What's happening
This bill changes New York City garbage placement rules, introduces first-offense warnings, and creates waivers for seniors, disabled, or those with scheduling conflicts.
Why it matters
Implements more precise timing for setting out trash. By specifying exact hours (5:00 p.m., or 4:00 p.m. during colder months), the bill aims to reduce the amount of time garbage sits on sidewalks, potentially improving street cleanliness and reducing rodent or pest issues.
Introduces a first-offense warning system. Instead of immediately fining residents for a first violation, the law requires a warning letter, making enforcement less punitive for accidental or first-time offenders and giving people a chance to comply before facing financial penalties.
Creates waivers for vulnerable or challenged residents. Senior citizens, individuals with disabilities, or those with significant scheduling conflicts can apply for a waiver to put out trash earlier, provided they demonstrate need—helping to avoid unfair penalties for those unable to comply with standard timing.
Mandates notification of rule changes. The bill requires the city to provide written notice about these new rules to all property owners, aiming to ensure that residents are informed and can comply, potentially leading to higher compliance rates and fewer inadvertent violations.
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Who cares
Headline styles
Change Garbage Bin Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1401
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
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 Assembly, 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 containers 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, incinerator 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.
LBD00676-01-7
S. 1401 2
§ 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 subdivision 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.
§ 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 citizens 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 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 the receptacle before the time required in subdivision c of this section. The department must investigate the validity of the request and notify the resident 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 notification 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.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 9:00 pm on the day before the scheduled collection from October through April.
Read the full memo (662 words)
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 l:
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
2015-16: S.925 2013-14: S.4411
Fiscal implications for state and local governments
None.
Effective date
This act would take effect the 180th day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.