[Adopted 7-28-1989 by L.L. No. 2-1989]
[Amended 12-14-1992; 2-14-1994]
A. 
No person shall throw or deposit litter or snow in or upon any street, road, sidewalk or other public place within the Town 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, road, sidewalk or other public place or upon private property.
C. 
No person shall sweep into or deposit in any gutter, street, road 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.
D. 
Persons owning or occupying property shall keep the sidewalk, if any, in front of their premises free of litter.
E. 
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the Town.
F. 
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or weighted as to prevent any litter from being blown or deposited upon any street, or other public place; nor shall any person drive or move any vehicle or truck within the Town, the wheels or tires of which carry onto or deposit in any road or street, or other public place mud, dirt, sticky substances or foreign matter of any kind.
A. 
No person shall throw or deposit litter in any park or beach 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 beach 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 or beach by the person responsible for its presence and properly disposed of elsewhere, as provided herein.
[Amended 12-14-1992; 2-14-1994]
B. 
No person shall throw or deposit litter in any pond, river, stream or other body of water within the Town.
A. 
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 an authorized private receptacle 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 of 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. 
Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle of steel, aluminum or plastic, of 10 gallons' to 30 gallons' capacity, with tight cover, or a larger steel container with closed lid.
GARBAGE
Animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.
LITTER
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.
REFUSE
Includes garbage and rubbish.
RUBBISH
Solid wastes consisting of both combustible and noncombustible wastes, such as but not limited to paper wrappings, cardboard, tin cans, wood, glass, bedding, crockery.
TOWN
The Town of Mount Hope.
B. 
Word usage. 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 and the neuter. The word "shall" is always mandatory and not merely directory. The word "person" shall include any firm, partnership, association, corporation, company or organization of any kind.
In the event that an offender be a firm or corporation, the Town of Mount Hope shall determine the identity of the individual officer or personnel responsible for the commission of such offense, and those individuals shall be held personally liable and punishable for the offense in addition to the firm or corporation.
A. 
Any person, firm or corporation who violates the foregoing provision of this article shall be guilty of a violation, punishable by a fine not to exceed $250 or by imprisonment not to exceed 15 days, or by both such fine and imprisonment for each offense.
B. 
Each day of violation of this article shall constitute a separate offense.
C. 
In addition to the above penalties and punishment for a violation of the provisions of this article, the Town Board may also maintain an action or proceeding in the name of the Town of Mount Hope, in a court of competent jurisdiction, to compel compliance with, or to restrain by injunction, such violation.
D. 
In addition to the above penalties, the responsible person, firm or corporation shall immediately remove and properly and legally dispose of all litter illegally deposited and immediately take all measures necessary to properly and legally restore all disturbed land and surfaces to the condition preexisting the illegal littering actions.
E. 
Should the responsible person, firm or corporation fail to immediately remove the litter illegally deposited on the property, the Town of Mount Hope is hereby authorized to go upon the property and remove the illegal litter and restore the premises to its prior condition insomuch as same is possible, charging an amount equal to 150% of the Town's actual cost, including reasonable attorneys' fees, caused by noncompliance with the provisions of this article in addition to the above-provided fines and penalties.
F. 
Any expense incurred by the Town as described above shall be a lien on the property until payment is received.