[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The Town of Niagara has undergone significant retail commercial growth
causing problems with traffic, pedestrians and litter in commercial areas
of the town, especially in the large high-density retail areas of the town,
resulting in parking lots and retail areas which have had significant problems
relating to shoppers who litter private parking areas, public streets and
private property adjacent to commercial centers and due to owners and tenants
of real property who do not provide litter or trash containers in parking
areas.
As used in this article, the following terms shall have the meanings
indicated:
A receptacle of a capacity of not less than 32 gallons.
Major retail shopping centers which contain businesses which sell
goods and/or services to the public at retail shall place containers in parking
lots pursuant to this article, as amended.
A parcel or parcels of property, under single ownership, which has
either more than five retail stores or retail stores of 80,000 square feet
or more.
The owner of a major retail shopping center, as defined in this article,
shall place containers in parking lots and areas adjacent as follows:
A.
One container shall be allocated for every 25 parking
spaces required by local law or ordinance or two containers for each individual
retail store, whichever is greater.
B.
Each container shall be capable of being securely attached
to a pole, light standard, bracket or other device which shall be designed
to prevent the container from being overturned or dislodged by winds, vandalism
or other forces.
C.
Containers shall be systematically and symmetrically
spaced throughout the parking area and adjacent walkways. A plan shall be
submitted to the office of the Code Enforcement Officer prior to placement
showing the proposed location. The Code Enforcement Officer shall modify and
approve the plan so that it is consistent with traffic safety, aesthetics
and this article and is conducive to snowplowing during winter months.
D.
Containers or receptacles shall be protected from traffic
and shall be placed so as not to impede traffic or pedestrian flow or minimize
the required number of parking areas required by town local law or ordinance.
Each container placed pursuant to this article shall be maintained as
follows:
A.
The container shall have a top with an opening capable
of maintaining trash, litter and papers within the interior of the receptacle.
B.
The container or receptacle shall be free from holes
and dents and be painted or designed so as to maintain an attractive appearance.
No advertising material shall be placed thereon, except for the name of the
business or retail shopping complex.
C.
The receptacle shall be of a design which retards rainwater
from collecting within.
D.
The receptacle shall be emptied by the property owner
or tenant periodically so as to prevent overflowing of the contents.
The violation of any of the provisions of this article shall be punishable
by a maximum fine of $250 or by imprisonment for not more than 15 days, or
by both such fine and imprisonment.
