[HISTORY: Adopted by the Town Board of the
Town of DeWitt 12-10-2007 by L.L. No. 6-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Department of Development and Operations — See Ch. 15.
Brush, grass and weeds — See Ch. 67.
Parks and recreation areas — See Ch. 137.
Solid waste — See Ch. 158.
Streets and sidewalks — See Ch. 161.
[1]
Editor's Note: This local law also repealed
former Ch. 118, Littering, adopted 11-8-1971, as amended.
As used in this definition, the following terms
shall have the meanings indicated:
Littering is the placing or storing out of doors recyclables;
yard and garden waste; human waste; demolition waste; medical, toxic,
explosive or radioactive wastes; or junk motor vehicles, household
or commercial equipment, furnishings or assemblies or parts thereof
on public or private property in the Town of DeWitt.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the Town except
in public receptacles, in authorized private receptacles for collection
or in areas approved by the Town for the dumping of refuse.
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.
A.
No person owning, managing or occupying a premises
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.
B.
The owner or managing agent, lessee or tenant shall
keep his or her entire premises free from all litter.
C.
In any facility that contains common areas and/or
common parking areas, the owner or managing agent shall keep such
common areas and/or common parking areas free from all litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter 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, nor shall any person
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 mud, dirt, sticky substances, litter or foreign matter
of any kind.
No person shall throw or deposit litter in any
park within the Town. All such litter shall be carried away from the
park by the person responsible for its presence and disposed of properly.
No person shall throw or deposit litter on any
occupied private property within the Town, whether owned by such person
or not, except that the owner or person in control of private property
may maintain authorized private receptacles for collection in such
a manner that litter will be prevented from being carried or deposited
by the elements upon any street or other public place or upon any
private property.
The owner, managing agent, lessee, tenant or
person in control of any private or public property shall at all times
maintain the premises free of litter; provided, however, that this
section shall not prohibit storage of litter in authorized receptacles
for collection.
No person shall throw or deposit litter on any
open or vacant private property within the Town, whether owned by
such person or not.
[Amended 5-11-2009 by L.L. No. 2-2009]
A.
Notice to remove. The Department of Development and
Operations is hereby authorized and empowered to notify the owner
of any real property within the Town of DeWitt, or the agent of such
owner, to properly dispose of litter, which shall include any and
all yard waste that comes from such owner’s property, that is
dangerous and/or hazardous to the safety, health and/or welfare of
the public. Such notice shall be served by certified mail and addressed
to the owner at his or her last known address or may be posted at
the subject premises and shall commence at the time of such mailing
or posting.
B.
Action upon noncompliance. Upon the failure of any real property owner or agent of such property owner to properly dispose of litter, which shall include any and all yard waste, that is dangerous and/or hazardous to the safety, health and/or welfare of the public within three days as set forth in Subsection A, or within seven days as set forth in Subsection A in the event said notice is returned to the Town due to any reason other than the action of the Town, the Department of Development and Operations is hereby authorized and empowered to remove or dispose of said litter, which shall include any and all yard waste.
C.
Charge included in tax bill. When the Town has removed or disposed of said litter as referenced in Subsection B, the cost of such removal or disposal, inclusive of interest at the rate of 9% per annum, shall be charged to the owner of such real property or the agent of such property owner on the next regular town and county tax bill forwarded by the Town. Such charge shall be due and payable at the time of payment of such bill or may be paid by the owner or agent of such property prior to the charge being levied on said tax bill. Interest shall start to accrue at the commencement of the removal or disposal by the Town.
The DeWitt Superintendent of Highways, as authorized
by the Town Board, shall be empowered to post appropriate signs stating
the prohibition against littering and the fine and other penalty imposed
by this chapter.
Any person violating any of the provisions of
this chapter shall, upon conviction in Justice Court, be punished
for each offense by a fine not to exceed $500 or by imprisonment for
any term not exceeding 10 days, or by both fine and imprisonment.
Each day's violation shall be considered a new and separate offense
subject to a separate penalty.
