City of Port Jervis, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Port Jervis 3-26-1973 (Ch. 13, Arts. I and II of the 1964 Code of Ordinances; Ch. 94 of the 1981 Code); amended in its entirety 1-24-1983 by L.L. No. 2-1983. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 417, Art. I.
Sewers and sewage disposal — See Ch. 445.
As used in this chapter, the following terms shall have the meaning indicated below:
ASHES
The residue from coal, wood or other fuel.
COMMERCIAL ESTABLISHMENT
Any business or other undertaking for profit.
[Added 7-23-1990 by L.L. No. 8-1990]
DUMPSTER
Any large receptacle used or maintained by any person or commercial establishment for the collection of garbage, refuse, rubbish or waste. This includes commercial, industrial, or construction receptacles.
[Added 10-28-2013 by L.L. No. 8-2013]
GARBAGE
Organic waste of meat, bones, fish, fruit, vegetables or any animal or vegetable matter, including cans or containers and packaging that have contained food materials, and also any materials or containers designated by local, county or state authorities as recyclable.[1]
[Amended 9-9-1996 by L.L. No. 15-1996]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
REFUSE
Inorganic waste such as bottles, glass, tires, crockery, metals or other noncombustible matter, including grass clippings and leaves.
[Amended 2-8-1993 by L.L. No. 1-1993]
RESIDENTIAL STRUCTURE
A structure or part of a structure containing one, two or three residential units. Only residential structures as herein defined shall have their garbage and recycling picked up by the City of Port Jervis. Any structure containing a commercial establishment and residential units (no matter how many residential units) shall not have its garbage and recycling picked up by the City of Port Jervis. Mixed-use structures containing commercial and one or more residential units shall not be considered residential structures as this term is used in this chapter.
[Added 8-15-1990 by L.L. No. 12-1990; amended 11-22-2004 by L.L. No. 3-2004; 6-27-2005 by L.L. No. 2-2005]
RUBBISH
Paper, leather, cloth, plastic or other combustible matter.
[1]
Editor's Note: The definition of "permissible burning items" which immediately followed this definition was deleted 2-26-2007 by L.L. No. 2-2007.
A. 
The dumping, depositing or permitting of the same of any garbage, rubbish, refuse or toxic substance upon any public or private property within the City of Port Jervis is hereby prohibited and declared unlawful, except as hereinafter provided.
B. 
Notwithstanding anything to the contrary contained herein, violation of § 457-2A shall be punishable by a fine of not less than $500 and not more than $5,000 or imprisonment for up to 30 days, or both. In addition, the City shall recover of any violator the actual costs incurred for removal, disposal and cleanup of any prohibited dumping.
[Amended 2-8-1993 by L.L. No. 1-1993]
[Amended 2-24-1997 by L.L. No. 2-1997; 2-26-2007 by L.L. No. 2-2007]
Use of the municipal transfer station site on Upper Canal Road, in the Town of Deerpark, is restricted to the City Department of Public Works and those residents of the City of Port Jervis holding valid permits issued by the City of Port Jervis. Application for said permits shall be made to the City Clerk-Treasurer, the fee for the same set by resolution of the Common Council of the City of Port Jervis. Permit fees shall be as set forth in § 457-12.
[Amended 2-26-2007 by L.L. No. 2-2007]
A. 
The municipal burning pit shall be open to any resident of the City of Port Jervis, free of charge. Said site is restricted to the dumping of wood, tree branches or clippings.
B. 
Any person using the municipal burning pit must, on demand, furnish proof of residence in the City of Port Jervis.
C. 
Violation of the provisions of Subsection A above shall be punishable by a fine not to exceed $50 for the first offense, $100 for the second offense, and $200 for the third and subsequent offenses. In addition to the fine above, a second or subsequent offense shall subject the offender to being barred from using the facility at the discretion of the Director of Public Works.
A. 
Garbage and other refuse shall be placed as near as practicable to the curbside for collection.
B. 
Such placement of garbage and refuse shall be done no earlier than 5:00 p.m. on the day preceding a scheduled collection day. Violation of this provision shall be punishable by a fine not to exceed $10.
C. 
Tampering with, scavenging from, knocking over, spilling or any other unauthorized touching of waste receptacles or the contents thereof is prohibited, and violation of this subsection shall be punishable by a fine of not less than $100 nor more than $300.
[Amended 2-8-1993 by L.L. No. 1-1993; 9-9-1996 by L.L. No. 15-1996]
A. 
The dumping of dirt, sand, gravel, ashes, stone, slate, blacktop or other similar materials on property owned or operated by the City of Port Jervis, including the municipal transfer station, is hereby permitted subject to the prior approval of said dumping by the Director of Public Works or his authorized deputy. Said dumping shall only be permitted at the location designated by the Director of Public Works or his deputy.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Dumping of dirt, sand, gravel, ashes, stone, slate, blacktop or other similar materials on private property is hereby permitted with the prior permission of the owner of the property and subject to the approval of the Building Official. Any such private dumping shall be leveled within seven days of the date of dumping and is only permitted in areas approved by the Building Official.
C. 
