[HISTORY: Adopted by the Town Board of the
Town of Van Buren 7-26-1995 by L.L. No. 4-1995; amended in its entirety 6-1-2004 by L.L. No. 1-2004. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 162.
The purpose of this chapter shall be to protect
and promote the health, safety and welfare of the citizens of the
Town of Van Buren, to protect, preserve and maintain property values,
to avoid nuisances and to protect against potential health hazards
by controlling littering and dumping, and regulating the storage of
refuse within the Town of Van Buren.
For the purposes of this chapter, the following
words, phrases and terms and their derivations shall have the following
meanings:
To discard, deposit, bury or burn personal property in such
a manner and/or under such circumstances as would reasonably indicate
a relinquishment of ownership and control of such property with no
associated acceptance of ownership thereof, or responsibility therefor
by another party.
Animal and vegetable wastes resulting from the handling,
processing, preparation, cooking and consumption of food.
Items of personal property no longer in a useful or functional
condition by reason of obsolescence, age or disrepair, including but
not limited to appliances, equipment and vehicles, and parts thereof.
Garbage, yard waste, junk and recyclables, as defined herein,
and all other waste materials discarded, abandoned or deposited as
herein prohibited.
[Amended 7-19-2011 by L.L. No. 3-2011]
Any corporation, organization or entity, as well as natural
persons.
All solid wastes, except body wastes, including, but not
limited to, garbage, junk, recyclables, ashes, incinerator residue,
street cleanings, dead animals and construction and demolition debris.
Solid wastes consisting of both combustible and noncombustible
materials which may be returned to a vendor or supplier for a cash
deposit, or which are accepted as recyclable by the Onondaga County
Resource Recovery Agency, including, but not limited to, paper, cardboard,
cans and bottles.
Tree trimmings, brush, or shrubbery trimmings, leaves, grass
clippings, trees, brush or shrubbery or portions thereof severed from
their roots, or uprooted trees, brush or shrubbery.
[Added 7-19-2011 by L.L. No. 3-2011]
A.Â
Litter in public or private places; placement in receptacles.
(1)Â
No person shall throw, dump, or abandon litter in
or upon any public or private property, whether or not owned by such
a person, within the Town of Van Buren except in authorized public
or private receptacles for collection and temporary storage that prevent
any such litter from being blown, washed or otherwise carried away
from the receptacle by the elements, vermin, or animals. No person
shall place any litter in any such receptacle which is not owned by
said person without the consent of the owner of such receptacle.
(2)Â
No person, with the exception of authorized Town employees,
shall sweep into or deposit in any street, gutter or other public
place within the Town of Van Buren any accumulation of litter or any
other material from any building or lot or from any public or private
sidewalk or driveway.
B.Â
Litter from vehicles.
(1)Â
No person shall throw, dump, abandon, or release litter
from any boat, aircraft or vehicle as defined in the Vehicle and Traffic
Law in or upon any public or private property, including any public
or private river, lake, stream, pond, or other body of water within
the Town of Van Buren.
(2)Â
No person shall drive or move any vehicle within the
Town of Van Buren unless such vehicle is so constructed and loaded
as to prevent any of the vehicle's load or contents, or any litter,
from being blown therefrom and deposited upon any street or other
public or private property.
A.Â
A violation of this chapter is hereby declared to
be a misdemeanor, punishable by a fine not less than $100 nor greater
than $500 and/or imprisonment for a period not to exceed 30 days for
a conviction of a first offense; for a conviction of a second offense,
punishable by a fine of $750 and/or imprisonment for a period not
to exceed 30 days; and for a conviction of a third or subsequent offense,
punishable by a fine of $2,000 and/or imprisonment for a period not
to exceed 30 days. Each day of continued violation, after written
notice thereof, shall constitute a separate violation.
B.Â
In addition to any other available remedies, the Town
of Van Buren may institute any appropriate civil action or proceeding
to compel compliance with, and/or to restrain, correct or abate any
violation of this chapter.
C.Â
Any person violating any of the provisions of this
chapter shall become liable to the Town for any expenses, loss or
damage occasioned by the Town by reason of such violation, including
the cost of any criminal or civil proceeding to compel compliance
with the provisions of this chapter and/or the cost to remedy any
violation of this chapter, including but not limited to court costs,
attorney's fees, costs of cleanup, removal and disposal, and/or any
other costs incurred by the Town in the enforcement of this provision.
