[Adopted 2-21-2017 by Ord. No. 17-2[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Collection and Storage of Rubbish and Refuse, adopted as Ch. 33, Art. 33/II, of the 1976 Code, as amended.
A. 
All refuse, rubbish and garbage which are placed on public property for collection purposes shall become the property of the City of Chicopee.
B. 
No person, except an individual acting within the course and scope of his or her agency or employment with the City of Chicopee, or private collector licensed by the City of Chicopee, shall remove from any place or premises in the City, or transport over public streets, any refuse, rubbish and garbage placed within a barrel, bag or other container.
C. 
No person shall enter onto private property for the purpose of collecting or inspecting rubbish, garbage, or recyclables, except the owner, occupant, manager, person in control of the premises, or a person employed to do so by the City of Chicopee or private collector licensed by the City of Chicopee who is then acting within the course and scope of his or her agency or employment.
D. 
The provisions of this section shall not prohibit:
(1) 
Any person from gathering and removing refuse or cuttings generated by construction, landscaping or gardening on the property when the refuse and cuttings have not been set out for collection by the City of Chicopee or a private collector licensed by the City of Chicopee.
(2) 
Any person from removing rubbish or garbage generated on property owned or controlled by that person.
(3) 
The immediate removal by any person of rubbish or garbage which the Health Department, Police Chief, Fire Chief, Building Commissioner or their agents have determined to constitute a nuisance or an immediate threat to the public health, safety and welfare.
(4) 
Any nonprofit organization from collecting recyclables in any manner which does not conflict with this section or any other provision of this Code.
(5) 
Any person from gathering or removing refuse not contained within a barrel, bag or other container. Any such person shall file with the Superintendent of Public Works his or her name, address, contact telephone number, vehicle description and vehicle registration number.
E. 
Notwithstanding other specific provisions of Chapter 169, violations of Article I and Article II are enforceable by the Chicopee Police Department, Chicopee Building Department, Chicopee Health Department or the Superintendent of Public Works or any of their designee(s). Any person or entity who fails to comply with any portion of this article shall be fined $25 per day. A person or entity commits a separate offense for each and every day a violation continues.
The following rules and regulations shall govern the municipal collection of garbage, ashes and rubbish. When collection has been refused because of noncompliance with these regulations, no obligation shall remain with the City of furnish collection again until the next regular period. Furthermore, any fire hazard which becomes evident from such a refusal shall be reported to the proper authorities by the Superintendent of Public Works.
A. 
Municipal collection schedule.
(1) 
The collection of garbage, ashes and rubbish is to be made at least once a week from each structure, building, dwelling or trailer where housing accommodations exist except as noted in § 169-4, Limitations of sanitation service. For the purpose of this subsection, a week shall be interpreted as starting in the a.m. on Sunday and ending on the following Saturday in the p.m.
(2) 
Every structure, building, dwelling or trailer where housing accommodations exist as noted in Subsection A(1) shall be made part of a zone and shall be assigned a regular day of the week (Zone 1 — Monday, Zone 2 — Tuesday, Zone 3 — Wednesday, Zone 4 — Thursday or Zone 5 — Friday) for pickup. Collection of garbage, ashes or rubbish shall be on the regular day except in weeks where holidays prohibit such collection and in those instances shall be on the next following day. If a holiday falls on a Monday, Zone 1 shall be picked up on the next day (Tuesday), and each other zone shall be moved forward one day (Zone 2 — Wednesday, Zone 3 — Thursday, Zone 4 — Friday, Zone 5 — Saturday). If a holiday falls on a collection day other than Monday, the zone for that day shall be picked up on the next day, and each subsequent zone shall be moved forward one day. For instance, if a holiday occurs on Wednesday, Zone 1 shall be picked up on Monday, Zone 2 on Tuesday, Zone 3 on Thursday, Zone 4 on Friday and Zone 5 on Saturday.
(3) 
Each holiday is to be corrected for within the week in which it occurs, and every week in which there is not a holiday shall have collection on the regularly assigned day. During the course of the year, garbage, ashes and rubbish shall be collected from every structure where housing accommodations exist as noted in Subsection A(1) at least once a week.
(4) 
The Superintendent of Public Works may petition the City Council for specific exemptions from daily trash and/or recycling pickup. A positive vote of 2/3 of the City Council shall be required to grant such petition. Upon being granted such petition, the Superintendent of Public Works shall publish notice of such exemption at least one week before the date of the proposed canceled pickup.
