[HISTORY: Adopted by the Town Board of the Town of Onondaga 7-6-1987 by L.L. No.
6-1987. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
AUTHORIZED PRIVATE RECEPTACLE
GARBAGE
LITTER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWN
VEHICLE
For the purposes of this chapter, the following words, phrases and
terms and their derivations shall have the meanings given herein:
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.
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.
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.
A.
Litter in public places; placement in receptacles.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
Litter from vehicles.
(1)
No person shall throw or deposit litter from any vehicle upon any
street or other public place within the Town or upon private property.
(2)
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.
C.
Litter in parks, rivers and streams.
(1)
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.
(2)
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.
D.
Litter on private property.
(1)
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.
(2)
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.
A.
Generally. No garbage or refuse shall be stored or accumulated on
any premises within the Town of Onondaga except as permitted by this
chapter.
B.
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.
C.
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.
D.
Large receptacles.
(1)
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:
(a)
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;
(b)
The receptacle must be adequately painted in a solid color and
kept free of rust;
(c)
The receptacle must display reflectors or reflectorized tape;
(d)
The area around the receptacle must be kept free of debris and
spillage;
(e)
The receptacle top must be closed securely except when garbage
or refuse is actually being deposited in the receptacle; and
(f)
The receptacle must be watertight and free of leakage.
[Amended 4-1-1991 by L.L. No. 4-1991]
A.
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.
B.
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.[1]
[1]
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.
