[HISTORY: Adopted by the Town Board of the Town of Grand Island 7-6-1981 by L.L. No. 2-1981 (Ch. 25A of the 1963 Code). Amendments noted where applicable.]
Regrading and filling of land — See Ch. 253.
This chapter shall be known and may be cited as the "Litter or Dumping Control Law."
The intent of this chapter is to safeguard the health, safety and welfare of the inhabitants of the Town, with particular effort to safeguard their material rights against unwarranted diminishing of open space, and to minimize visual and hazardous nuisance.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- Relinquishment of any item of personal property and/or litter or dumped matter with the intention of not reclaiming it or resuming its ownership or enjoyment. Intent shall be presumed at the expiration of 72 consecutive hours without appropriate plans for its disposition, subject to applicable codes, rules and regulations, and filed with the Town Clerk.
- COMMERCIAL PROPERTY
- Any store, office building or group thereof; any professional, industrial, mercantile or industrial premises and all yard and parking areas thereof; and any vacant or unimproved commercial, business or industrial property.
- A. Garbage, refuse, trash or rubbish or any nauseous or offensive matter. "Garbage" is waste, animal or vegetable matter, such as material from a kitchen, store, restaurant, food stand, etc.
- B. All waste or discarded materials also known as "junk" or "refuse" customarily handled or collected by junk dealers or refuse collectors and as provided under § 218-4B.
- C. Items known as "junk" or otherwise discarded or abandoned, as defined herein, regardless of size, by reason of obsolescence, age or state of repair, except the following items which are usable seasonally: a vehicle resting on its tires, a boat resting on its cradle, a trailer or camper resting on its strut(s).
- D. Discarded reading material, newspapers, magazines, posters, handbills or similar paper goods.
- E. Discarded cans, bottles, containers, boxes, cartons or wrappers, with or without contents.
- F. Discarded matter consisting of partly ruined, ruined, damaged or scrapped material used in the construction of buildings, roads, driveways, sidewalks, machines, devices, equipment, containers, etc.
- G. Ruined or scrap material or refuse associated with new general construction or the deterioration of general construction.
- LITTER AND DUMPED MATTER, PREEXISTING
- Litter and dumped matter as described herein and abandoned as described herein, existing on private property or on public property or premises prior to the adoption of this chapter.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PROPERTY
- Any house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited 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.
- PUBLIC PROPERTY
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- RESIDENTIAL PROPERTY
- Any house, building or other structure designed or used, either wholly or in part, for a single-family or multiple-family dwelling, whether inhabited or temporarily or continuously uninhabited 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, including any vacant or unimproved residential property.
- THROWING, DEPOSITING or ABANDONING
- Includes spilling, dumping or throwing from a vehicle of any type or from a riding animal, aircraft or boat.
- The Town of Grand Island, New York.
No person shall throw, deposit or abandon litter or dumped matter on any property within the Town, whether private or public and whether or not owned by such person, nor shall any property owner use his land for dumping of matter or litter or permit the dumping of matter or litter or the accumulation of such matter or litter on his property by others, except that the owner or person in control of private property shall maintain private receptacle(s) for the collection of litter and dumped matter in such manner that such material will not be carried or deposited by the elements upon the yards, yard or premises of others or upon street(s), road(s) and highway(s) or public place or places.
Litter and dumped matter not contained in receptacles, as aforesaid, shall not be stored or piled on land within the Town, except to facilitate delivery to the vehicle of a junk dealer, refuse collector, salvage dealer or a person, firm or charitable organization customarily engaged in the removal, purchase, collection or salvage of discarded articles and, in such case, shall not be so stored in anticipation of such collection for a period in excess of 72 consecutive hours without contract confirmation of prompt pickup by a dependable collection dealer, person, firm or charitable organization.
No person shall throw, deposit or abandon litter upon any open or vacant property within the Town, regardless of the ownership thereof.
No person shall throw, deposit or abandon litter in or upon any street, highway, walk, park, parking area or other public place within the Town, except in public receptacles; provided, however, that no litter defined as garbage shall at any time be thrown or deposited in public receptacles, unless such receptacles are specifically designated and marked for the reception of garbage.
No person shall throw, deposit or abandon any litter or foreign matter of any kind whatsoever in any fountain, pool, pond, lake, stream, culvert, reservoir or its tributaries or watershed or any body of water in a park or elsewhere within the Town, except that this provision shall not prohibit the authorized treatment and control of pools or reservoirs to control or regulate water purity or aquatic vegetation by persons or corporations having all required permits issued by state, county, Town or watershed authorities having jurisdiction over such treatment or such permits.
The prohibitions contained herein against the deposit of litter shall include activities known as "dumping," the maintenance of dumps for any purpose, including landfill operations, or the use of any property in the Town as a dumping ground for the benefit of the owner or any other person, except those activities approved by the Department of Environmental Conservation and the County Board of Health and/or licensed by the Town of Grand Island.
No person shall be exempt from the provisions of this chapter, including a person owning land with litter or dumped matter as described herein preexisting the effective date of this chapter, except that which may be authorized by the Town Board.
Each and every day a violation of this chapter continues shall constitute a separate violation, and the penalties prescribed hereinafter shall be applicable to each such separate offense, except that no further penalty shall be imposed for the period during which any appeal from a conviction of such offense is pending. Each and every violation of this chapter shall constitute and shall be a violation punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both. In addition, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.