[HISTORY: Adopted by the Common Council of the City of Rensselaer
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-21-1973]
No person shall operate or drive and no person, firm, corporation,
or association shall cause to be operated or driven upon the public
streets of the City of Rensselaer any vehicle transporting sand or
gravel unless such vehicle is equipped in such a manner that such
materials being transported are completely covered by a tarpaulin
or other suitable cover so as to prevent spillage of such materials
or the emission of dust therefrom.
[Amended 8-15-1990 by L.L. No. 4-1990]
Violation of this article shall be punishable by a fine of not
more than $250 or imprisonment for not more than 15 days, or both.
[Adopted 10-3-1990 by L.L. No. 2-1990[1]]
[1]
Editor's Note: This local law was originally adopted
as Ch. 67 but was redesignated to maintain the organization of the
Code.
This article shall be known and may be cited as the "Litter
or Dumping Control Law."
The legislative intent of this article is to safeguard the health,
safety and welfare of the inhabitants of the City of Rensselaer; to
safeguard their material rights against unwarrantable invasion; to
protect, preserve or maintain property values; and to minimize nuisance,
as well as to protect against health hazards.
For the purposes of this article, the following terms shall
have the meanings indicated:
The relinquishment of any item of personal property and/or
litter with the intention of not reclaiming it nor resuming its ownership
or enjoyment; and intent shall be presumed at the expiration of 48
hours from the time of abandonment.
The City of Rensselaer, New York.
Includes:
Garbage, refuse, trash or rubbish or any noxious or offensive
matter, such as material from a kitchen, store, restaurant, food stand,
etc.
All waste materials customarily handled or collected by refuse
collectors or junk dealers.
Items known as "junk," regardless of size, discarded or abandoned
by reason of obsolescence, age or state of repair or intended to be
discarded, abandoned or junked.
Discarded reading material, newspapers, magazines or similar
paper goods.
Cans, bottles, containers, boxes, cartons or wrappers, with
or without contents.
Includes throwing from a vehicle of any type or from an aircraft
or a boat.
A.
No person shall throw, deposit or abandon litter on any property
within the City of Rensselaer, whether public or private and whether
or not owned by such person, nor shall any property owner use his
land for the dumping of litter or permit such dumping or accumulation
of litter on his property by others, except that the owner or person
in control of private property shall maintain private receptacles
for the collection of litter in such manner that litter will not be
carried or deposited by the elements upon the yards or yard or premises
of others or upon the streets, roads, highways or public place or
places.
B.
Litter not contained in receptacles as aforesaid shall not be stored
or piled on land within the City, except to facilitate delivery to
the vehicle of a refuse collector, salvage dealer, licensed junk dealer
or a person, firm or charitable organization customarily engaged in
the removal, purchase, collection or salvage of discarded articles,
and in such case shall not be so stored in anticipation of such collection
for a period in excess of 48 hours.
C.
No person shall throw or deposit or abandon litter upon any open
or vacant property within the City, regardless of the ownership thereof.
D.
No person shall throw or deposit or abandon litter in or upon any
street, highway, walk, park, parking area or other public place within
the City, except in public receptacles; provided, however, that no
litter defined as garbage shall at any time be thrown or deposited
in public receptacles unless such receptacles are specifically designated
and marked for the reception of such garbage.
E.
No person shall throw or deposit or abandon any litter or foreign
matter of any kind whatsoever in any pool, pond, river, lake, stream,
culvert, reservoir or its tributaries or watershed or any body of
water in a park or elsewhere within the City, except that this provision
shall not prohibit the authorized treatment and control of pools or
reservoirs to control or regulate water purity or aquatic vegetation
by persons or corporations having all required permits issued by state,
county, City or watershed authorities having jurisdiction over such
treatment.
F.
The prohibitions contained herein against the deposit of litter shall
include activities such as dumping, the maintenance of dumps for any
purpose, including landfill operations, or the use of any property
in the City as a dumping ground for the benefit of the owner or any
other person.
G.
Residents and other users are required to place trash out not earlier
than 7:00 p.m. on the evening prior to collection day and not later
than 2:00 a.m. on the collection day. Residents and other users are
required to keep the trash and recyclable containers secure from animals
and rodents. The placement area of trash and recyclable containers
are to be clean and free of loose trash, garbage, debris, and any
other solid or liquid waste for disposal not secured in suitable trash
or recyclable containers. Loose trash, debris, recyclable waste, and
containers are to be removed from the disposable pickup area, and
that area left clean from loose trash, debris, recyclable waste and
containers. All trash and recyclable containers are to be retrieved
from the disposable area and properly secured at the residents and
other users or property owners designated area for said containers
within 12 hours after collection.
[Added 2-4-1998 by L.L. No. 5-1998; amended 3-4-1998 by L.L. No.
8-1998]
A.
Each and every violation of this article shall constitute and shall
be a violation as defined in Article 10, § 10.00, Subdivision
3, of the Penal Law and shall be punishable as follows:
[Amended 2-4-1998 by L.L. No. 5-1998]
(1)
A mandatory fine of $100 for the first offense, plus any and all
fees incurred by the City of Rensselaer in the cost of service and
removal;
(2)
A mandatory fine of $250 for the second offense, plus any and all
fees incurred by the City of Rensselaer in the cost of service and
removal;
(3)
A mandatory fine of $500 for the third offense, plus any and all
fees incurred by the City of Rensselaer in the cost of service and
removal; with
(4)
A mandatory minimum fine of $500 up to a maximum fine of $1,000,
plus any and all fees incurred by the City of Rensselaer in the cost
of service and removal.
B.
In addition to the above-provided penalties and punishment, the Common
Council may also maintain an action or proceeding in the name of the
City in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of such article.
C.
The Commissioner of Public Works, Deputy Commissioner, Building and
Zoning Department and the Police Department (or their designees) shall
have the power to enforce the provisions of this article and are empowered
to issue appearance tickets for violations thereof requiring attendance
in City Court of those persons or firms alleged to be in violation
of this article.
[Added 2-4-1998 by L.L. No. 5-1998]
