[HISTORY: Adopted by the City Council of the City of Newburgh 9-12-2005 by Ord. No. 7-2005. Amendments noted where applicable.]
Garbage collection user fees — See Charter § C9.33.
Building demolition debris — See Ch. 125.
Construction operations — See Ch. 139.
Fees — See Ch. 163.
Housing and property standards — See Ch. 190.
Junkyards — See Ch. 198.
Water pollution — See Ch. 295.
No circulars, papers, advertisements, samples, notices, books, leaflets, paper scraps or other printed materials shall be thrown, deposited or left in or about the streets of the City or in the doorways, approaches, highways or any other exterior part of private property in the City. This section shall not apply to the regular delivery of newspapers and periodicals to consumers thereof.
No dirt, ashes, filth, dross, cinders, shells, offal, vegetables, garbage, filthy waters, liquid, recyclables, waste or trash of any kind shall be thrown, left, placed or swept into or on any street, sidewalk, highway, park, public property, property owned by the City of Newburgh or private property in the City, unless placed for collection in compliance with the provisions of this chapter.
No sand, gravel, cement, concrete, fill, bricks, stones, rocks, wood or other building or construction materials shall be deposited or thrown upon or permitted to fall upon any streets, sidewalks or lots in or of the City from any vehicle or by any other means, or at any time when said materials are being transported through the streets of said City, nor shall any such materials other than clean fill consisting of earth, sand or gravel be placed elsewhere than in a dump or other proper receptacle or depository designated therefor for which a special permit has been issued pursuant to the applicable provisions of this Code or of state law.
No person or persons shall use any vehicle for hauling paper, dirt, debris, rock, refuse or other matter unless such vehicle is so constructed or covered as to prevent the falling or scattering of any part of such load while passing over the streets, highways and public places. All such vehicles shall remain at all times in compliance with the provisions hereof requiring vehicles and private providers of collection services to be licensed and approved by the City.
No person shall collect or place for collection any waste, trash, garbage or recyclables from, on or at any property in violation of any of the provisions of this Code of Ordinances or on a day not authorized as a collection day therefor by City code or rule or by an authorized City official. No City employee shall collect waste from any property that is not listed on the records of the Superintendent of Public Works as having collection by the City.
No person shall place in a garbage can or other such receptacle located on a public street or in a public building any waste or trash, whether bagged, bundled or loose, which was produced or generated or which originated at or from a business or commercial operation or from a household or residence within or outside of the City. Such garbage cans and public receptacles shall only be used by pedestrians and others using the streets and sidewalks of the City for small items of waste such as wrappers and other discarded materials which are not special waste or recyclables or other materials required to be handled under other provisions of this chapter or of some other law, code, rule or regulation. Anyone misusing a public garbage can or receptacle as prohibited herein shall be subject to a penalty as prescribed in the City Code.
Any person having ownership, custody or control of a dog or other domesticated companion or working animal and walking such animal on the streets and thoroughfares and other common public access area shall be responsible for the picking up and collection and proper disposal of any and all waste products of such animal.
Notwithstanding any other provision of law, any person violating any provision of § 183-1 or other section of this chapter of the Code of Ordinances of the City of Newburgh, unless otherwise specified, shall be subject to the penalties provided for herein.
Any person found to be in violation of § 183-1 or other section of Article I of this chapter shall be guilty, upon conviction, of an offense punishable by a fine of not less than $500 nor more than $5,000 or by imprisonment for a period not exceeding 15 days, or both such fine and imprisonment. The imposition of one penalty for any violation of Chapter 183 of the Code of Ordinances of the City of Newburgh unless otherwise specified shall not excuse the offense or permit it to continue, and all such persons shall be required to correct or remedy such violation or defects. Each day that prohibited conditions or actions exist or continue shall constitute a separate offense hereunder.
