[HISTORY: Adopted by the Town Board of the Town of Oneonta 8-9-1989 by L.L. No.
2-1989. Amendments noted where applicable.]
The Town of Oneonta finds that in order to safeguard the health,
safety and welfare of the residents of the Town of Oneonta, to safeguard
their material and property rights against unwarranted invasion and
in order to protect, preserve and maintain property values, minimize
nuisance and protect against health hazards, there shall be enacted
this chapter to control littering and dumping within the Town of Oneonta
and to establish and fix the penalties for violation thereof.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section.
The relinquishment of any item of personal property and/or
litter with the intention of not reclaiming it nor resuming its ownership
or enjoyment; and intent shall be presumed at the expiration of 48
hours from the time of abandonment.
Residue from fires used for cooking and heating and on-site
incineration.
A bulk storage container for garbage and other waste materials
that can be hauled directly to the point of disposal or emptied into
a larger compactor-type truck for disposal.
Includes:
Garbage, refuse, trash or rubbish or any nauseous or offensive
matter, such as material from a kitchen, store, restaurant, food stand,
etc.
All waste materials customarily handled or collected by refuse
collectors or junk dealers.
Items known as junk, regardless of size, discarded or abandoned
by reason of obsolescence, age or state of repair or intended to be
discarded, abandoned or junked.
Discarded reading material, newspapers, magazines or similar
paper goods.
Cans, bottles, containers, boxes, cartons or wrappers, with
or without contents.
Includes throwing from a vehicle of any type or from an aircraft
or boat.
The Town of Oneonta, New York.
All trash, refuse, junk, offal and discarded items, including
rubbish.
A.
No person shall throw, deposit or abandon litter on any property
within the Town of Oneonta, whether public or private and whether
or not owned by such person, nor shall any property owner use his
land for the dumping of litter or permit such dumping or accumulation
of litter on his property by others, except that the owner or person
in control of private property shall maintain private receptacles
for the collection of litter in such manner that litter will not be
carried or deposited by the elements upon the yards or yard or premises
of others or upon the streets, roads, highways or public place or
places.
B.
Litter 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 refuse collector, salvage dealer, licensed junk 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 48 hours.
C.
No person shall throw or deposit or abandon litter upon any open
or vacant property within the town, regardless of the ownership thereof.
D.
No person shall throw or 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 such garbage.
E.
No person shall throw or deposit or abandon any litter or foreign
matter of any kind whatsoever in any 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.
F.
The prohibitions contained herein against the deposit of litter shall
include activities such 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.
Location, use and condition requirements shall be as follows:
A.
All permanent dumpsters shall be enclosed on all sides by a solid
fence and gate enclosure, the height of which shall exceed the height
of the dumpsters by a minimum of one foot.
B.
No dumpster shall be located in or on a public right-of-way. Dumpsters
shall be set back a minimum of 20 feet from any road right-of-way
or property line.
C.
Garbage and other waste materials must be completely contained within
the dumpster. No accumulation of garbage or waste materials will be
permitted outside the confines of the dumpster, nor will it be permitted
to accumulate garbage or other waste materials so that the dumpster
cover cannot be firmly closed.
D.
Dumpsters shall be equipped with covers which shall remain closed
at all times except when garbage or waste materials are being deposited
therein.
E.
All dumpsters shall be kept in good repair, be structurally sound,
leakproof and be easily opened and closed. Dumpsters shall be painted
as required to prevent the show of rust and deterioration and be so
constructed as to stand firmly upright.
F.
All dumpsters shall have the name of the company or individual owning
such dumpster clearly printed, in letters at least three inches high,
on either the front or the back of such dumpster.
G.
Dumpsters shall be of sufficient size to hold all garbage and waste
materials generated from the building or buildings serviced by that
dumpster.
It will be unlawful for any person, other than those persons authorized, to discard any rubbish, litter or waste materials in a dumpster owned or leased by any other person or entity, and any unauthorized use of a dumpster shall be subject to the penalties as set forth in § 52-6.
A person convicted of violating any provision of this chapter
shall be guilty of a violation which is punishable by a maximum sentence
of a fine of $250 or 15 days imprisonment, or both.
It shall be the duty of the Code Enforcement Officer and police
and peace officers to administer and enforce the provisions of this
chapter.
