A clean, wholesome and attractive environment is important to
the health, safety and welfare of the inhabitants of the community.
Unrestrained accumulation of dirt, filth, waste or rubbish in the
streets, highways, sidewalks and waterways within the jurisdiction
of the Town of LaFayette or public places is a hazard to such health,
safety and welfare, necessitating the regulation, restraint and elimination
thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
GARBAGE
Includes:
A.
Wastes resulting from the handling, preparation, cooking and
consumption of food;
B.
Dead animals or parts thereof;
D.
All waste or discarded wood, lumber or vegetable matter of any
kind, or any other matter which shall be inflammable or capable of
fermentation or decay.
RUBBISH
Includes combustible and noncombustible materials, including,
but not limited to, waste metal, tin cans, ashes, glass, pottery,
building rubble, household furniture and clothing.
SOLID WASTE
Includes materials or substances discarded or rejected as
being spent, useless, worthless or in excess to the owner at the time
they are discarded or rejected, except sewage and other highly diluted
water-carried materials or substances or those in gaseous form. Solid
waste shall include, but not be limited to, garbage, ashes, rubbish,
trash and construction or demolition debris.
TRASH
Includes any other discarded substance not included in the
definitions of "garbage", "rubbish" or "solid waste".
PERSON
Includes natural persons, corporations, partnerships, unincorporated
associations or any other legal entity or organization of two or more
persons.
STREET
Includes any road, avenue or public highway in the Town of
LaFayette.
TOWN
Includes all areas within the Town of LaFayette, exclusive
of areas wholly within any incorporated village.
No person shall throw or deposit garbage, rubbish, solid waste
or trash in or upon any street, sidewalk or other public place within
the Town except in public receptacles, in authorized private receptacles
for collection or in areas approved by the Town for dumping of refuse.
Persons placing garbage, rubbish, solid waste or trash in public
receptacles or in authorized private receptacles shall do so in a
manner that will prevent the garbage, rubbish, solid waste or trash
from being carried or deposited by the elements upon any street, sidewalk
or other public place within the Town or upon private property.
No person, while a driver or passenger in a vehicle, shall throw
or deposit garbage, rubbish, solid waste or trash upon any street,
sidewalk, waterway or other public place within the Town or upon private
property.
No person shall throw or deposit garbage, rubbish, solid waste
or trash in any municipal property within the Town, including, but
not limited to Town parks, except in public receptacles and in a manner
that will prevent the garbage, rubbish, solid waste or trash from
being carried or deposited by the elements upon any part of the Town
property or upon any street, sidewalk or other public place or upon
private property. In the event a Town park is used by any group of
persons, all garbage, rubbish, solid waste or trash resulting from
the use shall be carried away from the Town park by the group of persons
responsible for its presence and properly disposed of elsewhere.
No person shall throw or deposit garbage, rubbish, solid waste
or trash on any occupied private property within the Town, whether
owned by such person or not, except that the owner or person in control
of private property may maintain authorized private receptacles for
collection in such manner that garbage, rubbish, solid waste or trash
will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place within the Town or
upon any private property.
No person shall throw or deposit garbage, rubbish, solid waste
or trash on any open or vacant private property within the Town, whether
or not the person owns the private property.
The LaFayette Superintendent of Highways, as authorized by the
Town Board of the Town of LaFayette, shall post appropriate signs
stating the prohibition against littering and the fine per offense
of $500.
[Amended 12-8-2020 by L.L. No. 2-2020]
Any person violating any of the provisions of this chapter shall, upon conviction, be punishable as set forth in Chapter
1, Article
II, General Penalty, of the Town Code.
The Town Board of the Town of LaFayette has enacted this chapter
pursuant to its authority under New York Town Law §§ 130(7),
(15) and 135.