This article shall be known as and cited as the "Litter Law."
A. 
Prohibited acts.
(1) 
No person shall throw, deposit or abandon litter on any property within the Town, whether public or private, and whether or not owned by such person; nor shall any property owner use his land for the dumping of litter or permit such dumping or accumulation of litter on his property by others, except that the owner or person in control of private property shall maintain private receptacles for the collection of litter in such a manner that litter will not be carried or deposited by the elements upon the yard or yards or premises of others or upon the streets, roads, highways or public places.
(2) 
No person shall maintain or cause to be maintained on any premises a one-and-one-half cubic yard or larger receptacle for garbage or refuse, commonly known as a "dumpster," unless at all times said receptacle meets the following requirements:
(a) 
The area around the receptacle must be kept free of debris and spillage, and the receptacle top must be closed securely, except when garbage or refuse is actually being deposited in the receptacle.
(3) 
Litter not contained in receptacles as aforesaid shall not be stored or piled on the land within the Town, except to facilitate delivery to the vehicle or a refuse collector, salvage dealer, licensed junk dealer or a person, firm or charitable organization customarily engaged in the removal, purchase, collection or salvage of discarded articles, and, in such case, shall not be so stored in anticipation of such collection for a period in excess of 48 hours.
(4) 
No person shall throw, deposit or abandon litter upon any open or vacant property within the Town, regardless of the ownership thereof.
(5) 
No person shall throw, deposit or abandon litter in or upon any street, highway, walk, park, parking area or other public place within the Town, except in designated public receptacles; provided, however, that no litter defined as garbage shall at any time be thrown or deposited in public receptacles unless such receptacles are specifically designated and marked for the reception of such garbage.
(6) 
No person shall throw, deposit or abandon any litter or foreign matter of any kind whatsoever in any pool, pond, lake, stream, culvert, reservoir or its tributaries or watershed or any body of water in a park or within the Town, except that this provision shall not prohibit the authorized treatment and control of pools or reservoirs to control or regulate water purity or aquatic vegetation by persons or corporations having all required permits issued by state, county, Town or watershed authorities having jurisdiction over such treatment.
B. 
Any land designated by the Town Board of the Town as a sanitary landfill by the Town of Rosendale shall be excepted.
Enforcement will be maintained by the police and/or the Town of Rosendale Building Inspector or that person or persons duly designated by the Town Board of the Town of Rosendale.
Each and every violation of this article shall constitute and shall be a violation as defined in Article 10 and 10.00, Subdivision 3, of the Penal Law and shall be punishable as follows:
A. 
By a minimum fine of $50 and not to exceed $100 and/or by imprisonment for a period of 15 days.
B. 
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article.