[Adopted 6-22-1960 as Ch. 49 of the General Ordinances, approved 6-23-1960]
As used in this article, the following terms shall have the
meanings indicated:
Offal and all and every kind of refuse from the trimming
of meats, fish and fowl in retail markets, fish markets and butcher
shops.
The Commissioner of Public Works of the City of Mount Vernon,
New York.
Every refuse accumulation of animal, fruit or vegetable matter,
except commercial meat wastes, that attends the preparation, use,
cooking, dealing in or storing of meat, fish, fowl, fruits, vegetables
or baked goods.
Discarded combustible and noncombustible waste material and refuse of every character accumulated within the City, except garbage, trade waste, commercial meat wastes and offensive materials as defined in § 1 of Article X of the Sanitary Code of the City of Mount Vernon, New York, and includes but is not limited to ashes or the residue from burning wood, coal, coke and other combustible materials of every description, house dirt, trash, newspapers, papers, cartons, rags, boxes, wood, rubber, leather, tree branches, yard trimmings, dry leaves, tin cans, metals, mineral matter, bottles, glass, crockery and dust.
Any refuse from the manufacture, processing, assembling or
repair of any kind of goods, wares or merchandise and any such manufactured,
processed, assembled or repaired goods, wares or merchandise which
has been discarded by the person, firm or corporation manufacturing,
processing, assembling or repairing same or who is engaged in the
sale of any manufactured, processed, assembled or repaired goods,
wares or merchandise, but such term does not include commercial meat
wastes, as defined herein.
A.Â
Every owner of a building or part of a building shall provide receptacles
for garbage and for light refuse and rubbish in sufficient quantities
to accommodate such owner and the tenants occupying such building
or part of a building, except any tenant required by agreement in
writing with the owner to provide his, her or its own receptacle,
in which case such tenant shall provide the same.
[Amended 2-8-1995, approved 2-9-1995]
B.Â
Each such receptacle shall be watertight and made of suitable plastic
or metal, equipped with adequate handles for lifting purposes and
with a suitable plastic or metal lid or cover and shall have a capacity
not in excess of 35 gallons or two yards.
[Amended 10-14-2020, approved 10-14-2020]
C.Â
Ashes, bottles, glass, stone, bricks, plaster or other building construction,
alteration or repair nonburnable refuse, yard sweepings, hedge cuttings,
grass, leaves, earth and other nonburnable refuse shall not be mixed
with or deposited in the same receptacle with garbage and other burnable
refuse but shall be separated therefrom and placed in separate receptacles.
No receptacle shall be filled to a level higher than four inches below
the top thereof, and every such receptacle shall at all times when
containing refuse material be kept covered with a tight-fitting metal
lid or cover. Every such receptacle shall at all times be kept in
a condition satisfactory to the Commissioner.
D.Â
Such receptacles shall be kept within the building or in the rear
of the premises connected therewith until the time for removal, when
such receptacles shall be placed on the outer edge of the sidewalk
at the curb in front of the building and there remain until the contents
thereof shall have been removed by the collector, immediately after
which such receptacles shall be returned by the owner thereof or his
or its agent or employee to the building or the rear of the premises
connected therewith.
E.Â
Rubbish which is of such a nature and size that it cannot be placed
in such a metal container shall be compactly bundled, covered and
securely tied in such manner as shall prevent scattering thereof by
animals, wind or weather.
F.Â
No such receptacle or bundle of rubbish shall be so placed as to
constitute or contribute to the creation of a nuisance.
G.Â
It shall be the duty of every owner or lessee of any and every building
or part thereof and of every tenant occupying housing accommodations
to place rubbish and garbage on the outer edge of the sidewalk in
front of such building only on those days assigned for rubbish removal
or pickup by the Commissioner of the Department of Public Works.
[Added 3-28-1979, approved 3-29-1979; amended 2-8-1995, approved 2-9-1995]
The Commissioner is hereby authorized to adopt and issue standard
rules regulating and governing the manner in which garbage, rubbish
and other refuse and waste shall be sorted, placed and removed, including
the time or times of day when the same will be collected. Every such
rule or regulation adopted pursuant to this section shall be filed
with the City Clerk of the City of Mount Vernon, New York, and shall
become effective 10 days after such filing. Nothing herein contained
shall be deemed to authorize the Commissioner to reduce the number
of garbage collections except during an emergency proclaimed by the
Mayor.
A.Â
Owners or occupants of buildings occupied by not more than three
families and used exclusively for dwelling purposes, desiring the
additional services of removal of receptacles containing ashes, garbage
or rubbish from a location on their premises other than the outer
edge of the sidewalk in front of such building and the return to said
location of the emptied receptacles, shall make written application
therefor to the City Clerk of the City of Mount Vernon, stating the
number of families in such dwelling and such other information as
the Commissioner may require.
B.Â
Such additional service shall be rendered by the Department of Public
Works only upon payment, in advance, to the City Clerk, of a service
charge or fee of $15 per calendar month for each family residing in
such dwelling house. Such payments shall be collectible semiannually
during the months of January and July.
[Amended 6-28-1978, approved 6-29-1978; 11-12-1980, approved 11-13-1980]
C.Â
Upon issuance of a receipt for said service charge, the City Clerk
shall promptly transmit a duplicate thereof to the Commissioner, who
shall promptly notify his sanitation foreman as to the persons entitled
to such additional services.
D.Â
All fees received by the City Clerk for this service shall be transmitted
by him at least once each month to the Comptroller of the City of
Mount Vernon.
E.Â
A safe and convenient way of access to the receptacles shall be provided
by the owner or occupant of such dwelling house.
In the event that any section, paragraph, clause or phrase of
this article shall be declared unconstitutional or invalid for any
reason, the remaining provisions of this article shall not be affected
thereby.
[Amended 2-9-2005; approved 2-10-2005; [Amended 10-14-2020, approved 10-14-2020]]
Any person who shall violate any of the provisions of this article
or rules promulgated by the Commissioner pursuant to this article
shall, on conviction thereof, be subject to a fine of not less than
$100 nor more than $1,000.
A.Â
Chapter 49 of the General Ordinances of the City of Mount Vernon,
New York, entitled "Garbage Collection: Additional Services," adopted
by the City Council of the City of Mount Vernon, New York, on January
22, 1958, is hereby repealed.
B.Â
All other ordinances or parts of ordinances in conflict with the
provisions of this article are hereby repealed.
This article shall take effect immediately.