New York City Council Header
File #: Int 0409-2014    Version: Name: Regulating publicly accessible collection bins.
Type: Introduction Status: Enacted
Committee: Committee on Sanitation and Solid Waste Management
On agenda: 7/24/2014
Enactment date: 12/14/2014 Law number: 2014/067
Title: A Local Law to amend the administrative code of the city of New York, in relation to regulating publicly accessible collection bins.
Sponsors: Melissa Mark-Viverito, Antonio Reynoso, Daniel Dromm , Vincent J. Gentile, Peter A. Koo, Carlos Menchaca, Rafael L. Espinal, Jr., David G. Greenfield, Mathieu Eugene, Corey D. Johnson, Mark Levine, I. Daneek Miller, Donovan J. Richards, Ritchie J. Torres, Paul A. Vallone, Jumaane D. Williams, Ydanis A. Rodriguez, Mark S. Weprin, Helen K. Rosenthal, Robert E. Cornegy, Jr., Andrew Cohen, Elizabeth S. Crowley, Ben Kallos, Stephen T. Levin, Margaret S. Chin, Costa G. Constantinides, Inez D. Barron, Ruben Wills, Vanessa L. Gibson, Brad S. Lander, Alan N. Maisel, James G. Van Bramer, Eric A. Ulrich, (in conjunction with the Mayor)
Council Member Sponsors: 34
Summary: Publically accessible collection bins for the collection of clothing (“collection bins”) that are illegally placed on public property are nuisances. They attract refuse and graffiti, and obstruct pedestrian traffic. Currently, the Department of Sanitation (“DSNY”) is authorized to remove any collection bin placed on City property 30 days after notice has been affixed to the collection bin. Recently, however, the number of collection bins on City property has greatly increased. Collection bin providers have learned they can simply move their collection bin to another location on City property before 30 days has elapsed. The bill would allow DSNY to immediately remove a collection bin placed on City property, or property maintained by the City, or on any public sidewalk or roadway. If the owner’s name and address are located on the collection bin, DSNY will provide notice to the owner that it has removed the bin and that the owner can claim such collection bin through procedures to be established by rule. The bill establishes civil penalties for collection bins placed on City property and for attaching or enclosing a bin on City property. An owner who seeks to reclaim a collection bin that has been removed by DSNY will be required to pay any penalties imposed and the costs of removal and storage. If the owner does not claim his or her collection bin within 30 days, the department can dispose of it. For bins on private property, both the owner of the bin and the owner of the property will be responsible for maintaining the bin in a clean and neat condition and for reporting the amount of material collected on a yearly basis to DSNY.
Attachments: 1. Summary of Int. No. 409-A, 2. Int. No. 409 - 7/24/14, 3. Off-Site Hearing Information, 4. Committee Report 9/19/14, 5. Hearing Testimony 9/19/14, 6. Hearing Transcript 9/19/14, 7. Committee Report 11/12/14, 8. Hearing Transcript 11/12/14, 9. Fiscal Impact Statement, 10. Hearing Transcript - Stated Meeting 11-13-14, 11. Local Law Assignment Letter, 12. Local Law 67, 13. Minutes of the Stated Meeting - November 13, 2014
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/14/2014AMelissa Mark-Viverito Administration City Charter Rule Adopted  Action details Meeting details Not available
12/3/2014AMelissa Mark-Viverito Mayor Hearing Scheduled by Mayor  Action details Meeting details Not available
11/13/2014AMelissa Mark-Viverito City Council Sent to Mayor by Council  Action details Meeting details Not available
11/13/2014AMelissa Mark-Viverito City Council Approved by CouncilPass Action details Meeting details Not available
11/12/2014*Melissa Mark-Viverito Committee on Sanitation and Solid Waste Management Hearing Held by Committee  Action details Meeting details Not available
11/12/2014*Melissa Mark-Viverito Committee on Sanitation and Solid Waste Management Amendment Proposed by Comm  Action details Meeting details Not available
11/12/2014*Melissa Mark-Viverito Committee on Sanitation and Solid Waste Management Amended by Committee  Action details Meeting details Not available
11/12/2014AMelissa Mark-Viverito Committee on Sanitation and Solid Waste Management Approved by CommitteePass Action details Meeting details Not available
9/19/2014*Melissa Mark-Viverito Committee on Sanitation and Solid Waste Management Hearing Held by Committee  Action details Meeting details Not available
9/19/2014*Melissa Mark-Viverito Committee on Sanitation and Solid Waste Management Laid Over by Committee  Action details Meeting details Not available
7/24/2014*Melissa Mark-Viverito City Council Referred to Comm by Council  Action details Meeting details Not available
7/24/2014*Melissa Mark-Viverito City Council Introduced by Council  Action details Meeting details Not available
Int. No. 409-A
 
By The Speaker (Council Member Mark-Viverito), Council Members Reynoso, Dromm, Gentile, Koo, Menchaca, Espinal, Greenfield, Eugene, Johnson, Levine, Miller, Richards, Torres, Vallone, Williams, Rodriguez, Weprin, Rosenthal, Cornegy, Cohen, Crowley, Kallos, Levin, Chin, Constantinides, Barron, Wills, Gibson, Lander, Maisel, Van Bramer and Ulrich (in conjunction with the Mayor)
 
 
A Local Law to amend the administrative code of the city of New York, in relation to regulating publicly accessible collection bins.
 