(5) 
In an emergency situation caused by weather or other unforeseen circumstance, the Mayor or his/her designee, who may be the Superintendent of Public Works, may exempt daily trash and/or recycling pickup. Upon such emergency exemption, the Superintendent of Public Works or his/her designee shall announce the exemption through local media outlets.
B. 
All ashes, garbage, paper or rubbish shall be delivered to the curb for pickup per § 169-10.
C. 
Sidewalks shall be kept free from obstruction and cleared of snow to the curbline.
D. 
City collection employees will not enter onto private property to make collections.
E. 
No one shall obstruct any contractor or employee of the Department of Public Works in the performance of his duties.
The following rules and regulations shall govern the preparation of all refuse and household waste for collection. The Department of Public Works will not pick up any refuse or household waste which fails to comply with these rules and regulations.
A. 
Approved standard legal container for garbage and rubbish shall be the thirty-five-gallon City-provided toter and shall not weigh more than 75 pounds when filled. The cover on the toter must be reasonably closed for pickup to occur. "Snow-coning" of garbage and rubbish in a toter is prohibited. The City shall empty one thirty-five-gallon City-provided toter per pickup location per week. Weekly garbage and rubbish which will not fit into the City-provided thirty-five-gallon toter must be placed in approved overflow bags and set out next to the toter. Any and all garbage and/or rubbish not contained within a City-provided toter or approved overflow bag will not be picked up by the City and shall be removed by the property owner.
B. 
Garbage and rubbish shall be prepared for collection by being drained of all water and liquids.
C. 
Cardboard boxes and cartons shall be knocked down, flattened or collapsed. If the accumulation of cardboard is such that it cannot be placed inside the recycling toter, it shall be securely tied in bundles of not over 50 pounds and stacked next to the recycling toter.
D. 
All paper shall be protected from the weather and placed in the recycling toter.
E. 
Bulky waste, such as discarded furniture, mattresses, large electronics, tires, carpeting, and large appliances may be picked up curbside through the City's residential Curbside Bulk Pickup Program. Construction/demolition debris, commercial bulk waste, and hazardous waste will not be picked up curbside and are the responsibility of the property owner for disposal. Property owner may also dispose of bulk items privately at local transfer stations and recycling venues.
[Amended 4-4-2023 by Ord. No. 23-9]
F. 
Yard waste must be placed at the curb in an accessible location separate from garbage, rubbish, and recyclables in accordance with the City's yard waste pickup schedule. Grass, leaves, garden clippings and small twigs must be placed in a standard legal container for yard waste: paper lawn/leaf bags, small cardboard boxes or a thirty-two-gallon legal container. Small branches three-inch diameter or less) should be tied in bundles of four feet or less. All yard waste should be kept dry and protected from the weather prior to collection. The weight of any bag, box, barrel or bundle shall not exceed 75 pounds.
G. 
Restricted materials; hazardous wastes.
(1) 
Hazardous waste, as determined in conjunction with state and federal regulations, will not be collected by the City of Chicopee at curbside. Such material must be disposed of as required by federal, state and local law.
(2) 
No person shall place any material at curbside which is listed as a restricted material in the state regulations on waste control (310 CMR 19.017) or is inconsistent with the City's disposal policy and contract provisions. Materials banned from curbside collection include, but are not limited to, batteries, tires, white goods (i.e., stoves, refrigerators, hot-water heaters), televisions and computers (i.e., monitors, hardware, keyboards), video games, fluorescent lamps, electronic ballasts and medical waste.
No owner or occupant shall cause any service, facility, equipment or utility to be removed from or shut off from any occupied dwelling, except for such temporary period as may be necessary during actual repairs or alterations and where reasonable notice of curtailment of service is given to the occupant or during temporary emergencies when curtailment of service is approved by the Board of Health. If any such service or facility becomes curtailed, that person shall take immediate steps to cause its restoration.
The Superintendent of Public Works, Chicopee Police Department, Chicopee Building Department, Chicopee Health Department or any of their designee(s) shall enforce the provisions of Chapter 169 and have the authority to issue citations wherein violations of this chapter will be subject to fines that will be determined and approved from time to time by the Mayor and the City Council. Any person or entity who fails to comply with any portion of this article shall be fined $25 per day. A person or entity commits a separate offense for each and every day a violation continues.