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a. Definitions. For purposes of this section, the following terms have the following meanings:
Street cleaning regulations. The term "street cleaning regulations" means parking regulations created for the purposes of facilitating street cleaning that are either: (i) on posted signs consisting of the letter "P" with a broom through it, or (ii) on posted signs containing "No Parking" rules restricting parking on one day per week or on alternate days, except that signs restricting parking for a period of six or more consecutive hours on one day per week or on alternate days are not street cleaning regulations.
Global positioning system. The term "global positioning system" or "GPS" means the global positioning system, or a comparable location tracking technology, that uses navigational satellites to determine a location in real time and is capable of collecting, storing and transmitting geographical data.
Street sweeper. The term "street sweeper" means a vehicle under the jurisdiction of the department that is equipped with a mechanical broom to clean streets.
b. GPS equipment. The commissioner shall require that all street sweepers be equipped with GPS technology and that such technology is in operation during street cleaning.
c. Publication of information regarding progress of street sweepers. Not later than December 31, 2023, the commissioner, in consultation with the department of information technology and telecommunications and the department of transportation, shall publish and maintain a page on the department's website that allows the public to track the progress of street sweepers in servicing blocks with scheduled street cleaning regulations, using data from GPS devices installed on such sweepers. Such GPS data shall be preserved and publicly available on a city website. Such reported information shall not be construed to allow a driver to park on a block where parking is prohibited by street cleaning regulations during the time such street cleaning regulations are in effect.
d. Report. Not later than June 30, 2024, and every six months thereafter for two years, the commissioner shall submit a report on street cleaning, using data from GPS devices installed on street sweepers, to the mayor and the speaker of the council and post such report on the department's website. Such report shall include, but not be limited to:
1. The number of routes a street sweeper was scheduled to service in such sanitation district in accordance with posted street cleaning regulations;
2. The percentage of routes completed by a street sweeper in such district; and
3. Any explanation as to why routes in such district were not completed as scheduled, if applicable.
(L.L. 2023/009, 1/21/2023, eff. 1/21/2023)
Whenever the commissioner of environmental protection shall determine that there is a sufficient supply of water for the purpose, such commissioner may permit the commissioner to use as much water as may be necessary for the flushing or washing of the public streets.
The department is hereby charged with the duty of causing the removal of dead animals, night soil and offal from the thickly populated districts daily, and as often as may be necessary elsewhere, and of keeping the city clean from all matter of nuisance of a similar kind.
The commissioner may charge for the collection and disposal of ashes, street sweepings, garbage, refuse, rubbish, dead animals, night soil and offal, and all wastes, including trade waste from business, industrial, manufacturing, or other establishments conducted for profit, at rates established by the council by local law, upon recommendation of the commissioner, and on such terms and conditions as the commissioner shall prescribe and subject to rules of the department governing such collection and disposal.
a. As used in this section:
1. The term "home occupation" shall mean a dwelling unit located within a residential portion of a building that is used in part for the purpose of engaging in an occupation authorized by law to be practiced at such location in addition to residential use;
2. The term "medical office/group medical center" shall mean an office located within a residential portion of a building that is used for the purpose of practicing a medical profession authorized by law to be practiced at such location;
3. The term "other residential office" shall mean an office, other than a medical office/group medical center, located within a residential portion of a building that is authorized by law to be used as an office by virtue of such use having been established prior to December 15, 1961; and
4. The term "designated recyclable materials" shall be as defined in rules of the commissioner adopted pursuant to section 16-305 of this code.
b. The commissioner is authorized to collect the following annual fees for the collection and disposal of solid waste generated by home occupations, medical offices/group medical centers, and other residential offices, located within buildings which receive department collection and disposal service:
Average Total Number of 20 Gallon Bags Generated Per Week, Including Designated Recyclable Materials | Annual Collection and Disposal Fee |
Not more than 5 | $303.00 |
6-10 | $563.00 |
11-15 | $823.00 |
16-20 | $1,083.00 |
a. 1. Every owner, lessee or person in control of a commercial establishment shall provide for the removal of waste by a business licensed by the New York city business integrity commission as required by subdivision a of section 16-505 of this code or register and obtain a registration number from the New York city business integrity commission as required by subdivision b of section 16-505 of this code to remove its own waste except as provided in subdivision c of this section, however nothing contained herein shall preclude the commissioner from providing for the removal of waste from any commercial establishment pursuant to the authority vested in the commissioner by section seven hundred fifty-three of the charter.