Violation of Subsection A of this section shall be punishable by a fine not of less than $250 nor more than $5,000. In addition, the City shall recover of any violator the actual cost of removing or moving any material dumped in violation of Subsection A.
[Amended 2-8-1993 by L.L. No. 1-1993]
D. 
Violation of Subsection B of this section shall be punishable by a fine not of less than $250 nor more than $5,000. Imposition of a penalty pursuant to this subsection shall not prohibit any injured person or property owner from pursuing a civil remedy against the violator.
[Amended 2-8-1993 by L.L. No. 1-1993]
A. 
Disposal hours.
[Amended 2-27-1991 by L.L. No. 2-1991]
(1) 
Disposal hours shall be Monday through Friday (except holidays for municipal employees) from 7:30 a.m. to 3:00 p.m. the first full week of the month.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Saturday hours, for burning pit only, shall be from 8:00 a.m. to 2:00 p.m.
B. 
No dumping shall be permitted unless under the direction and supervision of the transfer station attendant.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Exterior property areas, as defined in § 319-2 of the City Code, shall be maintained in accordance with the requirements of Chapter 319 of the City Code, and violation shall be punishable by the penalties provided therein.
The accumulation of garbage or refuse so as to cause an unsafe or unsanitary condition, as defined under Chapter 319 of the City Code or under the State Sanitary Code, is hereby prohibited. Violation shall be punished by the penalties provided therein.
A. 
All refuse and garbage shall be stored and placed in watertight metal or plastic receptacles having handles and covers. Receptacles shall have a capacity of not less than 10 gallons nor more than 35 gallons.
B. 
The City shall not be liable for any damage caused to a plastic receptacle by cold weather.
C. 
Any liner used in a receptacle must be biodegradable.
D. 
Paper bags or boxes are not acceptable and will not be collected.
[Amended 7-23-1990 by L.L. No. 8-1990]
E. 
The property owner is responsible for providing acceptable receptacles for each living unit on his or her property.
Bulky refuse such as cardboard or other similar material shall be flattened, bundled and securely fastened into bundles not to exceed 24 inches in width and 36 inches in length and shall not weigh more than 75 pounds.
[Amended 5-14-1990 by L.L. No. 7-1990; 7-23-1990 by L.L. No. 8-1990]
A. 
Residential structures shall be provided with one collection per week. Only containers specified in § 457-10A shall be allowed and shall be limited to four containers.
B. 
The collection day shall be determined by the Director of Public Works, in his sole discretion.
C. 
All garbage and refuse must be properly packaged in approved receptacles or properly bundled to be collected.
D. 
Collection services shall not be provided to commercial or industrial establishments.[1]
[1]
Editor's Note: Original § 94-12E and F, which immediately followed this subsection, were deleted 2-26-2007 by L.L. No. 2-2007.
E. 
Only solid wastes generated within the City of Port Jervis are eligible for collection, either weekly or in special cleanups.
F. 
Collection of leaves during the designated dates and times as determined by the Director of Public Works and the Common Council of the City of Port Jervis shall be restricted to only bagged leaves contained in biodegradable and/or compostable bags of appropriate strength, loose leaf pickup, and leaves kept in appropriate garbage receptacles.
[Added 1-9-2017 by L.L. No. 2-2017]
A. 
The City shall provide cleanup programs for all residential units as from time to time may be determined by resolution of the Common Council.
[Amended 2-27-1991 by L.L. No. 2-1991]
B. 
The dates for each cleanup program shall be set by the Common Council or the Director of Public Works, if so authorized by the Common Council.
C. 
The cleanup program will be limited to inert and nonorganic materials, and the specific items to be collected shall be determined by the Director of Public Works, in his discretion.
D. 
The schedule for the cleanup program shall be published once in the official newspaper at least one week prior to the cleanup program.
E. 
All materials set out for cleanup or pickup, including recyclables (which shall be placed in a separate container clearly marked as recyclables), must be placed as near the curbline as is practicable.
[Amended 9-9-1996 by L.L. No. 15-1996[1]]
[1]
Editor's Note: This local law also repealed former Subsection F, which immediately followed this subsection and dealt with scavenging.
A. 
No garbage, refuse or other waste shall be kept or stored within 25 feet of the curbline of any public street, except when placed out for collection, nor shall any garbage, refuse or other waste be kept or stored within 10 feet of any property line.
B. 
Clippings, trimmings, branches and leaves shall not be collected and must be disposed of by the property owner at the burning pit.
A. 
Any nonmunicipal garbage, refuse or rubbish collector, any and all contractors, subcontractors or any agent thereof, either commercial or residential, may collect within the City, provided that the annual permit is obtained from the City Clerk-Treasurer. All permits shall expire on December 31 of each year.
[Amended 2-26-1996 by L.L. No. 1-1996]
B. 
The annual permit fee shall be as provided in Chapter 280, Fees. The amount of the annual permit may be changed by the Common Council by resolution alone.
[Amended 4-27-1992; 2-26-2007 by L.L. No. 2-2007]
C. 
List of locations; dumpsters.
