[Added 8-19-1985]
[Amended 12-20-1993]
The following definitions shall apply in the interpretation of this article:
LITTER
Garbage, trash, refuse, building and construction debris and canine wastes or to leave, throw, store, sweep or deposit the same.
LITTER RECEPTACLE
Any receptacle used or maintained by any person for the collection or storage of litter. This includes commercial, industrial or construction receptacles commonly known as "dumpsters."
PERSON
Any natural person, firm, partnership, association, corporation, company, public utility, governmental entity or authority or organization of any kind.
PUBLIC PLACE
Any street, sidewalk, alley, public way, public park, square, space, grounds or building.
STREET LITTER
Light refuse that is generated by pedestrians such as scrap paper, candy wrappers, cigarette packages, fruit skins, paper plates, food wrap and other similar light refuse. It is illegal for anyone to litter, sweep, throw or cast any material, such as street litter, ashes, garbage, paper, dust or other refuse or rubbish, into any street or public place, vacant lot or alley.
STREET LITTER RECEPTACLES
Those litter baskets and other similar containers positioned in public places and maintained by the City of Albany. "Street litter receptacles" are designed for the use of pedestrians only and shall be used for the deposit of street litter only.
[Amended 11-4-1985]
A. 
No person shall litter any public place within the City of Albany.
B. 
Persons placing litter in litter receptacles shall do so in a manner which prevents the litter from being carried by the elements upon any public place or private property.
C. 
All property owners or persons occupying or having control of property within the City of Albany shall maintain the public ways adjoining their property free of litter.
A. 
No person shall litter any private property within the City of Albany, whether or not the property is owned by or is within the control of such person.
B. 
The owner or person in control of any private property shall at all times maintain the property free of litter and shall prevent litter placed in litter receptacles on the property from being carried by the elements upon any public place or private property.
[1]
Editor's Note: Former § 313-40, Responsibility of property owners; action by City; costs, added 2-4-1991, as amended, was repealed 5-17-2004 by Ord. No. 19.51.04. See now Art. VA.
A. 
No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any public place or private property.
B. 
No person shall drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or which deposit in any public place mud, dirt, sticky substances, litter or foreign matter of any kind.
A. 
No litter receptacle shall be placed upon City property without the prior written consent of the Director of Code Enforcement.
B. 
All litter receptacles shall be maintained in a clean condition and shall be adequately covered to prevent the blowing about of its contents.
C. 
No litter receptacle for the weekly accumulation of litter shall be placed or maintained on any property, except as provided in Article I of this chapter.
D. 
Unless otherwise authorized by the written consent of the Director of Code Enforcement, all dumpsters located on private property shall be located far enough from sidewalks, public places or public rights-of-way to prevent odor, insects or any other negative impact, including visual impact, upon the character of the public places or streetscapes involved.
E. 
Unless exempted by the Director of Code Enforcement, dumpsters shall be maintained in a designated enclosed area, away from front yards, sidewalks or other public rights-of-way affecting the visual and aesthetic character of City streetscapes. Exemptions from Subsections D and E of this section shall only be permitted where no reasonable alternate methods or sites exist for the placement of dumpsters or where hardships or practical difficulties would exist should an exemption be withheld.
F. 
The Director of Code Enforcement may, upon good cause shown, and with the advice and consent of the Commissioner of Buildings and the Commissioner of General Services, permit the placement, use or maintenance of a litter receptacle not in conformance with the provisions of this article on a temporary basis for a period of time not to exceed 30 days.
[Amended 5-4-1998 by Ord. No. 28.42.98; 12-20-2004 by Ord. No. 38.121.04]
G. 
From and after the effective date of this article, no litter receptacle shall be placed, used or otherwise maintained except in accordance with the provisions of this article.
[Added 12-20-1993]
Street litter receptacles are designed for the use of pedestrians and shall be used solely for the deposit of street litter. It shall be unlawful and a violation of this article for any person to dump or deposit household refuse or other similar debris into such receptacles.
[Amended 10-19-2020 by Ord. No. 14.72.20; 8-7-2023 by Ord. No. 17.42.23]
Any person who engages in unlawful conduct as defined in this article shall be punishable by a fine of $100 for the first offense. The fine for each subsequent offense shall increase by $250 but may not exceed $1,000.
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holdings shall not affect the validity of the remaining portions hereof.