2. No later than the applicable final implementation date set forth in the rules of the department pursuant to subdivision e of section 16-1002, each owner, lessee or person in control of a commercial establishment shall contract with an awardee selected by the department for the zone in which such establishment is located for the removal of commercial waste only by a designated carter pursuant to the agreement entered into between such awardee and the department pursuant to title 16-B, as such terms are defined in section 16-1000, in accordance with the provisions of such title and any rules promulgated pursuant thereto, except as otherwise provided by such title, provided however, that an owner, lessee or person in control of a commercial establishment may contract for the removal of containerized commercial waste, as such term is defined in section 16-1000, with either an awardee selected for such zone or with an awardee selected for the removal of containerized commercial waste citywide pursuant to title 16-B, in accordance with the provisions of such title and any rules promulgated pursuant thereto.
b. Every owner, lessee or person in control of a commercial establishment shall post a sign which states clearly and legibly the trade or business name, address, telephone number and the day and time of the pickup of the trade waste removal business presently serving the establishment, or if the commercial establishment removes its own waste, a registration number issued by the New York city trade waste commission shall be posted. Such sign or registration number shall be prominently displayed by affixing it to a window near the principal entrance to the commercial establishment so as to be easily visible from outside the building. If this is not possible, such sign or permit shall be prominently displayed inside the commercial establishment near the principal entrance to the premises.
c. This section shall not apply to (i) unimproved or vacant property or premises generating infrequent waste or insignificant amounts of waste; and (ii) home occupations, medical offices/group medical centers, and other residential offices, which receive department collection and disposal service pursuant to section 16-114.1 of this code. The commissioner shall have the authority to determine what constitutes infrequent waste or insignificant amounts of waste in specific cases.
d. (i) Except as provided in paragraph (ii) of this subdivision, violation of any of the provisions of this section or any rules promulgated pursuant thereto shall be punishable by a civil penalty of not less than fifty nor more than one hundred dollars, provided that a violation of subdivision (b) of this section or any rules promulgated pursuant thereto by any owner, lessee or person in control of a commercial establishment shall be punishable by a civil penalty of fifty dollars.
(ii) A commercial establishment required by subdivision b of section 16-505 of this code to register with the New York city trade waste commission shall be subject to a penalty for the violation of such subdivision or any rule pertaining thereto as provided in subdivision c of section 16-515 of this code. Such penalty may be recoverable in the manner provided therein or may be returnable in a civil action brought in the name of the commissioner before the environmental control board which shall impose a penalty not to exceed one thousand dollars.
(Am. L.L. 2019/199, 11/20/2019, eff. 11/20/2019; Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/042, L.L. 2013/153, L.L. 2019/199 and L.L. 2021/080.
The commissioner shall have power to adopt rules and regulations:
1. Controlling persons and their servants, agents and employees and the vehicles of each engaged in removing, disposing of, conveying or transporting upon the streets, public places or bridges, or over the ferries in the city, manure, swill, ashes, street sweepings, bones, garbage, night soil, offal, fat, hides, hoofs or entrails, or other refuse parts of slaughtered animals, refuse, rubbish, bodies of dead animals, or any other offensive or noxious material, paper stock, or trade waste;
2. Rules and regulations adopted by the commissioner pursuant to this section shall be submitted to the board of estimate and, when approved by such board, shall be filed with the city clerk and published in like manner as prescribed by section eleven hundred five of the charter and shall be enforced in the same manner and to the same extent as local laws.
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