[Amended 11-25-1996 by L.L. No. 19-1996]
(1) 
All nonmunicipal collectors shall provide the Director of Public Works with a list of all locations they are serving within the City and the day or days on which collections are made. Residential customers must be provided with a minimum of one pickup per week.
(2) 
All trash receptacles commonly known as "dumpsters" of any size, left on site by a collector must be clearly labeled in lettering at least four inches in height to show the name of the collector and phone number of the collector.
(3) 
All debris, garbage, refuse or rubbish must be stored within the confines of the dumpster at all times, and the dumpster must have a permanently affixed cover which must be closed at all times.
[Added 2-23-2015 by L.L. No. 2-2015]
D. 
No collection may be done between the hours of 9:00 p.m. and 6:30 a.m.
E. 
No permit may be revoked without a hearing held before the Common Council and upon no less than one week's written notice to the permit holder, setting forth the basis for the revocation.
[Added 10-23-1989 by L.L. No. 21-1989 (Ch. 123 of the 1981 Code)]
A. 
Purpose; findings.
(1) 
A resource recovery system for the mandatory separation of recyclables for garbage and refuse within the City of Port Jervis is necessary to reduce the amount of solid waste generated and assure that solid waste is disposed of in the most economical and environmentally acceptable manner.
(2) 
The Common Council of the City of Port Jervis hereby finds that the mandatory recycling of certain waste materials is imperative to further the general health, safety and welfare of the City and its residents. The Council finds that the most effective means of regulating the recycling process is by adoption of regulations by resolution of the Common Council.
B. 
Authority; general provisions.
(1) 
The Common Council is empowered to promulgate and establish by resolution rules and regulations implementing the mandatory separation of recyclables established by this section.
(2) 
The recycling of certain materials, which materials shall be specified by resolution of the Council, is hereby required.
(3) 
Recyclables shall be separated from all other garbage or solid waste.
(4) 
Paper recyclables shall be tied in bundles not to exceed 40 pounds prior to the collection, removal or disposal of the same. Newspaper shall be bundled separately.
(5) 
Glass and metal recyclables shall be cleaned, and all contents shall be removed therefrom prior to the collection, removal or disposal of the same. Caps and rings shall be removed from glass recyclables prior to collection, removal or disposal.
(6) 
All recyclables shall be placed in waste receptacles for collection, removal and disposal. Recyclables shall not be placed in plastic or paper bags for collection, removal or disposal.
(7) 
Recyclables shall not be placed in the same waste receptacle or garbage can or otherwise mixed or combined with other forms of solid waste for collection, removal or disposal.
(8) 
The Common Council is empowered to designate the schedule for collection, removal and disposal of recyclables. Recyclables shall not be collected, removed or disposed of other than in conformance with the schedule established by the Common Council.
(9) 
No person having custody or control of premises within the City shall permit or cause any garbage, rubbish or other refuse, including recyclables, within his control to become a hazard or potential hazard to public travel, health or safety or to become a nuisance of any sort.
C. 
Definitions. As used in this section, the following terms shall have the meaning indicated:
NEWSPAPERS
A product printed on newsprint, including all newspapers, newspaper advertisements and comics. Not included in this definition are magazines, telephone books or other advertising material printed on glossy or slick papers, whether or not enclosed with or distributed with newspapers.
RECYCLABLES
Discarded material which may be reclaimed, comprising solid waste consisting of newspapers, clear glass bottles and jars and other such materials as designated by Orange County.
D. 
Receptacles. Waste receptacles for recycled materials may when available be furnished to each property owner by the City. Said receptacles are and shall remain the property of the City and shall be used exclusively for recyclable materials and be maintained in good condition by the property owner. If recyclable containers are not available from the City, the property owner is to furnish an appropriate container and mark "Recyclable" on said container. If a waste receptacle is damaged to such a degree that, in the opinion of the City Department of Public Works, it is no longer usable, the property owner shall replace the waste receptacle with a receptacle conforming to City specifications at his own cost and expense. In the event that the property owner fails to replace the receptacle within one week of notification from the City to do so, the City shall replace the receptacle. The City shall bill the property owner for the cost thereof, and such cost, if unpaid, shall become a lien on the property and may be collected in the same manner as other real property taxes.
[Amended 2-26-2007 by L.L. No. 2-2007]
E. 
Enforcement; penalties for offenses.
[Amended 6-11-2007 by L.L. No. 4-2007]
(1) 
The provisions of this chapter shall be administered and enforced by the Director of Public Works, the Code Enforcement Officer and the Police Department.
(2) 
Any person convicted of violating a provision of this section shall, upon conviction thereof, be guilty of a violation which is punishable as follows:
(a) 
For a first conviction, by a fine of not less than $75 nor more than $100.
(b) 
For a second conviction within one year, by a fine of not less than $100 nor more than $125.
(c) 
For a third conviction within one year, by a fine of not less than $125 nor more than $250.
(d) 
For a fourth conviction within one year, by a fine of not less than $500 nor more than $1,000.
[Amended 2-26-1996 by L.L. No. 1-1996]
Violation of any provision of this chapter shall be punishable by a fine of not less than $500 nor more than $1,000 for each offense unless a different penalty has been specified in this chapter.