City of Oneonta, NY Chapter 170 Littering

[HISTORY: Derived from Articles II and VIII of Chapter 65 of the 1975 Compilation; amended in its entirety 2-16-1999 by Ord. No. 5-1999. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 82.

Handbills — See Ch. 154.

Solid waste — See Ch. 248.

§ 170-1 Definitions.

The following definitions shall apply in the interpretation of this chapter:

LITTER

Garbage, trash, refuse, building and construction debris and canine wastes or to leave, throw, store, sweep or deposit the same.

LITTER RECEPTACLE

Any receptacle used or maintained by any person for the collection or storage of litter. This includes commercial, industrial or construction receptacles commonly known as "dumpsters."

PERSON

Any natural person, firm, partnership, association, corporation, company, public utility, governmental entity of authority or organization of any kind.

PUBLIC PLACE

Any street, sidewalk, alley, public way, public park, square, space, grounds or building.

STREET LITTER

Light refuse that is generated by pedestrians, such as scrap paper, candy wrappers, cigarette packages, fruit skins, paper plates, food wrap, cigarette butts and other similar light refuse. It is illegal for anyone to litter, sweep, throw or cast any material, such as street litter, ashes, garbage, paper, dust or other refuse or rubbish, into any street or public place, vacant lot or alley.

STREET LITTER RECEPTACLES

Those litter baskets and other similar containers positioned in public places and maintained by the City of Oneonta. Street litter receptacles are designed for the use of pedestrians only and shall be used for deposit of street litter only.

§ 170-2 Litter in public places.

A. No person shall litter any public place within the City of Oneonta.

B. No person shall throw, cast, blow, push or place or cause to be thrown, cast, blown, pushed or placed any snow, ice or sleet into any public street, place or sidewalks within the city.

C. Persons placing litter in litter receptacles shall do so in a manner that prevents the litter from being carried by the elements upon any public place or private property.

D. All property owners or persons occupying or having control of property within the City of Oneonta shall maintain the public ways adjoining their property free of litter.

§ 170-3 Street litter receptacles.

Street litter receptacles are designed for the use of pedestrians and shall be used solely for the deposit of street litter. It shall be unlawful and a violation of this chapter for any person to dump or deposit household refuse or other similar debris into or adjacent to such receptacles.

§ 170-4 Litter from motor vehicles.

A. No person shall drive or move any track or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any public place or private property.

B. No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or which deposit in any public place mud, dirt, sticky substances, litter or foreign matter of any kind.

§ 170-5 Authority of Code Enforcement Officer.

The Code Enforcement Officer, upon complaint being made to him or upon his own motion, shall, upon personal and direct knowledge of the existence of a violation of § 170-2, 170-3 or 170-4, cause such to be put in a condition as will comply and shall determine the identity of the violator and/or the premises from which it came. The cost thereof plus a fifty-percent charge thereof for supervision and administration shall be charged to the violator or the owner of the premises from which it came. Said cost and fifty-percent charge if not paid shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property so assessed as the general city tax and as a part thereof, if the violator is billed and the bill is not paid; judgment shall be sought in a court proceeding.

§ 170-6 Penalties for offenses.

A. Any person who violates any provisions of this chapter shall. be punished by a fine not to exceed $200 or imprisonment for not more than 15 days, or both such fine and imprisonment, for the first conviction (Class 3 violation).

B. For a second conviction within five years (Class 2 violation) the fine shall not exceed $500 or imprisonment for not more than 30 days, or both such fine and imprisonment.

C. For a third or subsequent conviction within five years (Class 1 violation) the fine shall not exceed $1,000 or imprisonment for not more than 60 days, or both such fine and imprisonment.

D. Each day a violation continues shall be a separate additional violation. Multiple violations shall be considered separately. However, all violations arising out of the same incident shall be considered in the same class, that is, three violations at the same time or incident shall be either all Class 1, all Class 2 or all Class 3 violations.

§ 170-7 Throwing snow into public streets or sidewalks.

No person shall throw, cast, blow, push or place or cause to be thrown, cast, blown, pushed or placed any snow, ice or sleet into any public street, place or sidewalks within the city.

§ 170-8 Penalties for offenses.

Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.