[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:
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.
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.
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
A.Â
No person shall throw or deposit litter from any vehicle
upon any street or other public place within the Town or upon private property.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