[Amended 9-14-2015 by Ord. No. 11-2015]
In the event that the City or any other person shall be required to correct or remedy such violations or defects, the court may, in its discretion, order the payment, as and for an additional fine of the cost of such correction or remedy, such payment to be made to the City or to the person making such correction or remedy. Payment of such costs in damages shall be in addition to any other penalties imposed pursuant to this section. The court may order such payment of damages either upon submission of proof of actual costs expended for correction or remedy of the violations or upon submission of an estimate from an authorized City official or contractor for the cost of such correction or remedy.
The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions, nor shall it be held to prevent the City from removing trash and/or remedying a violation of this chapter and holding the party or parties committing such violation responsible for the City's costs and expenses incurred in providing such remedy.
Definitions. For the purpose of this section, the following terms shall have the following meanings:
- That portion of the street located within 18 inches of the curb or roadway edge or, if no curb is installed, on the side normally reserved for vehicular traffic or the parking of vehicles.
- The area commonly used by the public for pedestrian travel. The term shall include the paved or unpaved area used by the public or set aside for the use of the public as a right-of-way and shall include any planting strips or curbing.
Duty to clean or maintain.
No person shall deposit or cause to be deposited upon any sidewalk and gutter abutting said premises any litter, paper, dirt, debris, filth, garbage, offal, building materials, wood, glass or other waste or discarded matter.
Every owner and occupant of a single-family dwelling shall maintain the sidewalk and gutter abutting said premises free of waste, litter, garbage and debris in a clean and sanitary condition at all times. No person shall sweep or otherwise dispose of waste materials by depositing or otherwise causing same to be or remain in gutters, sewers or storm drains.
Every owner of a building containing two or more dwelling units, every owner of a vacant building and every owner of a vacant lot shall maintain the sidewalk and gutter abutting said premises free of litter, garbage and debris and in a clean and sanitary condition.
Every person owning, managing or occupying a place of business or premises comprised of mixed commercial and residential uses shall keep the sidewalk and gutter abutting said premises free of litter, garbage and debris and in a clean and sanitary condition.
No person shall discard, place or allow to be placed by a person or animal or dispose of decomposable organic matter which would tend to create a nuisance or act as a breeding place or as food for insects, rats, mice, vermin or other pests or vectors on the surface of any ground within the City; nor discard anything capable of holding water which might serve as a breeding place for mosquitoes or other flying insects; nor permit any stagnant pools of water to exist; nor permit the growth or accumulation of ragweed, poisonous plants or pollinating weeds detrimental to public health; nor permit the growth of brush or grass or the accumulation of combustible matter which might serve to increase the fire hazard posed to neighboring property; nor permit the accumulation of waste tires, vehicles, auto parts, machinery or the components thereof on any property.
The City Manager is authorized to appoint one or more Sanitation/Code Enforcement Officers in accordance with state and local laws. Such officers shall be authorized to issue notices of violations as well as to issue and serve summonses upon any persons alleged to have violated any of the provisions of this chapter. This appointment power shall remain subject to all other legal and contractual procedures, rights and limitations. Notices, violations and summonses as provided for herein may also be issued by any City police officer or Code Enforcement Officer.
The rules and regulations of this article are hereby established to regulate the handling of various types of waste in the homes and commercial establishments within the limits of the City and to provide for sanitary storage, effective collection and successful operation of the municipal disposal facilities and systems.
As used in this article, the following terms shall have the meanings indicated:
- The residue of the combustion of any type of solid fuel, such as wood, coal, coke, charcoal or lye substances. The handling, collection and disposal of ashes is subject to all the requirements of this Code in addition to all other applicable requirements of federal and state laws, codes, rules and regulations.
- AUTOMOTIVE WASTES
- The wastes generated by businesses and individuals engaged in the buying, selling, trading, repair, modification, enhancement or other work involving motor vehicles or their components.
- BUILDING AND CONSTRUCTION WASTES
- Materials resulting from the construction, alteration or repair of structures and consisting of plaster, metal, brick, concrete, lathing, roofing, nails and hardware and materials containing same, earth, structural members and like material. Such material may also be known as and referred to as "construction and demolition" waste or debris or as "C and D."
