[HISTORY: Adopted by the Town Board of the Town of Onondaga 7-6-1987 by L.L. No. 6-1987. Amendments noted where applicable.]
Solid waste — See Ch. 237.
The purpose of this chapter shall be to protect and promote the health, safety and welfare of the people of the Town of Onondaga by controlling littering and regulating the storage of garbage and refuse within the Town of Onondaga.
When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular, words used in the singular number include the plural, and words in the masculine include the feminine. The word "shall" is always mandatory and not merely directory.
For the purposes of this chapter, the following words, phrases and terms and their derivations shall have the meanings given herein:
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle of steel, aluminum or plastic of 10 to 30 gallons' capacity with tight cover, or larger steel container with closed lid.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Garbage, refuse and rubbish, as defined herein, and all other waste materials which, if thrown or deposited as herein prohibited, tend to create a danger to public health, safety and welfare or tend to create blight.
- A park, playground, recreation center or any other public area in the Town, owned by the Town and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any house, building or other structure not owned or operated by the Town, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, ground, parking lot, walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such house, building or other structure.
- PUBLIC PLACE
- Any and all streets, highway rights-of-way, sidewalks or other public ways and any and all public or quasi-public parks, spaces, grounds and buildings, including school grounds.
- All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, incinerator residue, street cleanings, offal, dead animals, abandoned automobiles and any parts thereof, agricultural wastes, commercial wastes, industrial wastes and construction and demolition debris.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as but not limited to paper wrappings, cardboard, tin cans, wood, glass, bedding and crockery.
- The Town of Onondaga.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or public street.
Litter in public places; placement in receptacles.
No person shall throw or deposit litter in or upon any street, highway right-of-way or other public place within the Town, except in public receptacles or in authorized private receptacles for collection. No person shall throw or deposit litter in any private receptacle which he does not own without the consent of the owner thereof.
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, highway right-of-way 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.
No person shall sweep into, throw, deposit or cause to be deposited in any gutter, street, highway right-of-way or other public place within the Town any accumulation of dirt, mud, stone or combination thereof. The owner of the property, the lessee of property and, as the case may be, the operator of any business thereon, including the business of building construction, shall take all steps necessary to prevent dirt, mud and stone from being deposited in any gutter, street, highway right-of-way or other public place by any person, vehicle or natural means, such as but not limited to erosion and runoff from said property. Nothing contained in this subsection shall be construed as prohibiting the use in a reasonable manner of sand or stone for the purpose of reducing the hazard of, or providing traction on, snow, ice or sleet.
Litter from vehicles.
No person shall throw or deposit litter from any vehicle 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 loaded as to prevent any load, contents or litter from being blown or deposited upon any street or other public place or private property.
Litter in parks, rivers and streams.
No person shall throw or deposit litter in any park within the Town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public or private place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any pond, river, stream or any other body of water in a park or elsewhere within the Town.
Litter on private property.
No person shall throw or deposit litter on any private property within the Town, whether owned by such person or not and whether occupied or vacant, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, highway right-of-way, sidewalk or other public place or upon private property.
The owner or person in control of private property or any portion thereof shall at all times maintain the premises, or that portion controlled by him, free of litter, except when stored properly in authorized private receptacles for collection, when such person shall have actual notice thereof or when said litter shall have been present a sufficient length of time to constitute constructive notice.
Generally. No garbage or refuse shall be stored or accumulated on any premises within the Town of Onondaga except as permitted by this chapter.
Accumulation of garbage and refuse except for collection. No person shall allow accumulation of garbage or refuse upon the premises owned or occupied by him, except for the purpose of being collected, and no garbage or refuse shall be burned in an open fire or in a metal basket, can or drum in any part of the Town.
Required number and type of receptacles. Every person who is an owner, lessee or occupant of any residence, building, premises or place of business within the Town shall provide, or cause to be provided, and at all times keep suitable and sufficient authorized private receptacles for receiving and containing garbage or refuse that may accumulate or be used upon said premises. No such receptacle shall be kept near any public place longer than may be necessary for the removal of the contents thereof. All receptacles used for the reception of garbage or refuse shall be provided with proper covers, and such receptacles shall at all times be securely closed and watertight.
No person shall maintain or cause to be maintained, on any premises, a 1 1/2 cubic yard or larger receptacle for garbage or refuse, commonly known as a "dumpster," unless at all times said receptacle meets the following requirements:
The receptacle owner's name must be clearly displayed on the receptacle in lettering no smaller than four inches and no larger than six inches;
The receptacle must be adequately painted in a solid color and kept free of rust;
The receptacle must display reflectors or reflectorized tape;
The area around the receptacle must be kept free of debris and spillage;
The receptacle top must be closed securely except when garbage or refuse is actually being deposited in the receptacle; and
The receptacle must be watertight and free of leakage.
The requirements of Subsection D(1)(e) and (f) above shall not apply to receptacles which are used exclusively for the following purposes:
[Amended 4-1-1991 by L.L. No. 4-1991]
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each day of continued violation, after written notice thereof, shall constitute a separate additional violation.
In addition to other remedies, the Town may institute any appropriate action or proceeding to compel compliance with or to restrain, correct or abate any violation of this chapter.
Town of Onondaga L.L. No. 4-1967, adopted by the Town Board on October 18, 1967, and L.L. No. 10-1977, adopted by the Town Board on December 19, 1977, and all amendments to said local laws, are hereby repealed.
Editor's Note: L.L. No. 4-1967, adopted 10-18-1967, comprised former Ch. 18, Garbage and Refuse. L.L. No. 10-1977, adopted 12-19-1977, comprised former Ch. 21, Littering.