Section 16-470
§ 16-470 Definitions. As used in this chapter:
"In bulk" means fifty or more recyclable containers;
"Motor vehicle" means any vehicle operated or driven upon a street
that is propelled by any power other than human or animal power;
"Owner" means a person, other than a lienholder, having the property
in or title to a motor vehicle, including any person entitled to the use
and possession of a motor vehicle subject to a security interest by
another person and also includes any lessee or bailee of a motor vehicle
having the exclusive use thereof, under a lease or otherwise, for a
period greater than thirty days;
"Person" means any individual, firm, corporation or other legal
entity;
"Recyclable container" means any bottle, can, jar or other container
constructed from glass, metal or plastic that has been designated as a
recyclable material pursuant to subdivision b of section 16-305 of this
title;
"Street" means any public street, avenue, road, alley, lane, highway,
boulevard, concourse, parkway, driveway, culvert, sidewalk, crosswalk,
boardwalk, viaduct, square or place, including marginal streets.
Section 16-471
§ 16-471 On-street acceptance or transfer of recyclable containers in
bulk. a. It shall be unlawful for any person using a motor vehicle to
accept, receive or otherwise collect recyclable containers in bulk from
more than one person on or in any street in the city of New York.
b. It shall be unlawful for any person to transfer recyclable
containers in bulk from one vehicle to another on or in any street in
the city of New York where one or more of the vehicles involved in the
transfer has a commercial license plate.
c. This section shall not apply to authorized employees or agents of
the city engaged in the collection of solid waste or recyclable
materials, persons licensed pursuant to subdivision a of section 16-505
of this code, and persons registered or exempted from registration
pursuant to subdivision b of section 16-505 of this code.
d. The owner of any motor vehicle used in violation of this section
shall also be liable for any such violation except where such vehicle
owner establishes that the motor vehicle was used for purposes of
violating the provisions of this section without such vehicle owner's
permission.
Section 16-472
§ 16-472 Registration. a. On or after January 1, 2014, no person
shall, while using a motor vehicle, accept, receive, transfer from one
motor vehicle to another motor vehicle, or otherwise collect recyclable
containers in bulk from more than two persons on private property in the
city of New York without registering with the department pursuant to the
provisions set forth in this section. Any application for registration
or for renewal of a registration submitted to the department shall
include the following:
i. name and address of each such person and owner of such motor
vehicle used for acceptance of recyclable containers in bulk; and
ii. the location, including the street address or nearest street
address of the property, and tax block and lot number or numbers if more
than one lot, or other information identifying specifically where such
motor vehicle will accept recyclable containers in bulk and the name of
the owner of such property and a signed certification from such owner
approving the use of such property for the purpose of in bulk container
acceptance.
b. Such registration shall be conspicuously posted in such motor
vehicle.
c. Prior to issuing a registration pursuant to this section, the
department shall confirm that any location where a motor vehicle
proposes to collect recyclable containers in bulk as specified pursuant
to paragraph ii of subdivision a of this section is zoned for such use.
d. The commissioner may establish, by rule, a fee to process
applications for registration pursuant to this section.
e. Any registration issued by the department pursuant to this section
shall expire one year from its issuance, and may be renewed thereafter.
A request for renewal shall be reviewed by the department prior to such
expiration of such registration, if such request is submitted to the
department no later than forty-five days prior to the expiration of such
registration.
Section 16-473
§ 16-473 Reporting requirements. No later than January 31, 2015, and
annually thereafter, any person registered pursuant to section 16-472 of
this chapter shall submit an annual report to the department. Such
report shall include, but not be limited to, the following:
i. the name and address of each operator of the motor vehicle used for
acceptance of recyclable containers in bulk;
ii. any change to the information contained in each such operator's
registration;
iii. each location where collected recyclable containers are
delivered; and
iv. the total amount of refunds paid out and revenue generated, in the
aggregate, by the registrant for the prior calendar year pursuant to the
registration issued by the department.
Section 16-474
§ 16-474 Operating requirements. Any person registered pursuant to
this chapter shall ensure that such person's motor vehicle accepts,
receives, transfers from one motor vehicle to another motor vehicle or
otherwise collects recyclable containers in bulk from another person on
private property in the city of New York only at the location listed in
the registration. Such person shall ensure that such property is
operated and maintained in a safe and sanitary manner so as to avoid any
nuisance or condition hazardous to public health or safety, including
ensuring that the roadway, sidewalk and curb area abutting such property
where such person operates is kept clean and free from obstruction and
nuisances resulting directly from such person's activities, and that the
roadway, sidewalk and curb area abutting any such property are free from
garbage, refuse, rubbish, litter, debris and other offensive material
including, but not limited to, unwanted recyclable containers.
Section 16-475
§ 16-475 Exemption. The provisions of sections 16-471, 16-472, 16-473
and 16-474 of this chapter shall not apply to persons using a motor
vehicle to collect or receive recyclable containers in bulk on streets
or private property from dealers, distributors or redemption centers as
such terms are defined in section 27-1003 of the environmental
conservation law.
Section 16-476
§ 16-476 Enforcement. a. Any person who violates section 16-471 of
this chapter shall be liable for a civil penalty recoverable in a
proceeding before the environmental control board of one thousand
dollars for each such violation.
b. Any person who violates section 16-472 of this chapter shall be
liable for a civil penalty recoverable in a proceeding before the
environmental control board of five hundred dollars for each such
violation.
c. Any person who violates sections 16-473 or 16-474 of this chapter
shall be liable for a civil penalty recoverable in a proceeding before
the environmental control board of two hundred fifty dollars for each
such violation.
d. Any motor vehicle that has been used or is being used to collect
recyclable containers in bulk in violation of section 16-471 of this
chapter or without registering with the department in violation of
section 16-472 of this chapter may be impounded by the department and
shall not be released until either all storage fees and the applicable
fine have been paid or a bond has been posted in an amount satisfactory
to the commissioner. Rules of the department related to the impoundment
and release of motor vehicles in chapter five of title sixteen of the
rules of the city of New York shall be applicable to the impoundment and
release of motor vehicles pursuant to this paragraph. Where it is
determined that the motor vehicle was not used to commit a violation of
section 16-471 or 16-472 of this chapter, such fees shall be promptly
returned.
e. The provisions of this chapter may be enforced by the department,
the police department, the department of consumer affairs and the
business integrity commission.
Section 16-477
§ 16-477 Rulemaking authority. The commissioner shall be authorized to
promulgate such rules as are necessary to implement the provisions of
this chapter.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.