- BULK AND OVERSIZE ITEMS
- Any item of furniture, such as tables, chairs, sofas, couches, mattresses, box springs, beds, dressers and other such items and/or parts thereof.
- COMMERCIAL WASTES
- The general or extraordinary wastes that accumulate in structures or upon the land appurtenant to any commercial property or small commercial property or business devoted in whole or in part to nonresidential purposes, including but not limited to clubs, stores, offices, restaurants, banks, entertainment and recreational facilities, industrial properties including those devoted to manufacturing, processing, treatment, modification, storage or shipment of goods or products; and shall also include wastes generated by residential properties with four or more separate dwelling units, but shall not include large residential or other properties required to provide dumpsters or other means of disposal by the provisions of this chapter. The owner of or responsible party for such structures or land or business shall be responsible for the safe and lawful disposal of such wastes.
- ELECTRONIC COMPONENTS
- Wastes consisting of unbroken television and computer screens and monitors; components of radios, video devices, entertainment systems and other like materials.
- Waste material including, but not limited to animal, fish, fowl, fruit or vegetable matter created or sold in connection with or produced therefrom and also including spoiled food and dead animals found within the City limits and including food containers.
- INDUSTRIAL WASTES
- The wastes that accumulate in structures or upon the lands appurtenant to any industrial property as defined herein.
- Those materials capable of being reprocessed and reused, limited for collection purposes to the categories of newspaper, clear glass, colored glass, tin cans, aluminum cans and plastic and such other materials designated and deemed to be recyclable and/or for which it has been determined that there exists a commercial market therefor. Such determination may be made by the City or by the County of Orange or by the state or its agencies or by any other government authority which is empowered by law to make such determination.
- RESIDENTIAL WASTES
- The wastes that accumulate in structures or upon lands appurtenant to any residential property consisting solely of one, two or three separate dwelling units.
- SPECIAL WASTE
- Waste materials not otherwise defined and which because of their kind or nature either require special handling, pose a potential hazard to public health or safety, are subject to special rules or regulations imposed and/or enforced under law by a governmental authority, which present particular problems in handling, management and disposal. "Special waste" shall include but not be limited to the following: hazardous waste and materials, chemicals, biological waste, radioactive waste, and medical waste, among others.
- WHITE GOODS
- Waste materials consisting of refrigerators, stoves, washers, dryers, sinks, toilets, ovens, boilers, heaters, freezers and other like appliances and fixtures.
- As used herein, all materials discarded to be managed, handled and disposed of according to the provisions of this chapter which is not otherwise defined as "C and D," white goods, wood waste and tree trimmings, automotive waste, special waste or otherwise defined herein.
- WOOD WASTE AND TREE TRIMMINGS
- Waste materials produced or generated as a result of cutting or trimming or otherwise collecting from trees, shrubs and other plant life, leaves, branches, twigs, flowers and other components thereof, living or dead, and no longer connected to the host plant.
Persons other than the Superintendent of Public Works removing waste, garbage or refuse recyclables, special or other kinds of waste shall separate the materials contained therein as required by law, code, rule or regulation, and deliver them to such places designated therefor and within such hours as shall be fixed by law or by the Superintendent of Public Works. Such persons must secure in advance from the City and other regulatory authority any and all permits, approvals and permissions therefor as required by all applicable laws, rules and regulations.
Whenever in the Charter or Code of Ordinances of the City of Newburgh the City is authorized to impose a fee for the collection and disposal of solid waste, including but not limited to bulk and oversized items, so-called white goods, construction and demolition waste and debris, and any and all other waste materials, and/or impose penalties for a violation of any provisions thereof, it shall be understood that in the event of noncompliance and/or nonpayment, the City shall have the right to take any and all such actions, including but not limited to making expenditures and retaining agents, employees and/or consultants to effectuate such proper removal and disposal and to remedy all damages and remediate such consequences of the leaving of such improper item(s) and the City may make a demand upon the responsible party and/or the owner of the subject real property for payment of the City's costs and fees for such collection, and all such other charges, fees, fines and penalties as may be provided for herein and imposed hereunder. In the event of nonpayment following such demand, the City may add the costs and expenses thereof to the amount of taxes due as levied upon the property of the responsible parties, and may then proceed with all such collection and enforcement actions and proceedings as are provided by law for the collection and enforcement of unpaid taxes.
