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:
ABANDON
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.
LITTER AND DUMPED MATTER
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.
PERSON
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.
TOWN
The Town of Grand Island, New York.
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.