For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
GARBAGE
The putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
PARK
Any public area in the Town owned or used by the Town and devoted
to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed or used
either wholly or in part for private residential or other purposes, whether
inhabited or temporarily or continuously uninhabited or vacant, and shall
include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox
belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public
ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes),
including but not limited to garbage, rubbish, ashes, street cleanings, dead
animals, abandoned vehicles and automobiles, discarded refrigerators, mattresses,
stoves, hot water tanks, washing machines, clothes dryers, furniture, motors
and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, glass,
crockery, scrap metal and similar materials.
TOWN
The Town of Wheatfield, New York.
VEHICLE
Every device in, upon or by which any person or property is or may
be transported or drawn upon a highway, including devices used exclusively
upon stationary rails or tracks.
WEEDS
Refers to but is not limited to any organic growth which constitutes
a fire, health or safety hazard.
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within the Town except in public receptacles, in authorized
private receptacles for collection or in official Town dumps.
No person shall sweep into or deposit in any gutter, street or other
public place within the Town the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons owning
or occupying property shall keep the sidewalk or walkways in front of their
premises free of litter.
No person while a driver or passenger in a vehicle shall throw or deposit
litter upon any street or other public place within the Town or upon private
property.
No person shall drive or move any truck or other vehicle within the
Town unless such vehicle is so constructed or loaded as to prevent any load,
contents or litter from being blown or deposited upon any street, alley or
other public place.
No person in an aircraft shall throw out, drop or deposit within the
Town any litter, handbill or any other object.
No person shall throw or deposit litter on any private property within
the Town, whether owned by such person or not, except that the owner or person
in control of private property may maintain authorized private receptacles
for collection in such a manner that litter will be prevented from being carried
or deposited by the elements upon any street, sidewalk or other public place
or upon any private property.
The owner or person in control of any private property shall at all
times maintain the premises free of litter; provided, however, that this section
shall not prohibit the storage of litter in authorized private receptacles
for collection.
No person shall throw or deposit litter on any open or vacant private
property within the Town, whether owned by such person or not.
It shall be the duty of every owner or owners of land, vacant or improved,
and of every tenant, lessee or occupant of land, vacant or improved, within
the territorial boundaries of the Town to keep the land that he or she owns,
rents or occupies free from weeds, as defined herein.
[Amended 10-7-1985 by L.L. No. 6-1985; 9-18-1988
by L.L. No. 4-1988; 3-6-1989 by L.L.
No. 1-1989]
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable as follows:
A. A fine up to and not exceeding $500 per day for each
day the offense is continued by the violator. Each day shall be considered
a separate and distinct offense hereunder for purposes of the court levying
a fine.
B. In addition, a violation shall also be punishable by
imprisonment for one term up to and not exceeding 15 days. Each day's violation
shall not be punishable by additional imprisonment for 15 days if that day's
violation shall arise out of the same circumstances.
C. The court may impose either a fine or imprisonment, or
both, upon a violator of any section of this chapter.