[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.
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.
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.
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.