Waste to be collected by the City is to be well drained of free water and wrapped in clear plastic bags and stored in a watertight, tightly covered container. Undrained garbage will not be collected and is hereby declared to be a nuisance and a violation of this chapter when placed on public or private property, whether in containers or not.
All recyclables are to be completely separated from nonrecyclable material and separated according to prevailing law, code, rule or regulation and as set forth herein. No recyclables shall be placed out for collection mixed with garbage or other kinds of waste. Recyclables may only be placed for collection on the day and in the manner designated for the collection of recyclables by the Superintendent of Public Works and/or by other lawful authority. Any such mixing or prohibited commingling of waste with recyclables set out for collection shall be a violation of this chapter.
Containers for waste. Wrapped or bagged waste shall be stored in watertight, tightly covered metal or plastic cans not exceeding 32 gallons in capacity and weighing not more than 50 pounds when full. Not more than three containers shall be put out for collection by any single-family residence, nor more than five containers by any multiple-family residence comprised of two-family or three-family dwellings on any one collection day, except as otherwise provided for herein. Each such container shall be clearly marked with the address of the premises served thereby.
Confiscation of containers. Containers not conforming to the requirements set forth by this article or which shall be deemed a sanitary or accident hazard may be confiscated by the City and disposed of without compensation to the owner(s) thereof.
The City shall not collect the following kinds of waste items and materials: automotive waste, waste tires, C and D, broken television computer screens and monitors, special and/or hazardous waste. Such wastes are the responsibility of the subject property owner and/or generator of such waste to manage, handle and dispose.
Handling and disposal of specified waste. The following categories of waste shall be collected by the City only after an appointment for the collection of same in advance with the City Department of Public Works and the payment of the fee provided therefor in a schedule of fees promulgated by the Superintendent of Public Works. Such items shall be put out for collection no earlier than 6:00 p.m. on the evening prior to the day of such appointment. Bulk and oversize items, white goods, wood waste, and unbroken television and computer screens and monitors, and electronic components.
Wood waste, leaves and tree trimmings. Such materials shall be securely tied in bundles or bagged to prevent scattering thereof, each of which bundles shall not contain items exceeding three inches in diameter nor four feet in length, nor shall any bundle weigh more than 50 pounds. Wood waste and tree trimmings shall be collected only after an appointment for collection has been made with the Department of Public Works or according to a collection schedule established by the Department. Leaves shall be securely bagged in biodegradable bags weighing no more than 50 pounds each when full. Material which is loose or otherwise improperly bundled or bagged shall not be collected by the City.
No item shall be left out for collection, nor shall any such item be collected, which is in a dangerous, unstable or deteriorated condition, such that it is crumbling or disintegrating, is composed of or contains toxic or hazardous substances, has exposed nails or broken glass or sharp points or edges, or is loose and unconfined and subject to scattering, or otherwise presents any inherent danger to any member of the public or to City employees or agents. Anyone leaving such items on the public sidewalk, gutter or street, and the private owner of adjoining property if any, or either of them, shall be jointly and severally liable and responsible for the immediate safe removal of such items from the sidewalk, gutter or street and for their proper disposal; and for the costs and expenses if any to the City of Newburgh if the City, by its agents and employees, should effectuate such removal and disposal; and for any costs or damages resulting to any individual suffering injury, damage or loss resulting from the leaving of such items as aforesaid. This provision shall be in addition to and not instead of any other requirements or remedies provided by any other law, rule, regulation or requirement.
Collection of designated materials. The following materials and items shall not be put out for collection as part of the ordinary stream of municipal solid waste. Instead, such materials and items shall be handled, managed and disposed as set forth herein. These provisions shall be in addition to and not in lieu of all other laws, rules and regulations governing management and disposal of these materials adopted and enforced by any and all other regulatory agencies with jurisdiction thereover. Recyclables shall be set out for collection on the days and times set forth in the City Code, rules and regulations, and as determined by the Superintendent of Public Works.
