[HISTORY: Adopted by the Common Council of the City of Hudson as
indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-1988 by Res.
No. 8 of 12-20-1988 (Ch. 99, Art. I, of the 1973 Code)]
The City of Hudson, commencing December 27, 1988, requires that all
solid waste placed for disposal in accordance with the provisions of the Code
of the City of Hudson shall be placed in plastic bags not exceeding 30 gallons
in size or 30 pounds in weight, which said bags shall have affixed an appropriate
sticker of the City of Hudson evidencing the payment of a user fee per bag
of solid waste to be collected, as established by the Common Council.[2]
A.
The Superintendent of Public Works may issue such rules
and regulations as are appropriate and necessary to implement the intent of
this article and to cause the City of Hudson to be in compliance with the
requirements of the Columbia County solid waste disposal system.
B.
The Superintendent of Public Works may establish such
rules and regulations with respect to the collection of solid wastes, including
the refusal of the City of Hudson to collect solid wastes placed for collection
without the appropriate stickers affixed to the bags.
C.
The Mayor of the City of Hudson and the Superintendent
of Public Works are authorized and directed to take all steps reasonable and
necessary to implement the intent of this article, to cause the sale of the
solid waste stickers and to comply with the requirements of the Columbia County
solid waste disposal system.
[Adopted 1-9-1989 by L.L.
No. 1-1989 (Ch. 99, Art. II, of the 1973 Code)]
For the purposes of this article, the following terms shall have the
meanings stated in this section:
Pure aluminum in any form, including but not limited to cans, cooking
utensils, aluminum foil and lawn furniture.
The container to be used for placement of recyclable materials for
collection by the Department. "Blue box" shall refer to the container available
from the City of Hudson, as well as any other container approved for such
use by regulation of the Superintendent.
Tree branches not exceeding two inches in diameter, twigs and shrub
and hedge clippings.
Large items and materials, including furniture, (other than aluminum)
yard furniture, house furnishings and large appliances, such as refrigerators,
stoves, washing machines and clothes dryers, and automobile or other motor
vehicle tires.
Grass, leaves and waste plant and dirt materials from vegetable and
flower gardens, lawns and yards; and brush.
Cardboard shipping containers.
The Department of Public Works.
Waste generated by any industrial process or operation.
Newsprint. It does not include glossy magazines or materials.
One or more individuals; any partnership, corporation, firm, association,
trust, estate or governmental entity; and any other entity whatsoever.
Clear (flint), green and brown glass bottles, jugs and jars; aluminum,
copper, stainless steel and brass; newspapers; corrugated cardboard; tin cans;
and high-density polyethylene (HDPE) containers such as those used for milk,
oil, detergents, apple cider, etc. "Recyclable materials" does not include
plate glass, broken glass, window glass or any other type of glass not specified
in this definition or recyclable materials unsuitable for recycling because
of secondary household use.
The rubbish, recyclable materials and collectible yard wastes resulting
from the normal, day-to-day operation of a household or business; refuse may
be generated by a household, a business establishment or a public or quasi-public
facility. Refuse does not include rubble, bulk items, industrial waste or
any other material not covered under this definition.
Food wastes, including but not limited to table cleanings; fruit,
vegetable and animal parings and scraps; decaying or spoiled vegetable, animal
and fruit matter; fallen fruit; any paper, plastic, cardboard or other material
used to wrap, cover or contain food, other than certain HDPE or glass containers
defined in this section as "recyclable materials," and any other household
waste resulting from the use, consumption and preparation of food; metal (other
than pure aluminum, copper, stainless steel or brass); and miscellaneous waste
materials, including rags, drugs, health aids and materials, sweeping, excelsior,
rubber, leather, cloth, clothing, magazines, paper (other than newspapers),
waste materials from normal maintenance and repair activities, pasteboard,
crockery, shells, dirt, filth, ashes, wood, glass (other than certain glass
bottles, jugs and jars defined in this section as "recyclable wastes"), brick
and any other similar waste materials. Rubbish does not include recyclable
materials, bulk items, rubble or any other material not covered under this
definition.
Waste material typically resulting from construction, demolition
and major renovation activities, including but not limited to waste cement,
concrete, masonry, bricks, tiles, sheetrock, plaster, shingles, lumber, telephone
poles, railroad ties, wooden pallets, doors and door frames, windows and window
frames and any similar materials.
The Superintendent of Public Works.
A.
The Department shall be responsible for collecting on
a regular basis only those waste materials that constitute refuse.
B.