 
Be it enacted by the Council as follows:
 
Section 1. Section 10-169 of the administrative code of the city of New York, as renumbered by local law number 30 for the year 2013, is amended to read as follows:
§ 10-169 Regulation of publicly accessible collection bins.
a. [Definition] Definitions. For purposes of this section[,]:
"Commissioner" shall mean the commissioner of sanitation.
"Department" shall mean the department of sanitation.
"Publicly accessible collection bin" shall mean any outdoor container, other than any container placed by any government or governmental agency, or its contractors or licensees, that allows for any member of the public to deposit items into the container for the purpose of collection by the [provider] owner of such container.
b. Requirements. All publicly accessible collection bins shall comply with the following provisions:
1. Each individual publicly accessible collection bin shall prominently display on the front and on at least one other side of the bin, the name, address and telephone number of the [provider] owner of the bin. This information shall be printed in characters that are plainly visible. In no event shall a post office box be considered an acceptable address for purposes of this paragraph.
2. No publicly accessible collection bin may be placed on any city property, or property maintained by the city, or on any public sidewalk or roadway.
3. No publicly accessible collection bin shall be placed on any private property without the written permission of the property owner or the property owner's designated agent.
4. The owner of a publicly accessible collection bin placed on private property with the written permission of the property owner, or the property owner's designated agent, and the owner of the property where the bin is located shall be responsible for maintaining such bin in a clean and neat condition.
5. All owners of publicly accessible collection bins that are placed on private property with the written permission of the property owner, or the property owner's designated agent, shall be required to register with the department. Such registration, at a minimum, shall include the location of the publicly accessible collection bin, the type of material collected in the bin, and the name, address, and telephone number of the owner. On or before August first, two thousand fifteen, and annually thereafter, each such owner shall submit a report to the commissioner identifying the weight of the material collected during the period beginning on July first of the year preceding the year the report is due and ending on June thirtieth of the year the report is due. It shall be unlawful for the owner of any publicly accessible collection bin to submit a report containing false or misleading information or to fail to submit a report in accordance with this paragraph.
6. In addition to penalties provided for in any other provisions of law, in the event that a publicly accessible collection bin is placed on any city property, or property maintained by the city, or on any public sidewalk or roadway, [the owner of the publicly accessible collection bin, if] the department shall have the authority to remove such bin. Any publicly accessible collection bin placed on any city property, or property maintained by the city, or on any public sidewalk or roadway, shall be presumed to have been placed there intentionally. If the name and address of [such] the owner of such publicly accessible collection bin [is ascertainable,] are located on the bin and are legible, such owner shall be notified by the department [of sanitation] by certified mail, return receipt requested, that such publicly accessible collection bin [must be removed within thirty days from the mailing of such notice. A copy of such notice, regardless of whether the address of such owner is ascertainable, shall also be affixed to the publicly accessible collection bin. This notice shall state that if the address of the owner is not ascertainable and notice is not mailed by the department of sanitation, such publicly accessible collection bin must be removed within thirty days from the affixation of such notice. This notice shall also state that the failure to remove the publicly accessible collection bin within the designated time period will result in the removal and disposal of the publicly accessible collection bin by the department of sanitation. This notice shall also state that if the owner objects to removal on the grounds that the bin is not on city property, or property maintained by the city, or on any public sidewalk or roadway, such owner may send written objection to the department of sanitation at the address indicated on the notice within twenty days from the mailing of such notice or, if the address of such owner is not ascertainable and notice is not mailed by the department of sanitation, within twenty days from the affixation of such notice, with proof that the bin is on private property. Proof that the bin is on private property shall include, but not be limited to, a survey of the property prepared by a licensed surveyor that is certified to the record owner of such property.] was removed by the department and that the owner can claim such bin through the procedure established by rule. If the name and address of the owner of such publicly accessible collection bin are not located on the bin or are not legible, the commissioner may dispose of such bin in accordance with applicable law and rules thirty days after removal. Any owner who seeks to claim a publicly accessible collection bin that has been removed by the department shall pay the penalty established by this section and the costs of removal and storage, unless, after adjudication by the environmental control board, the owner is found not liable for violating this section, in which case such bin shall be released forthwith, and no removal or storage costs shall be imposed as a condition of such release. If any publicly accessible collection bin is not claimed within thirty days of the mailing of notice to the owner, the commissioner may dispose of such bin in accordance with applicable law and rules.
c. Any person who violates the provisions of paragraph two of subdivision b of this section shall be liable for a civil penalty recoverable in a proceeding before the environmental control board of two hundred fifty dollars for the first offense and five hundred dollars for each subsequent offense within any eighteen-month period. Any person who violates the provisions of paragraph two of subdivision b of this section by attaching or enclosing by any means any publicly accessible collection bin to or on any city property, or property maintained by the city, or on any public sidewalk or roadway, shall be liable for a civil penalty recoverable in a proceeding before the environmental control board of five hundred dollars for the first offense and one thousand dollars for each subsequent offense within any eighteen-month period.  For purposes of this section, each publicly accessible collection bin placed on any city property, or property maintained by the city, or on any public sidewalk or roadway, shall be deemed a separate violation.
d. Any person who violates the provisions of paragraphs one, four or five of subdivision b of this section shall be liable for a civil penalty recoverable in a proceeding before the environmental control board of fifty dollars for the first offense and one hundred dollars for each subsequent offense within any eighteen-month period.
e. The commissioner may promulgate such rules as are necessary to implement the provisions of this section including, but not limited to, rules relating to:
1. payment, by the owner, of removal and storage costs incurred by the commissioner,
2. registration and reporting requirements for publicly accessible collection bins placed on private property,
3. the procedures for claiming publicly accessible collection bins that are removed by the department, and
4. the disposal of publicly accessible collection bins that have been removed by the department and claimed by an owner in cases where there is a subsequent failure to collect such bins.
§ 2. This local law shall take effect 90 days after its enactment into law, except that the commissioner of sanitation may take such actions as are necessary for its implementation, including the promulgation of rules, prior to such effective date.
JCH
9/29/13
06:00 p.m.