All recyclables shall be put out in two separate containers; one labeled "paper," and one labeled "mixed recyclables," in compliance with the rules set forth herein.
Recyclables. The City shall cooperate with the State of New York and with the County of Orange and shall conform to the practices required thereby in the handling, separation, bundling and securing, collection and disposal of all recyclables. Such information and requirements promulgated by the County of Orange are incorporated by reference herein. In addition, the following rules and requirements shall be met.
All recyclable newspapers and other mixed paper as defined by the City, county and/or state or other lawful authority shall be placed for collection in a separate, reusable closed and secure container. Such container shall include newspapers, white envelopes, white and colored ledger (office paper), kraft paper, including brown grocery bags, notebook paper, construction paper, soft-covered workbooks, telephone books, paperback books, magazines, catalogues, so-called junk mail, including white and colored envelopes, window envelopes, coupons, computer printout paper, facsimile and photocopy paper, chipboard and boxboard, paper egg cartons, including boxes used for cereal, tissue, prepared food, crackers, pasta products, games and the like, corrugated paper boxes, and shredded paper contained in paper bags. Such shall not include any kind or form of plastic bags. Such container shall be clearly marked as "Paper" recyclables. It shall be permissible to collapse, bundle, cut or otherwise consolidate corrugated paper, cartons, chipboard, boxboard and other heavy paper products and set same out for collection if securely tied together in a bundle which does not weigh more than 50 pounds and is free of grease, oil and other food materials or other waste mixed in therewith, and so secured as to prevent scattering thereof.
Mixed recyclables shall be placed for collection in a separate, reusable closed and secure container. Mixed recyclables shall include clear, green and brown glass bottles, metal cans, including up to one-gallon clean water-based paint cans, nonhazardous aerosol cans, plastic containers numbered 1 through 7, milk and juice cartons and boxes, aluminum foil, aluminum plates and trays, white refrigerated and frozen food containers and like materials. All must be rinsed, with caps, lids or rings removed. Mixed recyclables shall not include any container used for any paint or surface treatment which is not water based, or any material which is or is mixed with any ashes, C and D, automotive wastes, hazardous waste or special waste as defined herein. No mirrors, windowpanes, glass doors, windshields, light bulbs, ceramics, crystal, Pyrex, dishes, clay or other materials may be mixed with glass.
Any changes to the definitions, rules or regulations adopted by the state, county or City or other lawful authority with respect to recyclables and their handling, management and disposal shall be considered to be incorporated herein upon their proper adoption by such authority.
Building and construction waste shall not be collected or disposed of by the City. Persons responsible for the generation of such waste, including property owners, contractors, workers and others, shall be jointly and severally responsible for the management and disposal of such waste. In the event the City incurs costs for the management and disposal of such waste due to the failure of responsible persons to do so, the City shall have the right to hold each persons jointly and severally liable to reimburse the City for all such costs.
Waste, garbage, recyclables and other materials referred to in this article shall be set out for collection only in accordance with the following rules:
Such materials shall be set out only if authorized for collection by the City.
Such materials shall be placed on the sidewalk only.
Such materials shall be placed only in front of premises whose owner has previously given permission to do so.
Such materials shall be set out for collection no earlier than 6:00 p.m. on the day prior to the day of collection.
All containers and any uncollected materials shall be returned to the rear of the properties no later than 6:00 p.m. on the day of collection.
Waste, garbage, recyclables, white goods, bulk and oversize items, wood wastes and other materials which the City is authorized to collect shall be collected on days specified by the Superintendent of Public Works.
The following materials will be collected by the City only upon the making of an appointment with the Department of Public Works and the advance payment of the fee prescribed therefor in a schedule of fees promulgated by the Superintendent of Public Works: white goods, bulk and oversized items, wood waste, unbroken television and computer screens and monitors and electronic components.
Garbage shall be contained in securely sealed clear plastic bags which shall be contained in a securely covered can or container as specified in this chapter.
