[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville 9-22-1969 by L.L. No. 3-1969 (Ch. 44 of the 1971
Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Litter
Control Law of the Village of Baldwinsville."
For the purposes of this chapter, the following words, phrases
and terms and their derivations shall have the meaning given herein.
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.
A litter storage and collection receptacle of steel, aluminum
or plastic, of ten- to thirty-gallon 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.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, paper, booklet, or any other printed or otherwise
reproduced original or copies of any matter of literature.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare or tends
to create blight.
A printed publication issued at regular intervals, including
any periodical or current magazine regularly published with not less
than four issues per year and sold to the public, commonly containing
news, comment, features and advertisements; including any newspaper
duly entered with the Post Office Department of the United States,
in accordance with federal statute or regulation.
A park, reservation, playground, beach, recreation center
or any other public area in the city, owned or operated by the city
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 city, 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, sidewalks, boulevards, alleys or other
public ways, and any and all public parks, squares, spaces, ground
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleaning, dead
animals, abandoned automobiles, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
wastes such as, but not limited to, paper wrappings, cardboard, tin
cans, wood, glass, bedding, crockery.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway or public street.
The Village of Baldwinsville.
A.
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within the Village except in public receptacles
or in authorized private receptacles for collection.
B.
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.
C.
No person shall sweep into or deposit in any gutter, street or other
public place within the Village the accumulation of litter from any
building or lot, or from any public or private sidewalk or driveway.
D.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
A.
No person shall throw or deposit litter from any vehicle upon any
street or other public place within the Village or upon private property.
B.
No person shall drive or move any truck or other vehicle within the
Village unless such vehicle is so constructed or loaded as to prevent
any load, contents or litter from being blown or deposited upon any
street, alley or other public place or private property.
C.
No person shall drive or move any vehicle or truck within the Village,
the wheels or tires of which carry onto or deposit in any street,
alley or other public place sticky substances or foreign matter of
such kind which adheres to the road surface.
A.
No person shall throw or deposit litter in any park within the Village
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, 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.
B.
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 Village.
A.
No person shall throw or deposit litter on any private property within
the Village, 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, sidewalk or other public place, or
upon private property.
B.
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.
In public places. No person shall throw or deposit any handbill in
or upon any sidewalk, street or other public place within the Village.
No person shall hand out or distribute any handbill in any public
place except to persons willing to accept it.
B.
On vehicles. No person shall throw or deposit any handbill in or
upon any vehicle; except it shall not be unlawful in any public place
for a person to hand out or distribute a handbill to any occupant
of a vehicle who is willing to accept it.
C.
On private property. No person shall throw or deposit any handbill
in or upon any private premises which are:
(1)
Temporarily or continuously uninhabited or vacant;
(2)
Posted with a sign placed in a conspicuous position near the entrance
thereof bearing the words "No Peddlers or Agents," "No Advertisements"
or words of similar import indicating the desire of the occupants
not to have such handbills left upon such premises, or where an occupant
expressly directs the person not to throw, deposit or distribute the
handbill on the premises;
(3)
Inhabited, but not posted or subject to an express warning by an
occupant, except by handing or transmitting any such handbill directly
to an occupant, unless he places or deposits any such handbill so
as to secure or prevent it from being blown or drifted about the premises
or sidewalks, streets or other public ways.
D.
The provisions of this section shall not apply to the distribution
of mail by the United States, nor to newspapers (as defined herein),
except that newspapers shall be placed on private property in such
a manner as to prevent their being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private property.
[Added 7-18-1994 by L.L. No. 7-1994]
If the assessed owner of property does not remove any debris
described in this chapter within five days of notice duly mailed to
said owner, the Superintendent of Public Works shall be authorized
to remove or contract for removal of said debris and dispose of the
same, and all costs of removal shall be assessed against said property
and collected in the manner provided by law. These charges shall be
in addition to any other penalties and/or fines assessed pursuant
to this chapter.
[Amended 7-18-1994 by L.L. No. 7-1994]
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine not exceeding $250 or be punished
by a penalty of not exceeding $250 to be recovered by the Village
of Baldwinsville in a civil action. Every day of such violation may
be held to constitute a separate offense. As an alternative, upon
violation of this chapter, the Village, in addition to other remedies,
may institute an action or proceeding, including an injunction to
prevent violation of this chapter.
