[HISTORY: Adopted by the Town Board of the Town of Verona
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-5-1990 by L.L.
No. 1-1990 (Ch. 128, Art. I, of the 1998 Code)]
The purpose of this article shall be to protect and promote
the health, safety and welfare of the people of the Town of Verona
by controlling littering and regulating the storage of garbage and
refuse within the Town of Verona.
For the purposes of this article, the following words, phrases
and terms and their derivations shall have the meanings 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 10 to 30 gallons' capacity with tight cover or
a 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,
tends to create a danger to public health, safety and welfare or tends
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 Verona.
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 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.
[Amended 5-4-1998 by L.L.
No. 1-1998]
(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 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.
[Amended 5-4-1998 by L.L.
No. 1-1998]
(4)
No person shall sweep into, throw, deposit or cause to be deposited
in any gutter 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 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 said or
stone for the purpose of reducing the hazard of, or providing traction
on, snow, ice or sleet.
[Amended 5-4-1998 by L.L.
No. 1-1998]
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 water of the state
in violation of Environmental Conservation Law, Article 17.
[Amended 5-4-1998 by L.L.
No. 1-1998]
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.
A.
Generally. No garbage or refuse shall be stored or accumulated on
any premises within the Town of Verona, except as permitted by this
article.
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 purposes 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 except as is permitted
pursuant to the provision of L.L. No. 1-1990 of the Oneida County
Board of Legislators adopted on December 13, 1989.
[Amended 8-6-1990 by L.L.
No. 3-1990]
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.
Garbage
to be placed out on scheduled days. Garbage, refuse, and recyclables
may only be placed out on scheduled days of pickup; this includes
the evening prior to the day of pickup. Containers must be placed
at curbside no later than 5:30 a.m. the day of pickup, and no sooner
than 5:00 p.m. the evening prior to the day of pickup, in order to
receive the service provided. All empty containers must be removed
from the curbside no later than 7:00 p.m. on the day of pickup.[1]
E.
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 5-4-1998 by L.L.
No. 1-1998]
Any person violating any of the provisions of this article shall
be punished, upon conviction, by a fine of not more than $250 or imprisonment
not to exceed 15 days, or both. Each day of continued violation of
this article, after written notice thereof, shall constitute a separate
additional violation. In addition, the Town may also institute an
action or proceeding, including an injunction, to compel compliance
with or prevent violation of this article.
[The recycling program and regulations of Oneida County
are controlling in the Town of Verona.]
