[HISTORY: Adopted by the Town Board of the Town of Webb at
time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Amendments noted where applicable.]
This chapter shall be cited and may be referred to hereinafter
as the "Littering Law of the Town of Webb."
It is the intention of the Town Board of the Town of Webb by
the adoption of this chapter to prevent the maintenance of any parcel
of real property in the Town of Webb in a cluttered or unclean condition
which renders it aesthetically offensive or creates the potential
for a public nuisance or a public health hazard.
A.
GARBAGE
LITTER
PARK
PERSON
PUBLIC PLACE
REFUSE
RUBBISH
TOWN
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
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 material which, if thrown or deposited as herein prohibited,
tends to create a danger to the public health, safety and welfare;
this includes the abandoning of vehicles or the stripping and junking
of any vehicles.
A park, reservation, playground, beach, recreation center
or any other public area in the Town, owned or used by the Town and
devoted to active or passive recreation.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
All publicly owned property, including any and all streets,
sidewalks, highways, basements, boulevards, alleys or other public
ways; any and all public parks, squares, spaces, grounds, buildings
and school property; posts, hydrants, trees, street lamps, utility
poles and traffic signs; and anything affixed thereto and thereover.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, automobile parts and solid market
and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
materials.
The Town of Webb.
B.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular number, and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
No person shall throw, deposit or place or permit to be deposited
or scattered in or upon any street, lot, sidewalk or other public
place, or upon any private property within the Town, any litter or
other material of any kind, except in public or private receptacles
for collection or in official Town dumps.
Persons placing litter in public or private receptacles shall
do so in such a manner as to prevent it from being carried or deposited
by the elements upon any street, lot, sidewalk, or other public place
or upon any private property.
No person shall sweep into or deposit in any gutter, street
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.
Persons owning or occupying property or places of business shall keep
the sidewalk in front of their premises free of litter.
No person shall throw, deposit or place or permit to be deposited
or scattered in or upon any park property or upon any pond, lake,
stream or other body of water in a park or elsewhere within the Town
any litter or other material of any kind. All such material is to
be deposited in public receptacles, where available, and where receptacles
are not available, litter is to be removed from the park by the person
responsible for its presence and properly disposed of elsewhere. All
litter or other such material shall be placed in receptacles in such
a manner as to prevent it from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
A.
Any person who shall violate any of the provisions of this chapter
shall be guilty of a violation of this chapter. In addition to any
other penalty or remedy herein provided, each and every violation
of this chapter shall be punishable by a maximum fine of $250 or a
maximum term of imprisonment of 15 days, or both.
B.
In the case of continuing violation of this chapter, each week that
such violation exists shall constitute a separate and distinct offense.
C.
In addition to all other remedies provided for herein, the Town Board
may also enforce obedience to this chapter by injunction or by any
other remedy available to it by virtue of the judicial process.
D.
The remedies contained within this chapter shall further not be exclusive,
but shall be in addition to any other remedy provided by law, so long
as not inconsistent herewith, nor shall the invoking of any remedy
or procedure contained within this chapter preclude the pursuit of
any and all other remedies, and the same are intended to be cumulative.