The Department shall also be responsible for collecting
any additional waste materials that the Superintendent may announce will be
collected on particular days or during particular time periods. These additional
waste materials may include, for example, bulk items, trees, tree stumps and
large branches. The Department shall be responsible for collecting any such
additional waste materials only on the days or during the time periods announced
by the Superintendent.
C.
The Department shall not be responsible for collecting
any waste materials that have been placed or prepared in ways that do not
comply with all the provisions of this article. In particular, the Department
shall not be responsible for collecting waste materials consisting of recyclable
and nonrecyclable materials mixed together or recyclable materials which have
not been placed or prepared in accord with this article.
A.
No person shall place any waste materials at or near
any curb, sidewalk, alley or street for purposes of collection by the Department
other than the following:
B.
No person shall place any rubbish at or near any curb,
sidewalk or street for purposes of collection by the Department unless that
person complies with the following requirements:
(1)
Each person shall provide and utilize disposable plastic
bags for disposal of rubbish. Any such bag shall be at least 1.5 mils thick
and sufficiently strong to contain the materials enclosed. When filled, each
such bag shall be securely tied and weigh no more than 30 pounds.
(2)
Each person may utilize separate containers for disposal
of bagged rubbish. Any such container shall be made of metal, plastic or other
suitable material, shall have tightfitting covers, shall have handles on the
top and sides and shall be shaped so that all materials flow freely when the
container is dumped. No such container shall exceed 32 gallons in capacity,
and, when filled, no such container shall weigh more than 30 pounds.
(3)
Each bag of rubbish placed for collection shall be free
of recyclable materials and other materials not covered under the definition
of rubbish.
C.
No person shall place any collectible yard wastes at
or near any curb, sidewalk or street for purposes of collection by the Department
unless that person complies with the following requirements:
(1)
For purposes of disposing of collectible yard waste other than brush, each person shall provide and utilize plastic bags that meet the requirements of Subsection B(1) of this section.
(2)
Each person shall securely tie brush in bundles, with
no individual bundle exceeding 48 inches in length or 30 pounds in weight.
No person shall put out more than two such bundles of brush for any one collection
by the Department.
D.
No person shall place any recyclable materials at or
near any curb, sidewalk or street for purposes of collection by the Department
unless that person satisfies the following requirements:
(1)
Recyclable materials shall be placed separately from
other refuse placed for collection by the Department.
(2)
Newspapers.
(a)
Newspapers shall be piled and securely tied in bundles,
with no individual bundle weighing more than 30 pounds, or newspapers shall
be placed in paper bags strong enough to contain them.
(b)
Newspapers shall not contain magazines, glossy advertising
material frequently inserted in newspapers or any other waste type of paper.
(c)
Newspapers shall be kept dry by appropriate means until
they are collected by the Department.
(3)
Glass, tin cans and HDPE containers.
(a)
Glass bottles, jugs and jars shall be rinsed of original
contents and shall have all neck rings, foil or other metal removed. Paper
labels may be left on bottles, jugs and jars.
(b)
Tin cans, and HDPE containers shall be rinsed of original
contents and flattened. Paper labels may be left on such containers.
(c)
Recyclable glass, tin cans and HDPE containers shall
be placed in one or more blue boxes.
(4)
All recyclable aluminum, copper, stainless steel and
brass shall be pure and clean. Items consisting of mixed or composite metals
are not recyclable. Any fabric on lawn furniture shall be removed before the
aluminum is placed for recycling. Recyclable metals shall be placed in one
or more blue boxes for collection.
(6)
Newspaper and corrugated cardboard shall not be mixed
together and shall be placed adjacent to or on top of the blue box for collection.
(7)
Glass, tin cans, HDPE containers, aluminum and other
recyclable metals may be placed, unsorted, in one or more blue boxes for collection.
(8)
No materials other than recyclable materials prepared
in accordance with this section shall be placed in a blue box for collection.
E.
When the Superintendent has announced that waste materials
other than refuse will be collected on particular days or during particular
periods, any person placing such waste materials at or near any curb, sidewalk
or street for purposes of collection by the Department shall comply with the
following.
(1)
The waste material shall be of the type announced by
the Superintendent.
(2)
The waste material shall be placed for collection at
the times specified by the Superintendent.
(3)
The waste materials shall be collected, bound, contained,
placed or otherwise treated in the manner specified by the Superintendent.
F.
Refuse, as well as any other waste material that the
Superintendent announces will be collected, shall be placed for collection
by the Department at or near a curb, sidewalk, alley or street after 7:00
p.m. on the day before that designated for collection. There will be no call-backs
to collect refuse or any other wastes that are placed for collection after
7:30 a.m. on the designated collection day.
