[HISTORY: Adopted by the Rochester City Council 4-9-1968 by Ord. No. 68-94. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Anti-Litter Ordinance."
For the purposes of this chapter, the following words, phrases and terms, and their derivations, shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular, words used in the singular number include the plural, and words in the masculine include the feminine. The word "shall" is always mandatory and not merely directory.
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle as required and authorized in ordinances regulating garbage and waste disposal.
- The City of Rochester.
- 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, which is
thrown, deposited or discarded in or on a public place, park, or private
premises or from a vehicle.[Amended 3-28-2017 by Ord. No. 2017-74]
- A printed publication issued at regular intervals, including any periodical or current magazine regularly published with not less than four issues per year, and sold to the public, commonly containing news, comment, features and advertisements, including any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation.
- A park, reservation, playground, beach, recreation center or any other public area in the City owned or operated by the City and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company, or organization of any kind.
- PRIVATE PREMISES
- Any house, building or other structure not owned or operated by the City, 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.
- PUBLIC PLACE
- 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.[Amended 5-27-1986 by Ord. No. 86-161]
- 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.[Amended 5-27-1986 by Ord. No. 86-161]
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or public street.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City, nor on any property owned by the City, except in public receptacles or in authorized private receptacles for collection.
[Amended 5-27-1986 by Ord. No. 86-161]
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.
No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person shall throw or deposit litter from any vehicle upon any street or other public place within the City or upon private property.
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 street, alley or other public place or private property.
No person shall drive or move any vehicle or truck within the City, 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.
No person shall throw or deposit litter in any park within the City 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.
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 City.
No person shall throw or deposit litter on any private property within the City, whether owned by such person or not and whether occupied or vacant, 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, sidewalk or other public place or upon private property.
The owner or person in control of private property or any portion thereof shall, at all times, maintain the premises, or that portion controlled by him or her free of litter, except when stored properly in authorized private receptacles for collection, when such person shall have actual notice thereof or when said litter shall have been present a sufficient length of time to constitute constructive notice.
[Amended 2-14-2006 by Ord. No. 2006-22]
In public places. No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the City. No person shall hand out or distribute any handbill in any public place except to persons willing to accept it.
On vehicles. No person shall throw or deposit any handbill in or upon any vehicle, except it shall not be unlawful in any public place for a person to hand out or distribute a handbill to any occupant of a vehicle who is willing to accept it.
On private property. No person shall throw or deposit any handbill in or upon any private premises which are:
Temporarily or continuously uninhabited or vacant.
Posted with a sign placed in a conspicuous position near the entrance thereof, bearing the words "No Peddlers or Agents," "No Advertisements," or words of similar import indicating the desire of the occupants not to have such handbills left upon such premises, or where an occupant expressly directs the person not to throw, deposit or distribute the handbill on the premises.
Inhabited but not posted or subject to an express warning by an occupant, except by handing or transmitting any such handbill directly to an occupant, unless he or she places or deposits any such handbill so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public ways.
[Amended 2-14-2006 by Ord. No. 2006-22]
The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
[Amended 7-22-1969 by Ord. No. 69-329; 9-28-1982 by Ord. No. 82-443; 5-27-1986 by Ord. No. 86-161]
A person violating any provision of this chapter shall be subject to the penalties set forth in § 13A-11 of the Municipal Code. In addition, any person littering or disposing of refuse in a public place or on property owned by the City shall be liable to the City in a civil action for the costs to the City of the 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.
[Added 2-18-2015 by Ord. No. 2015-30; amended 6-18-2019 by Ord. No. 2019-151]
Smoking shall not be permitted, and no person shall smoke, within 100 feet of the entrance, exit or outdoor area of a public library; provided, however, that the provisions of this section shall not apply to smoking within the boundary lines of a residential property. For the purposes of this section smoking shall be defined as in Article 13-E of the Public Health Law.
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.
This chapter shall take effect 20 days after its adoption.