[HISTORY: Adopted by the Town Board of the Town of Massena 8-10-1960;
amended in its entirety 7-19-2000 by L.L. No. 2-2000.
Subsequent amendments noted where applicable.]
It shall be unlawful for any person to throw, spill, place, or deposit
or leave or cause to be thrown, spilled, placed, deposited or left or to permit
any servant, agent or employee to throw, spill, place, deposit or leave in
or upon any street, highway, alley, sidewalk, park, or other public place
in the Town of Massena any dirt, sweepings, filth, shells, garbage, vegetable,
dead carcasses, sewage, slops, excrement, compost, stable manure, ashes, soot,
tin cans, rags, waste, paper, leaves, brush, weeds, grass, straw, hay, excelsior,
shavings, barrels, crates, boxes, litter or loose combustible material, materials
subject to be carried by the wind or any unwholesome, noisome or putrescible
matter of any kind.
It shall be unlawful for any person to spill, pour, place or deposit
or allow to drip, fall or run upon the pavement or sidewalk of any street,
alley or other public place of the Town of Massena any brine, chemical, oil,
grease or other liquid or substance which tends to disintegrate the pavement
or make it slippery or otherwise dangerous for pedestrians, horses or vehicles.
It shall be unlawful for any person as owner, driver, manager or conductor
of any cart or other vehicle, or any receptacle, to scatter, drop or spill
or permit to be scattered, dropped or spilled therefrom any dirt, sand, gravel,
clay, loam, stone, or building rubbish or hay, straw, oats, sawdust, shavings
or other like materials of any sort or manufacturing, trade or household wastes
or refuse, rubbish of any sort or manure, garbage or other organic refuse
or other offensive matter or permit the same to be blown therefrom by the
wind in or upon any street, sidewalk, alley or other public place in said
Town of Massena.
It shall be unlawful for any person as owner, driver, manager or conductor
of any cart or other vehicle, or of any other receptacle, to carry or transport
any rubbish, wastes, refuse, ashes, garbage or trash upon any street, sidewalk,
alley or other public place in said Town of Massena unless that portion of
that cart, vehicle or receptacle containing said materials shall be covered
so as to prevent the scattering, dropping, or spilling of said materials.
As used in this chapter, the following terms shall have the meanings
indicated:
One or more persons of either sex, natural persons, corporations,
associations, joint-stock companies, societies and all other entities of any
kind capable of being sued.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by both such fine and
imprisonment. The continuation of an offense against the provisions of this
chapter shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
This article was adopted by the Town Board on 7/19/2000 to control litter
in all zoning classifications within the Town of Massena.
As used in this article, the following terms shall have the meanings
indicated:
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other waste
which, if thrown or deposited as herein prohibited, tends to endanger the
public health, safety and the aesthetic value of the premises in relation
to the town or causes untidiness or disorder within the town.
Unimproved property, dwelling, house, building or other structure
designed or used either wholly or in part for private purposes congruent with
all zoning classifications, whether inhabited 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.
All putrescible and nonputrescible solid wastes, including, but not
limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, abandoned recreational vehicles, tires, metal goods including
but not limited to refrigerators, stoves and like appliances, furniture and
furnishing and construction materials including but not limited to lumber,
sheet rock, chip board, concrete, tree limbs and branches.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
wood, glass, bedding, crockery and similiar materials.
The owner or person in control of any premises shall at all times maintain
the premises free of litter; provided, however, that this section shall not
prohibit the storage of litter in private receptacles for collection.
A.
Notice to remove. The Code Enforcement Officer or his/her
duly designated agent is authorized and empowered to notify the owner of the
premises, or the tenant or agent of such owner to remove the litter. Such
notice shall be by registered mail. The litter is to be removed within 15
days from the service of notice.
B.
Failure to comply. Upon the failure, neglect or refusal
of said owner, tenant or agent so notified to properly dispose of the litter,
the Code Enforcement Officer or his/her duly designated agent is hereby authorized
and empowered to pay for the disposing of such litter or to order its disposal
by the town.
C.
Assessment of expenses. When the town has effected the
removal of such litter or has paid for its removal, the actual cost therof
plus a 5% surcharge shall be billed to the owner of the premises and shall
be payable within 30 days. If the owner fails to pay within 30 days, the actual
cost plus a 10% surcharge shall be charged to the owner of the premises on
the next town tax bill.