G.
No person shall place any waste material at or near any
curb, sidewalk, alley or street other than the curb, sidewalk, alley or street
immediately in front of or to the rear of the property from which such waste
material was generated.
H.
The placement of any waste material at or near any curb,
sidewalk, alley or street, other than in compliance with the provisions of
this section shall constitute a violation of this article.
All empty refuse containers and any other empty waste containers shall
be removed from the curb, sidewalk, alley or street where they have been placed
as soon as possible after collection by the Department and, in any event,
no later than 6:00 p.m. on the same day as collection. Empty refuse containers
or other empty waste containers remaining at or near the curb, sidewalk or
street on the day after collection may be picked up and disposed of by the
Department.
Where the Department has not collected certain refuse and/or waste material
because those materials were not placed or prepared in accord with the provisions
of this article, the person who placed such material for collection or the
owner of the real property adjoining the curb, sidewalk, street or alley where
such waste materials were placed shall remove those wastes from the location
as soon as possible after the Department has refused collection and, in any
event, by 6:00 p.m. of the designated collection day. The failure to remove
any uncollected waste material by 6:00 p.m. of the designated collection day
shall constitute a violation of this article.
A.
Whenever a person places refuse or other waste material at or near a curb, sidewalk, alley or street for collection by the Department without complying with all the provisions of this article or fails to comply with § 260-7, the Department may do either of the following:
(1)
The Department may choose not to collect the refuse or
other waste material. In such a case the Department shall affix a notice to
the waste material which gives the reason why the Department did not collect
that material. The Department may also notify the property owner of the property
from which such uncollected waste material was generated why the Department
did not collect that material. That notice shall be either verbal or written
as the Department determines is appropriate and shall be provided as soon
as feasible after the Department refuses to collect that material; or
(2)
The Department may collect the refuse or other waste
material notwithstanding the fact that it does not comply with the provisions
of this article. In such cases, effective March 1, 1989, the Department shall
assess a special service charge against the owner of the property from which
such waste material was generated. Such special service charge shall be in
the amount of $15, plus $5 for each bag of waste material removed by the Department.
Special service charges shall be accumulated and shall be billed quarterly
with the water and sewer bills of the City of Hudson. Any person subject to
such charges may request a hearing within 15 days after the date of the bill
for such charges. All hearings shall be on a date and time and at a place
determined by the Superintendent. The hearing shall be informal and held before
the Superintendent or his designee. The decision of the Superintendent shall
be final. Any service charges not paid by the due date or within 30 days after
the Superintendent's decision shall become a lien upon the real property,
superior to any other lien or claim, except the lien of an existing tax assessment
or charge imposed by the City of Hudson.
B.
Whenever refuse or other waste material has been placed for collection by the Department after 7:30 a.m. on the day of collection, the Department may, in its own discretion, determine to respond positively or negatively to a request by the property owner of the property from which such waste was generated that the Department return to such property and collect that waste material. When the Department agrees to return to the property and collect that material, it shall assess a special service charge against that property owner in accord with Subsection A(2) of this section.
From the time any person places any properly prepared recyclable materials
at or near any curb, sidewalk, alley or street for purposes of collection
by the Department, those recyclable materials shall become and be the property
of the City of Hudson or its authorized agent. No person who is not acting
under authority of the City or its authorized agent shall collect, pick up,
remove or cause to be collected, picked up or removed any recyclable materials
so placed for collection. Each such unauthorized collection, pickup or removal
shall constitute a separate violation of this article.
Nothing in this article shall be deemed to prevent any person from entering
into a contractual agreement with a private waste hauler for the removal of
refuse and other waste materials generated by that person or at property owned
by that person.
The Superintendent is authorized to establish an appropriate mechanism
for selling or facilitating the sale or distribution of blue boxes for recyclable
materials.
The Superintendent shall have the authority to adopt whatever regulations
are consistent with this article and to continue to enforce any existing regulations
that are consistent with this article.
The Common Council of the City of Hudson may, by resolution, impose
fees for the collection of any refuse (other than recyclable materials), rubble,
bulk items or industrial waste. After any such fees are imposed, the manner
of implementation and collection shall be by regulation of the Superintendent
not inconsistent with the terms of the resolution imposing such fees.
A.
Any person who commits a violation of this article shall
be punished as follows: by imprisonment for a term not exceeding 15 days or
by a fine not exceeding $250, or by both such fine and imprisonment.
B.
Each commission of a single act shall constitute a separate
violation of this article, and each day of such violation shall constitute
a separate offense, which may be punished and prosecuted as such.
