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Adopted Rules: Closed to Comments

Adopted Rules Content: 

NOTICE OF ADOPTION OF FINAL RULES RELATING TO THE CHANGE OF CRITERIA FOR THE REMOVAL OF DERELICT BICYCLES FROM PUBLIC PROPERTY

 

NOTICE IS HEREBY GIVEN in accordance with the requirements of Section 1043 of the New York City Charter and pursuant to the authority vested in the Commissioner of the Department of Sanitation by sections 753 of the New York City Charter and sections 16-122 and 16-128 of the New York City Administrative Code that the Department adopts the following rule relating to the change of criteria for the removal of derelict bicycles from public property.  The Department published a Notice of Opportunity to Comment on the proposed rule in the City Record on July 6, 2016.  On August 9, 2016, the Department held a public hearing on the proposed rule.  

 

Statement of Basis and Purpose of Rule

 

The Department of Sanitation (“DSNY”) is amending its rule for the removal of derelict bicycles from public property by:

1) reducing the requirements of derelict condition from a minimum of three characteristics to a minimum of two characteristics,

2) removing flat or missing tires as a derelict condition characteristic, and

3) changing the minimum amount of rust cover from 75 percent to 50 percent.

 

DSNY’s authority for these rules is found in sections 753 (a) and (b) of the New York City Charter and by sections 16-122 and 16-128 of the New York City Administrative Code

 

 

Effective Date: 
Sun, 09/25/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 9, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Sanitation (“DSNY”) proposes to amend its rule for the removal of derelict bicycles from public property by:

1.) reducing the requirements of derelict condition from a minimum of three characteristics to a minimum of two characteristics,

2.) removing flat or missing tires as a derelict condition characteristic, and

3.) changing the minimum amount of rust cover from 75 percent to 50 percent.

DSNY’s authority for these rules is found in sections 753 (a) and (b) of the New York City Charter and by sections 16-122 and 16-128 of the New York City Administrative Code

Subject: 

Change of Criteria for the Removal of Derelict Bicycles from Public Property

Location: 
Conference Room
125 Worth Street Room 819
New York, NY 10013
Contact: 

Madelynn Liguori (646) 885-4786

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Local Law 67 of 2014 (“Local Law 67”) amended §10-169 of the Administrative Code of the City of New York (“Administrative Code”), which authorizes the Department of Sanitation (the “Department”) to regulate publicly accessible collection bins.  These amendments of the law were needed to combat the increase in the illegal placement of publicly accessible collection bins throughout the City.  Section 10-169 of the Administrative Code prohibits the placement of publicly accessible collection bins on City property, or property maintained by the City, or on any public sidewalk or roadway (“public property”).  Bins are allowed on private property if written permission of the property owner or the property owner’s designated agent is received. 

 

 

This rule:

·         requires all owners of publicly accessible collection bins placed on private property to register with the Department,

·         provides the procedures for such registration,

·         requires owners of bins to submit an annual report to the Sanitation Commissioner that identifies the weight of the material collected during the reporting period,

·         requires both the owner of a publicly accessible collection bin that is on private property and the owner of the private property in which the bin is located to maintain the bin in a clean and neat condition,

·         sets forth a violation for the failure to register, submit an annual report to the Department, or maintain a bin,

·         allows the Department to immediately remove a publicly accessible collection bin that is placed on public property and creates a process for the owner of the bin to have the bin returned,

·         sets forth the  penalties for the placement of publicly accessible collection bins on public property, and,

·         sets forth the removal cost and storage rates associated with the removal and storage of a publicly accessible collection bin that is illegally placed on public property.    

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and §10-169 of the New York City Administrative Code.

Effective Date: 
Sat, 03/07/2015

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Tuesday, January 20, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

 

 

Local Law 67 of 2014 (“Local Law 67”) amended §10-169 of the Administrative Code of the City of New York (“Administrative Code”), which authorizes the Department of Sanitation (the “Department”) to regulate publicly accessible collection bins.  These amendments of the law were needed to combat the increase in the illegal placement of publicly accessible collection bins throughout the City.  Section 10-169 of the Administrative Code prohibits the placement of publicly accessible collection bins on City property, or property maintained by the City, or on any public sidewalk or roadway (“public property”).  Bins are allowed on private property if written permission of the property owner or the property owner’s designated agent is received. 

 

 

 

 

 

The proposed rules:

 

·         require all owners of publicly accessible collection bins placed on private property to register with the Department,

 

·         provide the procedures for such registration,

 

·         require owners of bins to submit an annual report to the Sanitation Commissioner that identifies the weight of the material collected during the reporting period,

 

·         require both the owner of a publicly accessible collection bin that is on private property and the owner of the private property in which the bin is located to maintain the bin in a clean and neat condition,

 

·         set forth a violation for the failure to register, submit an annual report to the Department, or maintain a bin,

 

·         allow the Department to immediately remove a publicly accessible collection bin that is placed on public property and create a process for the owner of the bin to have the bin returned,

 

·         set forth the  penalties for the placement of publicly accessible collection bins on public property, and,

 

·         set forth the removal cost and storage rates associated with the removal and storage of a publicly accessible collection bin that is illegally placed on public property.          

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and §10-169 of the New York City Administrative Code.

 

Subject: 

.Publicly Accessible Collection Bins

Location: 
Third Floor Hearing Room (Room 330)
125 Worth Street
New York, NY 10013
Contact: 

Madelynn Liguori (646) 885-4786

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Sun, 04/01/2012