[HISTORY: Adopted by the Town Board of the Town of Tonawanda 6-9-1980
by L.L. No. 6-1980. Amendments noted where applicable.]
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.
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.
Any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage,
rubbish, trash, debris or similar offensive or nauseous matter.
Any individual, partnership, association, society, syndicate, company,
trust or corporation.
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.
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.
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.
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.
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.
