Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 6-9-1980 by L.L. No. 6-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned or junked vehicles — See Ch. 203.
Solid waste management — See Ch. 181.

§ 127-1 Purpose.

This chapter is intended to protect and enhance the physical and visual environment of the Town of Tonawanda, outside the Village of Kenmore, and to preserve and promote the safety, health and well-being of persons and property in the Town of Tonawanda, outside the Village of Kenmore. In order to meet this objective, this chapter is designed to prohibit littering and to otherwise regulate the disposal of garbage, refuse and other offensive matter consistent with other laws of the Town of Tonawanda and the laws and Constitution of the State of New York.

§ 127-2 Definitions.

For the purpose of this chapter, the following terms shall have the meanings indicated. All other terms shall have the meanings normally ascribed to them in regular usage.
LITTER
Any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, trash, debris or similar offensive or nauseous matter.
PERSON
Any individual, partnership, association, society, syndicate, company, trust or corporation.

§ 127-3 Proper disposal required.

No person shall throw, dump, deposit or place or cause to be thrown, dumped, deposited or placed upon any public property or private land in the Town of Tonawanda, outside the Village of Kenmore, any litter unless such litter is properly deposited in a suitable receptacle provided by the town or has been deposited according to the provisions of Chapter 181, Solid Waste Management, of the Code of the Town of Tonawanda.

§ 127-4 Applicability.

This chapter shall apply to the above-described acts committed on all public property and private lands in the Town of Tonawanda, excluding the Village of Kenmore, except that it shall not apply to any such act committed upon a public highway in violation of § 1220 of the Vehicle and Traffic Law of the State of New York, nor shall this chapter apply to any such act committed upon any water of this state in violation of § 33-c of the Navigation Law of the State of New York.

§ 127-5 Exception to provisions.

The foregoing prohibition shall not apply in the event that litter is deposited upon invitation of the owner or an authorized agent of the owner of the affected property, where such use of the affected property has been authorized by the appropriate governmental body.

§ 127-6 Penalties for offenses.

Any person committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.

§ 127-7 Repealer. [1]

A. 
Chapter 11, Dumping of Rubbish, of the Code of the Town of Tonawanda, New York, is hereby repealed.
B. 
Section 20-10, Sweeping prohibited on sidewalks and streets, of the Code of the Town of Tonawanda, New York, is hereby repealed.
C. 
Section 29-4, Garbage and refuse, of the Code of the Town of Tonawanda, New York, is hereby repealed.
D. 
This repeal shall not affect or impair any act done or offense committed or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enforced or prosecuted as fully and to the same extent as if such repeal had not been effected. Furthermore, all actions and proceedings commenced under or by virtue of the laws repealed hereby and pending immediately prior to the taking effect of the repeal of said laws may be prosecuted and defended to final effect in the same manner as they might if such provisions were not so repealed.
[1]
Editor's Note: References to repealed subject matter within this section apply to the 1974 Code of the Town of Tonawanda.