[HISTORY: Adopted by the Town Board of the Town of Lyons. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Litter Control Law of the Town of Lyons."
Littering creates visual pollution, health and safety hazards, and imposes a financial burden upon the taxpayers of the Town of Lyons. The purpose of this chapter is to establish controls over littering in the Town by residents and nonresidents and to reduce and work toward eliminating the above problems to promote the health, safety, and general welfare of the public.
Words used in the present tense include the future; the singular shall include the plural; the plural, the singular; the masculine, the feminine; and the word "shall" is mandatory and not permissive.
When used in this chapter, unless otherwise expressly stated or the context or the subject matter otherwise requires, the following terms shall have the meanings indicated:
- LITTER (NOUN)
- Includes the following items left, posted, thrown, dropped, discarded, abandoned, cast aside, blown or dropped from vehicles or otherwise, without the intention of reclaiming the same, within the Town: paper products, plastics, tobacco products, food products, waste and residue therefrom, vehicles or vehicle parts or tires, newspapers, magazines, publications, handbills, and similar products, rags, cans, bottles, boxes, cartons, wrappers, and containers of any sort, with or without contents, garbage, rubbish, refuse, debris, offal, trash and any and all materials customarily collected and disposed of by trash collection companies and/or the Town.
- LITTER OR LITTERING (VERB)
- To intentionally or negligently leave, post, throw, drop, discard, abandon, cast aside, permit to be blown or dropped from a vehicle or otherwise, or to allow to be posted, thrown, dropped, discarded, abandoned, or cast aside, any litter within the Town, or to place any thing that is commercial, household, industrial or municipal waste in any trash receptacle owned or maintained by the Town, without prior written approval of the Town. The depositing of litter in public receptacles intended for such purpose shall not constitute littering.
- One who litters (or who permits littering) as defined herein.
- PRIVATE PROPERTY
- Any real property not constituting public premises as hereinafter defined.
- PUBLIC PROPERTY
- Any real property owned or leased by the State of New York or any of the subdivisions thereof, including the Town of Lyons, and the Lyons Central School District.
- The Town of Lyons.
- TOWN BOARD
- The Town Board of the Town of Lyons.
No person shall, without the consent of the public authority having supervision of public property or the owner of private property within the Town, dump, deposit, place, throw, leave, or cause or permit the dumping, depositing, placing, throwing, leaving of, or accumulation of litter on public or private property or water other than property designated and set aside for such purposes by law.
No person shall move or interfere with a litter receptacle that has been provided by the Town without prior written approval by the Town.
Each violation of any provision of this chapter shall be deemed a violation as defined by the Penal Law of the State of New York, and any person found guilty thereof shall be liable, for each offense, to a fine which shall not exceed $250, or to imprisonment not to exceed 15 days, or to both such fine and imprisonment. The Town Court of the Town of Lyons is invested with jurisdiction to hear and determine actions brought pursuant to this chapter.
This chapter shall be enforced by the Code Enforcement Officer of the Town of Lyons, the Highway Superintendent of the Town of Lyons, and any other person having police power within the Town of Lyons.
If any provision of this chapter is held to be unenforceable under then-current laws, the enforceability of the remaining provisions shall not be affected thereby.