NEW YORK(CBSNewYork) — New Yorkers are crying foul over a sanitation policy that they say needs to be trashed.

“I think it’s crazy that without a warning or anything, it should have been a warning. Unless they’re trying to make money, which is what I think,” Raymond Jansson of Whitestone, Queens told CBS 2’s Hazel Sanchez on Monday night.

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Jansson was fined $100 for putting his garbage out 30 minutes too early.

Department of Sanitation policy says that residents cannot place garbage on the curb until 5 p.m. the day before collection. Between Oct. 1 and April 1 it can be placed outside after 4 p.m.

Senator Tony Avella called the policy garbage, and that the Sanitation Department never went through the proper avenues to establish the regulation.

“It involves a public comment period. You have to advertise that you’re doing this and allow the public to comment on it. They never did that,” he said.

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The Department of Sanitation did not comment on the legality of the policy but did make the following statement:

“…has reasonably allowed residents plenty of time to place out their refuse in the late afternoon and evening on the day before scheduled collection And is reasonably enforcing the statute which is critical to protecting public health.”

Senator Avella said that he has received nearly 20 complaints from residents who have been ticketed under the policy.

Avella has demanded that the city eliminate the policy or pass it through the proper channels. He has also asked the city to refund money to anybody who was ticketed under the policy.

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