Commercial waste will be collected by the City only on such days and at such times as shall be scheduled by the Superintendent of Public Works. Premises producing such wastes may set out for collection no more than six cans or containers on any one collection day. Each and every such premises setting out such commercial waste shall contain such waste in securely sealed clear plastic bags which shall be contained in tightly covered metal or plastic cans, clearly marked with the address of the premises served thereby; each such metal or plastic can set out for collection shall not exceed 32 gallons in capacity and shall not exceed 50 pounds when full.
Manufacturing and industrial facilities may not set out any waste materials whatsoever for collection by the City, but must arrange for the private collection and disposal of same at no cost to the City by a private entity properly qualified and licensed as required by law and by the terms of this chapter.
On any occasion when a day scheduled for regular collection falls upon a Monday which shall be a public holiday, then the collection day for same shall be the immediately following Tuesday.
Any commercial or industrial business or multiple residence may use a dumpster as a storage container for waste in lieu of those described in § 183-13 of this article. Such use, whether collection is by the City or a private collector, shall be subject to the following provisions:
No dumpster shall be placed, kept or allowed to remain in any public street or upon a public sidewalk except as provided in Subsection G hereof.
All dumpsters shall have a cover which shall be kept closed except when the dumpster is in the process of being filled or emptied.
All dumpsters must be secured so as to prevent accidental movement from their location.
All dumpsters shall be emptied and disinfected regularly. "Regularly" shall, for the purpose of this section, be interpreted to mean as often as necessary to prevent the accumulation of garbage from exceeding the capacity of the dumpster or as often as necessary to prevent the existence of a health hazard. The Superintendent of Public Works shall have the power to direct the disinfecting, cleaning or emptying of any dumpster which he finds to be a hazard to the public health. The area surrounding each dumpster shall be kept and maintained free of all garbage, trash and debris at all times.
All dumpsters shall be kept in an enclosure and at least five feet from all adjoining properties. Such enclosure shall be of sufficient height to shield the dumpster from public view from the public highway or street. Where such requirements cannot be met without practical difficulties, the Superintendent of Public Works shall have the power to grant, in writing, an exception to this provision and to impose conditions on said exception.
Any person desiring to maintain or use a dumpster within the City shall apply to the Superintendent of Public Works for a permit to do same. Said application shall be upon a form to be provided by the Department of Public Works and shall be accompanied by a surety bond issued by a surety company authorized to do business in the State of New York and in a form to be approved by the Corporation Counsel. The amount of said bond is to be approved by the Superintendent of Public Works. The Superintendent of Public Works shall have the discretion to waive the requirement to provide a surety bond for any applicant showing good cause why such requirement should be waived.
Any person desiring to use a dumpster for purposes of a construction or demolition job shall make application as provided in Subsection F of this section. Upon a showing of practical necessity, the Superintendent of Public Works may permit the placement of such a dumpster upon the streets or sidewalks of the City and may set reasonable conditions on said placement. Such conditions must include the marking of said dumpster with sufficient reflectors or lights if it is to be placed upon a public street or sidewalk and a time limit on such placing. All provisions of this section shall apply to said dumpsters, except Subsections A and E, for which the Superintendent of Public Works may specifically grant an exception subject to reasonable conditions.
The City shall not be responsible for damage caused to any dumpster during the normal emptying of said dumpster during collection.
Authority. Private parties may be authorized by the City Manager to collect industrial, commercial or residential wastes and recyclables at no cost to the City, provided that such collection is performed in accordance with the provisions of this article and produces no objectionable conditions in and on the streets of the City.
Licensing. Private collectors shall, before engaging in such business, be licensed by the City Manager and shall conform to rules and regulations adopted by him which will guarantee the safe and sanitary transportation of materials and recyclables through the City and to the provisions of this chapter. Each vehicle used in such services must be licensed pursuant to this section. The term of the license shall commence on June 1 and expire on May 31 of the year following. A fee, as set forth in Chapter 163, Fees, of this Code for each vehicle shall be payable to the City Clerk prior to the issuance of a license. A license may be revoked by the City Manager after a hearing and upon evidence that a licensee's collection or disposal is not in conformity with the requirements of this chapter or such further rules and regulations as may be adopted.
