[1]
Editor's Note: This article, formerly Article II, was redesignated for organizational purposes.
A. 
Definitions and word use. As used within this section, the following terms shall have the meanings indicated:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle of steel, aluminum or plastic of ten- to thirty-five-gallons' capacity, with tight cover or a larger steel container with closed lid.
CITY
The City of Oswego, New York.
GARBAGE
Putrescible 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 are herein prohibited, tend to create a danger to public health, safety and welfare, or tend to create blight.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the City, owned or operated by the City and devoted to active or active and passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company, or organization of any kind.
PRIVATE PREMISES
Any pond, stream, body of water, or any house, building or other structure not owned or operated by the City or other governmental unit, 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 structure.
PUBLIC PLACES
Any and all streets, roads, sidewalks, boulevards, alleys or other public ways, and any and all public parks, beaches, squares, spaces, grounds and buildings, and any and all public waterways, streams, stream beds, ponds, and rivers.
REFUSE
Includes garbage and rubbish.
RUBBISH
Nonputrescible solid wastes consisting of both combustible wastes and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding and crockery.
B. 
Word usage. When not inconsistent with the context, words used in the present tense include the future, words used in 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.
A. 
Public places.
(1) 
No person shall throw, deposit, or place litter, or cause same to be thrown, placed, or deposited in or upon any street, road, sidewalk, or other public place within the City, except in public receptacles or in authorized private receptacles for collection.
(2) 
Persons placing litter or causing litter to be thrown or deposited 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.
(3) 
No person shall sweep, throw, deposit, place, or cause to be swept, thrown, dumped, placed or deposited in any gutter, street, road or other public place within the City, the accumulation of litter from any building or lot or from any public place or private sidewalk or driveway.
(4) 
Persons owning or occupying property shall keep the sidewalk, if any, in front of their premises free of litter.
B. 
Parks, beaches, and bodies of water.
(1) 
No person shall throw or deposit or cause litter to be thrown or deposited in any park or beach within the City, 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.
(2) 
No person shall throw or deposit or cause litter to be thrown or deposited in any pond, river, stream or other body of water or within the limits of such pond, river, stream or other body of water within the City.
C. 
Private property.
(1) 
No person shall throw, deposit or place litter, or cause same to be thrown, dumped, deposited or placed on any private property within the City, 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.
(2) 
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 period of time to constitute constructive notice.
Any person who violates any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined in the following manner:
A. 
First offense: a fine of not less than $200 nor more than $250 or imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
B. 
Second offense: if the second offense occurs within six months of the first offense, the fine of not less than $300 nor more than $500 or imprisonment not to exceed 15 days, or by such fine and imprisonment.