NY State Senate Bill 2013-S4411

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to cities
Mar 26, 2013	referred to cities

2013-S4411 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §16-120, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2015-2016: S925
2017-2018: S1401

2013-S4411 (ACTIVE) - Summary

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.

2013-S4411 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4411

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to receptacles for the removal of waste material

PURPOSE OF THE BILL:

The purpose of the bill is to allow

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision c of section 16-120 of the
administrative code of the city of New York, to allow for the
placement of waste receptacles in front of a building or dwelling
after 5:00 pm on the day before the scheduled collection, or after
4:00 pm on the day before the scheduled collection from October
through April.

Section 2 of the bill amends subdivision f of section 16-120 of the
administrative code of the city of New York to allow for the issuance
of a warning letter for a first violation of the improper placement of
receptacles. Violations thereafter will be liable for a civil penalty
of $25-$100 for a second violation, $100-$200 for a third violation
within any 12 month period and $200-$300 for a fourth or subsequent
violation within any 12 month period.

Section 3 of the bill amends section 16-120 of the administrative code
of the city of New York by adding three new subdivisions j, k and I:

Section j will allow the department to grant a waiver to allow early
placement of garbage receptacles to residential property owners who
are 1) senior citizens 65 years of age or older or 2) owners who have
a disability or 3) owners with significant scheduling conflicts that
prevent placement during the times required by the law. In order to
qualify for the waiver, eligible property owners must provide the
department with written notification showing proof of age, disability
or scheduling conflicts and written statement that no,one living in
the home is capable of placing receptacles during time required by
law. The department with then investigate the waiver application and
notify the resident within thirty days. If a waiver is granted the
property owner will be able to place the waste receptacle no earlier
than 12 hours prior to time for collection.

Section k will require the department prior to the effective date of
the law to issue written notification about these changes in the law
to all property owners in the city.

Section l will create an affirmative defense to violations of section
f of the law if the person was granted an early placement waiver.

Section 4 of the bill sets forth an effective date of 180 days after
it shall become law.

JUSTIFICATION:

Pursuant to city law, the New York City Department of Sanitation (DOS)
has issued hundreds of "notices of violation" to property owners who


place their waste receptacles in front of the properties on days prior
to their scheduled collection. While there was some attempt on the
part of DOS to allow property owners to place their receptacles out on
the day prior to collection after 4pm or 5pm, this policy was not
adequately communicated to property owners and has resulted in the
intermittent and unfair implementation of this policy costing property
owners hundreds of dollars in fines.

This law will clarify and codify the DOS policy on early placement of
receptacles and specifically require proper notification to property
owners so there is no confusion as to the requirements of the law. It
will also allow for an early placement waiver to eligible residential
property owners who are either over 65 years of age, disabled or have
significant scheduling conflicts that make it difficult for them to
comply with the requirements of the law. The law will also create an
affirmative defense to a violation of the law to those residential
property owners who have been granted an early placement waiver.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act would take effect immediately

2013-S4411 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4411

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

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:

  Section 1. Subdivision c of section 16-120 of the administrative  code
of the city of New York, as amended by local law number 6 of the city of
New York for the year 2006, is amended to read as follows:
  c.  Incinerator,  residue,  ashes,  refuse  and  liquid waste shall be
stored in the building or dwelling or at the rear  of  the  building  or
dwelling  as  may  be  required  by  the department of health and mental
hygiene or the department of housing preservation and development  until
[time for removal] 5:00 P.M. THE DAY BEFORE THE SCHEDULED COLLECTION, OR
UNTIL  4:00  P.M.  THE  DAY BEFORE THE SCHEDULED COLLECTION FROM OCTOBER
THROUGH APRIL and kept in tightly covered metal receptacles or  contain-
ers  made  of  other  materials  of  a  type and grade acceptable to the
department, department of health and mental hygiene, and the  department
of  housing  preservation  and development. After the contents have been
removed by the department or other  collection  agency  any  receptacles
remaining  shall  be  removed from the front of the building or dwelling
before 9:00 p.m. on the day of collection, or if such collection  occurs
after  4:00 p.m., then before 9:00 a.m. on the day following collection.
The receptacles shall at all times be kept covered or closed and kept in
a manner satisfactory to the department, the department  of  health  and
mental  hygiene, and in the case of residential premises, the department
of housing preservation and development. No receptacles, refuse,  incin-
erator residue or ashes, or liquid waste shall be kept so as to create a
nuisance. Yard sweepings, hedge cuttings, grass, leaves, earth, stone or
bricks shall not be mixed with household wastes.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09568-01-3

