(a) Except as otherwise authorized in 16 RCNY § 1-02.3, occupants of residential buildings, public buildings, and special use buildings, except commercial occupants of residential buildings where Department collection service is not otherwise authorized by 16 RCNY § 1-03, shall place their receptacles or bags containing solid waste or recyclables out at the curb for collection by the Department as follows:
1. Except as provided in paragraph (2) of this subdivision, materials must be placed out at the curb no earlier than 8:00 p.m. on the day before scheduled collection and no later than 12:00 a.m. on the scheduled collection day;
2. The following materials must be placed out at the curb no earlier than 6:00 p.m. on the day before scheduled collection and no later than 12:00 a.m. on the scheduled collection day: (i) materials placed out for collection in receptacles with a tight-fitting lid; and (ii) designated recyclable paper that is tied and bundled securely without a container and set out in accordance with the requirements found in 16 RCNY § 1-08(h);
3. Receptacles containing solid waste that are set out at the curb must not exceed fifty-five gallons in size;
4. Receptacles containing designated recyclable materials that are set out at the curb must comply with the container specifications found in 16 RCNY § 1-08; and
5. All receptacles shall be removed 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.
(b) A commercial establishment that receives collection from a private carter shall place receptacles or bags containing solid waste or recyclables out at the curb for private carter collection as follows:
1. Except as provided in paragraph (2) of this subdivision, and in accordance with 16 RCNY § 1-02.4, materials must be placed out at the curb no earlier than 8:00 p.m. prior to scheduled collection provided that such collection takes place later that same day or on the day immediately following;
2. Except as required in 16 RCNY § 1-02.4, materials placed out for collection in receptacles with a tight-fitting lid, and designated recyclable paper that is tied and bundled securely without a container, may be placed out for collection at the curb no earlier than one hour before closing, provided that the scheduled collection occurs before the establishment next reopens for business;
3. Any receptacle placed out for collection must be removed from the curb no later than the time the commercial establishment next reopens for business; and
4. The requirements of this subdivision do not apply to commercial establishments that receive off-street collection, including collection from inside a loading dock.
(c) If the Mayor declares a health or solid waste emergency, the Commissioner may change the authorized times for placement of receptacles or bags containing solid waste or recyclables for collection for the duration of the emergency.
(d) Any receptacles used for the set out of waste pursuant to subdivision (a) or (b) of this section must be kept clean and in good repair. If other storage areas on the premises are not available, receptacles may be stored in the area within 3 feet of the building line on the sidewalk, provided that such receptacles are maintained in an orderly manner and do not impede or obstruct pedestrian flow on the sidewalk.
(e) Suspension of container requirements:
1. The requirements to set waste out in containers in this section and 16 RCNY § 1-02.4 may be suspended if:
a. the Mayor declares a health or solid waste emergency; or
b. the Commissioner determines that weather conditions are not conducive to the use of receptacles; or
c. the Commissioner determines that the use of such receptacles would constitute a public nuisance.
2. In the case container requirements are suspended pursuant to paragraph 1 of this subdivision, materials may be placed out for collection as follows:
a. Occupants of residential buildings, public buildings, and special use buildings, except commercial occupants of residential buildings where Department collection service is not otherwise authorized by 16 RCNY § 1-03, shall place their receptacles or bags containing solid waste or recyclables out at the curb for collection no earlier than 6:00 p.m. on the day before scheduled collection and no later than 12:00 a.m. on the scheduled collection day.
b. A commercial establishment that receives collection from a private carter shall place receptacles or bags containing solid waste or recyclables out at the curb for private carter collection shall place receptacles or bags containing solid waste or recyclables out at the curb for private carter collection no earlier than either 8:00 p.m. or one hour before closing, whichever is earlier.
(Amended City Record 4/5/2017, eff. 5/5/2017; amended City Record 12/1/2022, eff. 12/31/2022; amended City Record 6/30/2023, eff. 7/30/2023)