Wednesday, June 6, 2012
Fined for early trash placement
From the Queens Courier:
Flushing resident JoAnn Kelly was also given a $100 ticket last September by DSNY enforcement agents, when her ailing 68-year-old husband — who has since passed away from lung, brain and spine cancer — put out the household trash too early.
Kelly, 65, said she’s waiting for her fourth appeal after contesting the ticket and being told by a judge each time she didn’t “present a meritorious defense.” She said the trash could only be put out when someone else was around to help.
“I don’t know what could have been a more meritorious defense. A person was dying,” Kelly said. “I’m really upset because my husband always considered himself a law-abiding citizen. He passed away feeling like he almost committed a crime. They could have given him a warning. We’ve been living in this home for 40 years and never had a situation like this before. It just seems ludicrous to give someone a $100 fine.”
According to the DSNY’s rules and regulations, residential units may place receptacles out for collection on the sidewalk, right by the curb, no earlier than 5 p.m. the day before their scheduled collection and no earlier than 4 p.m. from October 1 to April 1. Receptacles must also be removed from their collection place by 9 p.m. on collection day. If collection occurs after 4 p.m., receptacles must be removed by 9 a.m. the next day. Failure to comply could result in a $100 to $300 fine.
State Senator Tony Avella blasted the DSNY, saying the policy was not established under the necessary rulemaking procedures established in the City Administrative Procedure Act (CAPA), which he said requires public comment on proposed rules.
“Unfortunately, Ms. Kelly is not the only one affected by the issuance of significant fines based on this void policy,” Avella said. “[DSNY] has ignored all of CAPA’s requirements in establishing and implementing this policy, resulting in the issuance of significant fines against many alleged violators.”