§ 5-08 Operations.
RCNY § 5-08
(a)A licensee shall maintain any premises where trade waste removal vehicles and machinery are kept in a safe and sanitary condition.
(b)All vehicles operated pursuant to a license shall be loaded at all times in such a manner and by such methods as to prevent the release or discharge of dust and to prevent spilling of materials upon sidewalks or streets and every operator of a vehicle shall remove immediately from sidewalks or streets all materials spilled, littered, or thrown thereon in loading operations or in the handling and return of receptacles or while traveling.
(c)Materials loaded into vehicles shall be dumped or unloaded and disposed of only at points where disposal of the particular material may be made lawfully.
(d)Vehicles with open top box type bodies and containers on or in platform or panel type body vehicles shall not be filled or loaded over their capacity. In no case shall such vehicles be filled or loaded above water level of body or container.
(e)Trade waste vehicle operators of all types of vehicles shall exercise care at all times to prevent the making of unnecessary or avoidable noise in the course of operating such vehicles or loading trade waste.
(f)Each open top box type vehicle body shall be loaded only from front to rear and the partial load kept securely and fully covered at all times. Each such vehicle shall have a heavy tarpaulin cover which shall be secured over the vehicle body at all times other than when the vehicle body is being loaded or unloaded or is empty.
(g)Materials loaded in or upon vehicles shall not be re-worked, re-sorted, picked over, or rehandled while vehicle is on the streets and material shall not be transferred nor reloaded from a vehicle while on the streets to or into any other vehicle, except that operators of vehicles of the totally enclosed walk-in door type may sort materials only within and inside the body, during which periods the door or doors may be kept open.
(h)Materials shall not be carried at any time upon any vehicle other than solely within the vehicle body or solely within containers on or in the vehicle body when such materials are to be removed in containers.
(i)After materials are dumped for disposal the vehicle body and each container used, shall be emptied thoroughly and cleared of all loose materials.
(j)Vehicles and containers shall be thoroughly cleaned inside and outside frequently so that they shall present a good appearance and be maintained free of dirt and offensive odors at all times.
(k)Bodies of dead animals shall not be dissected outside of the premises from which removed, in the loading process or in the vehicle.
(l)All loading hoppers, doors, covers, or other closures of loading openings of all vehicles shall be kept closed and secured at all times excepting during actual loading through the particular opening.
(m)A licensee shall provide for the general cleanliness of, and the control of odors and extermination of pests and rodents on and around, the vehicles used to transport trade waste and the locations where such vehicles are stored when not in use.
(n)A licensee shall provide for off-street parking for vehicles used to transport waste, and shall not permit such vehicles to be parked on the street during the hours when they are not in use.
(o)A licensee shall keep closed the doors of any garage, or the gate to any outdoor premises, from which vehicles used in the transport of waste are dispatched except when such vehicles are entering or leaving such premises. The perimeter of any outdoor location used to store vehicles shall be surrounded by an opaque fence which shall be at least eight (8) feet high.
(p)A vehicle used to transport waste shall operate in compliance with all traffic laws, rules and regulations and shall not be permitted to stand with the motor idling in violation of § 24-163 of the Code.
(q)Any waste receptacle provided by a licensee to a customer shall be made of metal or other material or grade and type acceptable to the Department of Sanitation, the Department of Health and the Department of Housing Preservation and Development, as provided in § 16-120 of the Code. Receptacles used for liquid waste provided by the licensee shall be constructed, and maintained by the licensee, so as to hold their contents without leakage. All containers provided by the licensee shall be provided and maintained with tight fitting covers.
(r)Any container provided by a licensee to a customer for the collection of trade waste must: (1) meet the labeling requirements set forth in 17 RCNY § 5-11; (2) have a lid and a latch, lock, or other fastening or sealing mechanism or cord that keeps the lid closed and is resistant to tampering by rodents or other wildlife; and (3) have the capacity to meet the disposal needs of the customer.
(s)A licensee shall, after removing the waste of a customer, return the receptacle from which such waste was removed to a place inside or in the rear of the premises from which such waste was removed. If this is not feasible, the licensee shall place such receptacle against the building line.
(t)A licensee that removes, collects or disposes of trade waste shall keep the sidewalk, flagging, curbstone and roadway abutting any area from which waste is removed free from obstruction, garbage, litter, debris and other offensive material resulting from the removal by the licensee of such trade waste.
(u)A licensee must not permit or require any vehicle operator to drive the licensee's vehicles unless the vehicle operator complies with the hours of service requirements set forth in Part 395.3 of Title 49 of the Code of Federal Regulations.
(v)A licensee must ensure that the trade waste vehicles operated on behalf of the licensee are not engaging in a pattern of unsafe practices. Each such pattern of unsafe practices is a violation of this subdivision. For purposes of this subdivision, "a pattern of unsafe practices" means four instances of prohibited conduct set forth in paragraphs (1) through (6) of this subdivision within a six-month period by the licensee's vehicle operators and helpers, in the aggregate: (1) A trade waste vehicle must not back up unless such movement can be made safely and without interfering with traffic for the minimum distance to allow for the safe collection of trade waste.
(2)A trade waste vehicle must not make a U turn, except where legally permitted at marked center lines and from designated lanes.
(3)A trade waste vehicle must stop at all steady red lights until such light turns green. A trade waste vehicle must stop at all flashing red lights and stop signs before entering an intersection.
(4)A trade waste vehicle must be driven only in the direction designated for the roadway.
(5)A trade waste vehicle must not obstruct a bike lane, bus stop, sidewalk, crosswalk, or intersection.
(6)Under no circumstances shall an individual ride on or cling to the outside of a trade waste vehicle while the vehicle is operating on a roadway.
(w)Upon the final implementation date for a particular commercial waste zone, licensees who are designated carters will not be subject to the requirements of this section in such zone. Licensees who operate in any zones that have not been implemented will continue to be subject to the requirements of this section. (Amended City Record 7/7/2016, eff. 8/6/2016; amended City Record 7/10/2018, eff. 8/9/2018; amended City Record 7/7/2021, eff. 8/6/2021; amended City Record 8/1/2024, eff. 8/31/2024)
