[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:
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.
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.
Any real property not constituting public premises as hereinafter
defined.
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.
The Town Board of the Town of Lyons.
A.Â
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.
B.Â
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.