Private scavenging of or through waste set out for collection on the streets of the City or on private property adjacent thereto is prohibited.
No person shall operate and no owner shall permit to be operated on his property any commercial use which would bring such property within the definitions of "commercial property" as defined herein without first having obtained a written permit from the Superintendent indicating that arrangements have been made with a private waste collection provider who is fully qualified, permitted, authorized and licensed under all applicable state and local laws, rules and regulations for the collection of wastes generated by said commercial property.
The application for such permit shall contain the following information and any other information deemed necessary by the Superintendent:
The name and address of the person operating this commercial use.
The name and address of the owner of the commercial property.
The nature of the commercial use.
The name and address of all private entities providing said sanitation service, and if different, the name and address of the company collecting and transporting commercial waste from the premises.
A fee as set forth in Chapter 163, Fees, of this Code shall be submitted with each application for such permit.
[Amended 6-14-2010 by Ord. No. 10-2010]
The permit shall be issued for a term of one year. A new application shall be filed each year, or more frequently whenever the company providing such service is changed.
The issued permit shall be on a form provided by the Superintendent and shall cite the name of the commercial user, the location of the commercial property and the name of all persons or entities collecting commercial waste from said commercial property. The permit shall be prominently posted at the commercial property, to be visible from the public street. The specific location of posting is to be determined by the Superintendent. No permit shall be issued unless the person collecting said waste has a license issued pursuant to § 183-16 of this article. The permit shall not be transferable.
Any person who operates a commercial use without obtaining a sanitation permit or who knowingly permits a commercial use to operate on his property without a sanitation permit or who fails to post a sanitation permit shall be guilty of a violation.
No person shall place waste, trash, ashes, garbage or recyclables on any public street, sidewalk or property in the City or on any private property within the City for collection unless it is placed there pursuant to the provisions of this chapter.
No person shall collect any waste, trash, ashes, recyclables or garbage from any commercial property that does not have a permit issued pursuant to this chapter and other provisions of the Code of Ordinances. No City employee shall collect waste from any property that is not listed on the records of the Superintendent as having collection by the City.
No person other than the City of Newburgh 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, licensed pursuant to § 183-16 of this article, 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 City Manager and all other applicable laws, codes or regulations.
All residential waste generated within the City, except that which is collected by private carters pursuant to § 183-20 of this article, shall be collected by the City Bureau of Sanitation or the Department of Public Works, and the owner of the property from which said waste is generated and collected shall pay the service charge for such collection established by § C9.33 of the City Charter.
It shall be the affirmative duty of the owner of every piece of real property in the City to provide for the collection and removal of wastes generated thereon from said property as provided for herein. The failure to continuously so provide for such removal shall be a violation. Each day for which there is no such provision made for servicing said property during a period when City collection has not been provided for and paid for shall be a separate violation.
Any person making a false statement on any application made pursuant to this article, or on any report made, or who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided herein for violation of this chapter of the Code of Ordinances of the City of Newburgh as follows:
Be prosecuted as a violation as that term is defined in the Penal Law of the State of New York, as amended from time to time, and shall be punished by a fine of not less than $100 but not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both for a first offense. For a second offense, the penalty shall be a fine of not less than $250 nor more than $500 or imprisonment for a term not exceeding 30 days, or both. For a third and for each additional violation thereafter, the penalty shall be a fine of not less than $500 nor more than $1,000 or imprisonment for a term of 60 days, or both. Each day any violation of any provisions of this Code or of any ordinance or local law shall continue shall constitute a separate offense; or, at the discretion of the enforcing officer, such violation may also:
Provide the basis for a civil cause of action which may be maintained by the City of Newburgh as provided in § C4.32 of the Charter. Each day any violation of any provisions of this Code or of any ordinance or local law shall continue shall constitute grounds for a separate cause of action.
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.