accumulation of rainwater and snow therein.
(2)
Their contents shall be removed from the premises
at least once weekly.
(3)
Receptacles must be kept in a good, clean and sanitary
condition free of leaks and dents which prevent tight closings and
shall not be permitted to have any ragged or sharp edges to hinder
or horn the person handling the contents thereof.
(4)
When stored out-of-doors, garbage and refuse other
than sanitary bulk items shall be stored in such receptacles.
(5)
Bulk items shall be stored such that they are not
hazardous; shall not collect water; shall have no sharp edges or dangerous
parts; and shall be stored outdoors for no longer than one week.
B.
Location. Garbage and refuse shall be kept in such
a place as not to constitute a nuisance. Garbage receptacles and bulk
items shall not be stored in front yards or in any location which
is visible from the public right-of-way, except by special permission
of the City of Oneonta Zoning Board of Appeals or under the following
circumstances:
(1)
Receptacles and bulk items may be placed in front
yards or in locations visible from the public right-of-way not more
than 12 hours prior to the collection of garbage, and receptacles
must be removed from those locations within 12 hours after the garbage
has been collected.
(2)
No person shall place any garbage and refuse material
at or near any curbing other than the curbline immediately in front
of the property from which such waste material was generated.
C.
Variance procedure for location issues. The Zoning Board of Appeals, as established by the City of Oneonta, shall hear and decide requests for variances from the storage location requirements of Subsection B of this section. In passing upon applications for such variances, the Zoning Board of Appeals shall consider all relevant factors.
D.
Exceptions.
(1)
Exceptions may be made for householders who dispose
of their garbage by means of a grinding machine or acceptable household
garbage disposal unit.
(2)
Burning of garbage by the householder shall be prohibited.
(3)
Nonputrescible sanitary material, if compactly stored
or tied in bundles or properly weighted down, need not be placed in
containers.
E.
Receptacle standards.
(1)
Receptacles shall be sturdy, weather resistant, rodent
proof, upright and of plastic or metal and shall have overlapping
and tight-fitting covers.
(2)
Plastic bags alone are not adequate.
(3)
No receptacle shall be larger than 50 gallons or smaller
than four gallons unless agreed to by the city.
A.
Providing and care of proper receptacles.
(1)
At properties containing any residential use, it shall be the duty of the property owner to furnish receptacles, in compliance with § 248-3E, to hold the garbage and refuse accumulations generated by the residential users between the periods of collection. It shall be the duty of the property owner and the occupant to keep the receptacles covered at all times when in use with proper tight-fitting sturdy covers, except while garbage and refuse is being put into such receptacles or while the same are being emptied.
(2)
It shall be the duty of the property owner and the
nonresidential occupants of any property to furnish approved sturdy
receptacles with proper tight-fitting covers to hold the garbage and
refuse accumulations generated by the non-residential users between
the periods of collection. It shall be the duty of the property owner
and the nonresidential occupant to keep the receptacles covered at
all times when in use with proper tight-fitting sturdy covers, except
while garbage and refuse is being put into such receptacles or while
the same are being emptied.
A.
Scavenging. It shall be unlawful for anyone, other
than the tenants, landlord or occupants of the premises at which garbage
and refuse are stored, licensed garbage and refuse collectors and
their employees or a duly authorized representative of the city, to
disturb any receptacle or to remove the cover or any of the contents
thereof or any material stored for disposal.
B.
Scattering of contents. It shall be unlawful for any
person to strew or scatter the contents of any receptacle containing
garbage or refuse in a yard or on a lawn, sidewalk street, waterway,
stream, empty lot or other public or private place in the City of
Oneonta.
[1]
Editor's Note: Former § 123-15, Noncompliance; appeals,
was repealed 2-21-2023 by Ord. No. 1-2023.
