As used in this article, the following terms
shall have the meanings ascribed to them:
ENFORCEMENT OFFICER
The person(s) designated by the City Council to carry out
the duties of enforcement and administration for this chapter.
[Added 10-2-2008 by Ord. No. 1831]
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish, as defined in this section,
and all other waste material which, if thrown or deposited as prohibited
by this article, tends to create a danger to public health, safety
and welfare.
OWNER
A person, agent, operator, firm, association, organization,
partnership, company, corporation, beneficiary, trust, trustee, and
all other person(s) having a legal or equitable interest in the property;
or recorded in the official records of the state, county or municipality
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person,
and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
[Added 10-2-2008 by Ord. No. 1831]
PARK
A park, reservation, playground, beach, recreation center
or any other public area in or owned or used by the City and devoted
to active or passive recreation.
PRIVATE PROPERTY
Any dwelling, house, building or other structure designed
or used either wholly or in part for residential, business or industrial
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any property, yard, grounds, walk, driveway,
parking areas, porch, steps, vestibule or mailbox belonging or appurtenant
to any such dwelling, house, building or other structure designed
or used either wholly or in part for residential, business or industrial
purposes.
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 garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, handbills, placards, posters,
wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves,
wood, glass, bedding, crockery and similar materials.
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.
No person while a driver or passenger in a vehicle
shall throw, distribute or deposit litter upon any street, vehicle
or other public place within the City or upon private property.
No person shall drive or move any truck or other
vehicle within the City unless the 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.
[Amended 9-5-1996 by Ord. No. 1638]
Any person violating any of the provisions of this article shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to a penalty as set forth in Chapter
1, General Provisions, Article
III, General Penalty.
[Amended 5-16-1991 by Ord. No. 1550; 9-5-1996 by Ord. No.
1638; 10-2-2008 by Ord. No. 1831]
A. Whenever the enforcement officer finds that there has been a violation of this article or of any rule or regulation adopted pursuant thereto, he shall issue and serve upon the owner, as defined in §
168-3 of this article, or to any person(s) responsible, an appearance ticket as defined and authorized pursuant to Chapter
276 of the Code of the City of Watervliet.
B. Nothing
contained herein shall prevent the enforcement officer from filing
a summons, complaint or any other accusatory instrument in Watervliet
City Court in lieu of the issuance and service of an appearance ticket
for a violation of this article.
No person shall throw, deposit or distribute
litter in or upon any street, sidewalk, vehicle or other public place
within the city, except in public receptacles or in authorized private
receptacles for collection.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon private property.
No person shall sweep into or deposit in any
gutter, street or other public place within the City 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
adjacent to their premises free of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the City the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the City shall keep
the sidewalk adjacent to their business premises free of litter.
No person shall throw, distribute, or deposit
litter in any park within the City except in public receptacles and
in such a manner that the litter will be prevented from being carried
or deposited by the elements upon any part of the park or upon any
street or other public place. Where public receptacles are not provided,
all litter shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere as provided in
this article.
No person shall throw or deposit litter in any
fountain, pond, lake, stream, channel, bay or any other body of water
in a park or elsewhere within the city.
No person shall throw, distribute or deposit
litter on any occupied private property within the city, 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;
however, this section shall not prohibit the storage of litter in
authorized private receptacles for collection.
No person shall throw, distribute or deposit
litter on any open or vacant private property within the city, whether
owned by such person or not.