Bill Text: NY S00925 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to receptacles for the removal of waste material in the city of New York; requires the department of sanitation to notify property owners in writing regarding this change of law; requires a warning notice be given to any person who violates this law for the first time; and allows consideration for early placement of garbage for senior citizens, persons with disabilities and residents with significant scheduling conflicts upon notification to the department of sanitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CITIES [S00925 Detail]
Download: New_York-2015-S00925-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 925 2015-2016 Regular Sessions I N S E N A T E January 7, 2015 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to receptacles for the removal of waste material THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision c of section 16-120 of the administrative code 2 of the city of New York, as amended by local law number 6 of the city of 3 New York for the year 2006, is amended to read as follows: 4 c. Incinerator, residue, ashes, refuse and liquid waste shall be 5 stored in the building or dwelling or at the rear of the building or 6 dwelling as may be required by the department of health and mental 7 hygiene or the department of housing preservation and development until 8 [time for removal] 5:00 P.M. THE DAY BEFORE THE SCHEDULED COLLECTION, OR 9 UNTIL 4:00 P.M. THE DAY BEFORE THE SCHEDULED COLLECTION FROM OCTOBER 10 THROUGH APRIL and kept in tightly covered metal receptacles or contain- 11 ers made of other materials of a type and grade acceptable to the 12 department, department of health and mental hygiene, and the department 13 of housing preservation and development. After the contents have been 14 removed by the department or other collection agency any receptacles 15 remaining shall be removed from the front of the building or dwelling 16 before 9:00 p.m. on the day of collection, or if such collection occurs 17 after 4:00 p.m., then before 9:00 a.m. on the day following collection. 18 The receptacles shall at all times be kept covered or closed and kept in 19 a manner satisfactory to the department, the department of health and 20 mental hygiene, and in the case of residential premises, the department 21 of housing preservation and development. No receptacles, refuse, incin- 22 erator residue or ashes, or liquid waste shall be kept so as to create a 23 nuisance. Yard sweepings, hedge cuttings, grass, leaves, earth, stone or 24 bricks shall not be mixed with household wastes. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01958-01-5 S. 925 2 1 S 2. Subdivision f of section 16-120 of the administrative code of the 2 city of New York, as amended by local law number 42 of the city of New 3 York for the year 2007, is amended to read as follows: 4 f. Any person violating the provisions of this section, except subdi- 5 vision e, SHALL BE GIVEN A WARNING LETTER FOR THE FIRST VIOLATION, AND 6 shall be liable for a civil penalty of not less than twenty-five nor 7 more than one hundred dollars for the [first] SECOND violation, not less 8 than one hundred dollars nor more than two hundred dollars for a 9 [second] THIRD violation within any twelve-month period, and not less 10 than two hundred dollars nor more than three hundred dollars for a 11 [third] FOURTH or subsequent violation [with] WITHIN any twelve-month 12 period. Any person violating the provisions of subdivision e of this 13 section shall be liable for a civil penalty of not less than one hundred 14 dollars nor more than three hundred dollars for the first violation, not 15 less than two hundred fifty dollars nor more than three hundred fifty 16 dollars for a second violation within any twelve-month period, and not 17 less than three hundred fifty dollars nor more than four hundred dollars 18 for a third or subsequent violation within any twelve month period. 19 S 3. Section 16-120 of the administrative code of the city of New York 20 is amended by adding three new subdivisions j, k and l to read as 21 follows: 22 J. THE DEPARTMENT MAY GRANT A WAVIER TO ALLOW EARLY PLACEMENT OF 23 GARBAGE RECEPTACLES TO RESIDENTIAL PROPERTY OWNERS WHO ARE SENIOR CITI- 24 ZENS OF SIXTY-FIVE YEARS OF AGE OR OLDER, OR HAVE A DISABILITY, OR 25 SIGNIFICANT SCHEDULING CONFLICTS THAT PREVENT SUCH INDIVIDUALS FROM 26 PLACING THE REFUSE RECEPTACLE BEFORE THE TIME REQUIRED IN SUBDIVISION C 27 OF THIS SECTION. IN ORDER TO QUALIFY FOR THE WAIVER, SUCH ELIGIBLE PROP- 28 ERTY OWNERS MUST PROVIDE THE DEPARTMENT WITH WRITTEN NOTIFICATION SHOW- 29 ING PROOF OF AGE, DISABILITY OR SCHEDULING CONFLICTS AND WRITTEN STATE- 30 MENT THAT NO ONE LIVING IN THE HOME IS CAPABLE OF PLACING THE RECEPTACLE 31 BEFORE THE TIME REQUIRED IN SUBDIVISION C OF THIS SECTION. THE DEPART- 32 MENT MUST INVESTIGATE THE VALIDITY OF THE REQUEST AND NOTIFY THE RESI- 33 DENT AS TO THEIR DECISION WITHIN THIRTY DAYS. IF THE DEPARTMENT GRANTS 34 THE WAIVER, SUCH PROPERTY OWNER WILL BE ALLOWED TO PLACE THE RECEPTACLE 35 FOR PICK-UP NO EARLIER THAN TWELVE HOURS PRIOR TO THE TIME ALLOWED IN 36 SUBDIVISION C OF THIS SECTION. 37 K. PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION, THE DEPARTMENT 38 SHALL PROVIDE ALL PROPERTY OWNERS OF THE CITY WITH A WRITTEN NOTIFICA- 39 TION ABOUT ANY AMENDMENTS TO THE PROVISIONS OF THIS SECTION. 40 L. IT SHALL BE AN AFFIRMATIVE DEFENSE TO VIOLATIONS OF SUBDIVISION F 41 OF THIS SECTION IF THE PERSON WAS GRANTED EARLY PLACEMENT WAIVER BY THE 42 DEPARTMENT PURSUANT TO SUBDIVISION J OF THIS SECTION. 43 S 4. This act shall take effect on the one hundred eightieth day after 44 it shall have become a law.