[HISTORY: Adopted by the Town Board of the
Town of Gates 9-21-1970. Amendments noted where applicable.]
It is the intent of the Town Board of the Town
of Gates to limit and control the number of dumps located within the
confines of the Town of Gates and to prevent other municipalities
outside the Town of Gates from establishing dumps within our town
for the dumping of refuse and garbage. It is also the intent of the
Town Board of the Town of Gates to control littering within our town
and to provide for penalties for those persons, firms or organizations
violating this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes waste food, papers, dead animals or parts thereof
and all waste or discarded wood, vegetable matter of any kind or any
other matter which shall be combustible or capable of fermentation
or decay.
Includes any individual, society, club, firm, partnership,
corporation or association of persons, and the singular number shall
include the plural number.
Includes waste metal, tin cans, ashes, cinders, glass, pottery
and all discarded substances of a solid and incombustible nature.
No person shall throw, dump, deposit or place
or cause to be thrown, dumped, deposited or placed upon any highway,
road or street or within the limits of the right-of-way of any such
highway, road or street of the Town of Gates or elsewhere in the Town
of Gates any refuse, trash, garbage, rubbish, litter, snow, ice, sand,
gravel, cinders, topsoil, mud, earth or any other nauseous or offensive
matter. No person shall dump, deposit or place or cause to be thrown,
dumped or deposited any refuse or garbage on his property or cause
his property to be used as a dump or a refuse collection area without
first obtaining the permission of the Town Board of the Town of Gates
after a public hearing pursuant to notice as provided in the Town
Law.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the Town of
Gates except in public receptacles or in authorized private receptacles
for collection.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon private property.
No person shall sweep into or deposit in any
gutter, street or other public place within the town the accumulation
of litter from any building or lot or from any public sidewalk or
driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the town the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the town shall keep
their premises, whether owned or leased, free of litter.
No person while a driver or passenger in a vehicle
shall throw or deposit litter upon any street or other public place
within the town or upon private property.
No person shall drive or move any truck or other
vehicle within the town unless such vehicle is so constructed or located
as to prevent any load, contents or litter from being blown or deposited
on any street, alley or other public place. Nor shall any person drive
or move any vehicle or truck within the town the wheels or tires of
which carry onto or deposit in any street, alley or other public place,
mud, dirt, sticky substances, litter or foreign matter of any kind.
The owner or person in control of any private
property shall at all times maintain the premises free of litter;
provided, however, that this section shall not prohibit the storage
of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the Town of Gates whether owned
by such person or not.
[Amended 7-6-1992 by L.L. No. 1-1992; 9-7-1999 by L.L. No. 2-1999; 5-3-2021 by L.L. No. 5-2021; 6-5-2023 by L.L. No. 2-2023]
Any person or business entity who is the owner of or is in charge
of the property who commits a violation of the provisions of this
article or has control of the property and permits a violation to
exist shall upon conviction be guilty of an offense, punishable by
a fine of not less than $1,000 nor more than $5,000 upon a conviction
of a first offense; upon a conviction of a second offense, committed
within five years of the first offense, a fine of not less than $2,000
nor more than $10,000; and upon conviction of a third or subsequent
offense, committed within five years of the first offense, a fine
of not less than $4,000 nor more than $15,000 or by imprisonment not
exceeding 15 days, or by both such fine and imprisonment. Each day,
or part thereof, such violation continues, following notification
by the Town or service of a summons, appearance ticket or notice of
violation returnable before the Town Court, shall constitute a separate
offense, punishable in like manner.
