Section 10-165*2. Regulation of publicly accessible collection bins  


Latest version.
  • a. Definition. For purposes of this section,
        "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 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 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. In addition to penalties provided for in any  other  provisions  of
      law, in the event that a publicly accessible collection bin is placed on
      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 address of such owner is ascertainable, 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.
        * NB There are 3 § 10-165's