[HISTORY: Adopted by the Town Board of the Town of Elmira 12-28-2000 by L.L. No. 5-2000. Amendments noted where applicable.]
This chapter shall be known as the "Local Law Prohibiting Littering and Dumping."
The Town of Elmira finds that the potential and/or actual damages that result directly and/or indirectly from littering and dumping are a problem to the residents of the Town of Elmira. The dumping of litter and other materials on streets, sidewalks, and other public places is a public nuisance that can pose safety risks and increased maintenance expenses for the Town. Materials that are deposited in or near streams or drainageways can obstruct the conveyance of water and contribute to flooding, streambank erosion, and associated property damage. In the past, dumping of yard wastes and other materials in and near streams has contributed to flooding and erosion, which have damaged Town highways and private properties. Town employees and others have undertaken the removal of materials that obstruct the flow of water in order to reduce flooding and protect property. This is extremely hazardous and can pose a threat to human life.
The purpose of this chapter is to promote the safety of Town of Elmira employees, motorists, residents, and the public; to reduce public and private losses due to flooding and erosion; and to enhance the aesthetic appeal of the public roadways. The provisions of this chapter prohibit the dumping of litter and other materials in locations where the discarded materials pose a public nuisance, namely on public roads, roadside ditches, creeks, and drainageways.
This chapter is adopted pursuant to the Municipal Home Rule Authority of the Town of Elmira as provided for in Article 2 of the Municipal Home Rule Law of the State of New York.
No person shall cast, throw, sweep, sift, or deposit in any manner in or upon any public road, sidewalk, road shoulder, roadside ditch, or other public place within the jurisdiction of the Town of Elmira any kind of dirt, rubbish, waste article, or substance, whether liquid or solid, unless such deposition is in accordance with the policies and procedures for municipal collection of leaves or other materials.
No property owner shall allow the placement of any refuse, yard waste (leaves, grass clippings, brush, etc.), tires, containers, appliances, fill, or other obstructions in any storm sewer, ditch, stream, river, drainage swale, or detention basin that regularly or periodically carries surface water runoff, except as provided for in § 138-6 of this chapter.
No property owner shall allow the placement of any refuse, yard waste, tires, containers, lumber, firewood, or other loose materials within 25 feet of the top of any streambank or riverbank.
The installation of drainage and stream improvements is not subject to the restrictions in this chapter if the following conditions are met: Prior to construction, a person designated by the Town Board must approve the project design. The project design will include consideration of the stream flow during project construction and after completion.
The Town of Elmira will inspect and document the condition of drainageways, natural and man-made, on public and private lands, in accordance with the provisions of the Drainage System Maintenance Plan, Town of Elmira, as revised.
It shall be the duty of the Code Enforcement Officer, Drainage Officer, or other individuals designated by the Town Board to investigate all complaints made under this chapter and to take appropriate legal action on all identified violations.
[Amended 6-21-2004 by L.L. No. 1-2004]
Any person found to be in violation of § 138-5B or C of this chapter shall be served by the Town of Elmira Code Enforcement Officer with written notice stating the nature of the violation and providing seven days for satisfactory correction thereof. The violator shall, within the period of time stated in such notice, permanently cease all violations.
If, after the expiration of the notification period, the violation has not been corrected, then the Code Enforcement Officer shall issue a citation upon the violator that states the nature and substance of the violation and requires the violator to appear before the Town Judge of the Town of Elmira.
Any person found by the Town Judge of the Town of Elmira to have failed to correct the dumping following notice in violation of this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined an amount no less than $50 and not to exceed $150 for each violation. If the identified debris has not been removed at the time of sentencing, the Court may direct the removal of the identified debris by a specific date. Further, if the debris is not removed by the date certain, then the Court may direct that the debris be removed by the Town of Elmira and the cost of such removal shall be assessed as restitution against the violator. The Town Judge may also sentence the violator to community service in lieu of a cash fine, if the service is devoted to remediation of the impacts of littering and dumping.