[HISTORY: Adopted by the Town Board of the Town of Irondequoit 6-17-2003 by L.L. No. 7-2003; amended in its entirety 1-20-2004 by L.L. No. 1-2004. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Anti-Litter Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle as required and authorized in ordinances regulating garbage and waste disposal.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature.
- Garbage, refuse and rubbish as defined herein and all other waste material 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 plot, tract, premises or parcel of land with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.
- A park, reservation, playground, beach, recreation center or any other public area in the Town owned or operated by the Town and devoted to active or passive recreation.
- Any person, property owner, firm, partnership, association, corporation, company, or organization of any kind.
- PRIVATE PREMISES
- 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.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, concrete, asphalt, building materials and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper, wrappings, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding and crockery.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or public street.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Town, nor on any property owned by the Town, except in public receptacles or in authorized private receptacles for collection.
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.
No person shall sweep into or deposit in any gutter, street 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.
Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person shall throw or deposit litter from any vehicle upon any street or other public place within the Town or upon private property.
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, alley or other public place or private property.
No person shall drive or move any vehicle or truck within the Town, the wheels or tires of which carry onto or deposit in any street, alley or other public place sticky substances or foreign matter of such kind which adheres to the road surface.
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, 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 property, disposed of elsewhere, as provided herein.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the Town.
The provisions of this chapter shall be enforced by members of any police department, the Commissioner of Public Works/Superintendent of Highways or his designee(s), the Director of Development Services or his designee(s) or the Fire Marshal. Any person found violating this chapter may be issued an appearance ticket directing the violator to appear in a designated local criminal court at a designated future time in connection with this alleged commission of a designated offense of this chapter. A violation of this chapter will result in a fine not to exceed $500 and/or community service. In addition, any person littering or disposing of refuse in a public place or on property owned by the Town shall be liable to the Town in a civil action for the costs of removal of such litter or refuse and the restoration of said public place or land to its condition before the litter or refuse was disposed of at the site.
In the event that Town personnel are required to restore any premises to its original condition due to a person littering, any person who has littered or disposed of refuse shall reimburse the Town for the cost, including out-of-pocket administrative expense of the work performed or services rendered by direction of the Town as hereinabove provided.
Should any section, paragraph, sentence, clause or phrase in this chapter be declared unconstitutional or invalid for any reason, the remainder of the chapter shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of this chapter are declared to be severable.