S. 4411                             2

  S 2. Subdivision f of section 16-120 of the administrative code of the
city  of  New York, as amended by local law number 42 of the city of New
York for the year 2007, is amended to read as follows:
  f.  Any person violating the provisions of this section, except subdi-
vision e, SHALL BE GIVEN A WARNING LETTER FOR THE FIRST  VIOLATION,  AND
shall  be  liable  for  a civil penalty of not less than twenty-five nor
more than one hundred dollars for the [first] SECOND violation, not less
than one hundred dollars  nor  more  than  two  hundred  dollars  for  a
[second]  THIRD  violation  within any twelve-month period, and not less
than two hundred dollars nor more  than  three  hundred  dollars  for  a
[third]  FOURTH  or  subsequent violation [with] WITHIN any twelve-month
period. Any person violating the provisions of  subdivision  e  of  this
section shall be liable for a civil penalty of not less than one hundred
dollars nor more than three hundred dollars for the first violation, not
less  than  two  hundred fifty dollars nor more than three hundred fifty
dollars for a second violation within any twelve-month period,  and  not
less than three hundred fifty dollars nor more than four hundred dollars
for a third or subsequent violation within any twelve month period.
  S 3. Section 16-120 of the administrative code of the city of New York
is  amended  by  adding  three  new  subdivisions  j, k and l to read as
follows:
  J. THE DEPARTMENT MAY GRANT A  WAVIER  TO  ALLOW  EARLY  PLACEMENT  OF
GARBAGE  RECEPTACLES TO RESIDENTIAL PROPERTY OWNERS WHO ARE SENIOR CITI-
ZENS OF SIXTY-FIVE YEARS OF AGE OR  OLDER,  OR  HAVE  A  DISABILITY,  OR
SIGNIFICANT  SCHEDULING  CONFLICTS  THAT  PREVENT  SUCH INDIVIDUALS FROM
PLACING THE REFUSE RECEPTACLE BEFORE THE TIME REQUIRED IN SUBDIVISION  C
OF THIS SECTION. IN ORDER TO QUALIFY FOR THE WAIVER, SUCH ELIGIBLE PROP-
ERTY  OWNERS MUST PROVIDE THE DEPARTMENT WITH WRITTEN NOTIFICATION SHOW-
ING PROOF OF AGE, DISABILITY OR SCHEDULING CONFLICTS AND WRITTEN  STATE-
MENT THAT NO ONE LIVING IN THE HOME IS CAPABLE OF PLACING THE RECEPTACLE
BEFORE  THE TIME REQUIRED IN SUBDIVISION C OF THIS SECTION.  THE DEPART-
MENT MUST INVESTIGATE THE VALIDITY OF THE REQUEST AND NOTIFY  THE  RESI-
DENT  AS  TO THEIR DECISION WITHIN THIRTY DAYS. IF THE DEPARTMENT GRANTS
THE WAIVER, SUCH PROPERTY OWNER WILL  BE ALLOWED TO PLACE THE RECEPTACLE
FOR PICK-UP NO EARLIER THAN TWELVE HOURS PRIOR TO THE  TIME  ALLOWED  IN
SUBDIVISION C OF THIS SECTION.
  K.  PRIOR  TO  THE  EFFECTIVE DATE OF THIS SUBDIVISION, THE DEPARTMENT
SHALL PROVIDE ALL PROPERTY OWNERS OF THE CITY WITH A  WRITTEN  NOTIFICA-
TION ABOUT ANY AMENDMENTS TO THE PROVISIONS OF THIS SECTION.
  L.  IT  SHALL BE AN AFFIRMATIVE DEFENSE TO VIOLATIONS OF SUBDIVISION F
OF THIS SECTION IF THE PERSON WAS GRANTED EARLY PLACEMENT WAIVER BY  THE
DEPARTMENT PURSUANT TO SUBDIVISION J OF THIS SECTION.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S4411

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

2013-S4411 (ACTIVE) - Details

2013-S4411 (ACTIVE) - Summary

2013-S4411 (ACTIVE) - Sponsor Memo

2013-S4411 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4411

Share this bill

Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Cities Committee

2013-S4411 (ACTIVE) - Details

2013-S4411 (ACTIVE) - Summary

2013-S4411 (ACTIVE) - Sponsor Memo

2013-S4411 (ACTIVE) - Bill Text download pdf

Comments