[Added 8-19-1985]
[Amended 12-20-1993]
The following definitions shall apply in the
interpretation of this article:
Garbage, trash, refuse, building and construction debris
and canine wastes or to leave, throw, store, sweep or deposit the
same.
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."
Any natural person, firm, partnership, association, corporation,
company, public utility, governmental entity or authority or organization
of any kind.
Any street, sidewalk, alley, public way, public park, square,
space, grounds or building.
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.
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.
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.
[1]
Editor's Note: Former § 313-46,
Effective date, was repealed 12-20-2004 by Ord. No. 38.121.04.
