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.
CITY
The City of Rochester.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
HANDBILL
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.
LITTER
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]
NEWSPAPER
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.
PARK
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.
PERSON
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.
REFUSE
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]
RUBBISH
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]
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway or public street.
[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.