Village of LeRoy, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Grass and weeds — See Ch. 120.

Housing standards — See Ch. 128.

Abandoned refrigerators — See Ch. 161.

Solid waste — See Ch. 172.

Abandoned or junked vehicles — See Ch. 197.

ARTICLE I
General Provisions (§ 136-1 — § 136-24) 

ARTICLE II
Public Litter Receptacles (§ 136-25 — § 136-33) 

Article I General Provisions

§ 136-1 Purpose.

§ 136-2 Definitions; word usage.

§ 136-3 Throwing or depositing litter in public places.

§ 136-4 Manner of placing litter in receptacles.

§ 136-5 Depositing accumulated litter; duty of property owners or occupants.

§ 136-6 Duties of merchants and contractors.

§ 136-7 Throwing litter from vehicles prohibited.

§ 136-8 Truckloads causing litter.

§ 136-9 Litter in parks.

§ 136-10 Litter in fountains or bodies of water.

§ 136-11 Dropping materials from aircraft.

§ 136-12 Posting notice on poles, trees or structures.

§ 136-13 Throwing or depositing litter on private premises.

§ 136-14 Duty to maintain premises free from litter.

§ 136-15 Depositing litter on vacant lots.

§ 136-16 Throwing or distributing handbills in public places.

§ 136-17 Depositing handbills on vehicles.

§ 136-18 Depositing handbills on uninhabited or vacant premises.

§ 136-19 Prohibiting distribution of handbills where posted.

§ 136-20 Distributing handbills at inhabited private premises.

§ 136-21 Clearing litter from open private property by village.

§ 136-22 Presumptive evidence of violation.

§ 136-23 Penalties for violation.

§ 136-24 Enforcement.

Article II Public Litter Receptacles

§ 136-25 Purpose.

§ 136-26 Definitions; word usage.

§ 136-27 Manner of placing litter in public receptacles.

§ 136-28 Materials in public litter receptacles.

§ 136-29 Employees or agents or contractors.

§ 136-30 Presumptive evidence of violation.

§ 136-31 Enforcement.

§ 136-32 Penalties for offenses.

§ 136-33 Effective date.

[Adopted 10-13-1980 by L.L. No. 1-1980; amended in its entirety 5-28-1991 by L.L. No. 6-1991]

§ 136-1
Purpose. 

§ 136-2
Definitions; word usage. 

§ 136-3
Throwing or depositing litter in public places. 

§ 136-4
Manner of placing litter in receptacles. 

§ 136-5
Depositing accumulated litter; duty of property owners or occupants. 

§ 136-6
Duties of merchants and contractors. 

§ 136-7
Throwing litter from vehicles prohibited. 

§ 136-8
Truckloads causing litter. 

§ 136-9
Litter in parks. 

§ 136-10
Litter in fountains or bodies of water. 

§ 136-11
Dropping materials from aircraft. 

§ 136-12
Posting notice on poles, trees or structures. 

§ 136-13
Throwing or depositing litter on private premises. 

§ 136-14
Duty to maintain premises free from litter. 

§ 136-15
Depositing litter on vacant lots. 

§ 136-16
Throwing or distributing handbills in public places. 

§ 136-17
Depositing handbills on vehicles. 

§ 136-18
Depositing handbills on uninhabited or vacant premises. 

§ 136-19
Prohibiting distribution of handbills where posted. 

§ 136-20
Distributing handbills at inhabited private premises. 

§ 136-21
Clearing litter from open private property by village. 

§ 136-22
Presumptive evidence of violation. 

§ 136-23
Penalties for violation. 

§ 136-24
Enforcement. 

§ 136-1 Purpose.

The purpose of this article is to protect and promote the health, safety and welfare of the people of the Village of LeRoy in controlling litter within the Village of LeRoy.

§ 136-2 Definitions; word usage.

A. 

For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:

AIRCRAFT
Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
CASUAL TRASH
Includes single newspapers, food, gum, candy wrappers, ice cream bags and sticks, individual sheets of paper, empty paper or plastic bags or like items that a passerby might carry and discard, such as tissues or food containers from which the discarding person consumed food. Casual trash does not include commercial, business or household garbage, trash or waste.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, as well as all household waste.
LITTER
Garbage, refuse and rubbish and casual trash, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
NEWSPAPER
Any newspaper of general circulation as defined by general law and, in addition thereto, any periodical or current magazine regularly published.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the village, owned or used by the village and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC LITTER RECEPTACLES
Waste receptacles placed by the Village of LeRoy in the Business District and parks for the convenient disposal of casual trash.
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 cleaning, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
VILLAGE
The Village of LeRoy.
B. 

The word "shall" is always mandatory and not merely directory.

§ 136-3 Throwing or depositing litter in public places.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the village, except that those items defined as casual trash may be deposited in public litter receptacles. The depositing of casual trash in the village public litter receptacles is regulated by Article II, Public Litter Receptacles, of this chapter.

§ 136-4 Manner of placing litter in receptacles.

Persons placing litter in public 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.

§ 136-5 Depositing accumulated litter; duty of property owners or occupants.

No person shall sweep into or deposit in any gutter, street or other public place within the village 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.

§ 136-6 Duties of merchants and contractors.

A. 

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the village shall keep the sidewalk in front of their business premises free of litter.

B. 

A person doing construction work within the village shall at all times keep the sidewalk, street, alley and public or private property abutting the construction site free of construction trash, litter and debris.

§ 136-7 Throwing litter from vehicles prohibited.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the village or upon private property.

§ 136-8 Truckloads causing litter.

No person shall drive or move any truck or other vehicle within the village, unless such vehicle is so constructed or loaded as to prevent any load or content of litter from being blown or deposited upon any street, alley or other private or public property.

§ 136-9 Litter in parks.

No person shall throw or deposit litter in any park within the village, except that those items defined as casual trash may be deposited in public litter receptacles. The depositing of casual trash in village public litter receptacles is by Article II, Public Litter Receptacles, of this chapter. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.

§ 136-10 Litter in fountains or bodies of water.

No person shall throw or deposit litter in any fountain, pond, lake, stream, creek or any other body of water within the village.

§ 136-11 Dropping materials from aircraft.

No person in any aircraft shall throw out, drop or deposit within the village any litter, handbill or any other object.

§ 136-12 Posting notice on poles, trees or structures.

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structures or building, except as may be authorized or required by law.

§ 136-13 Throwing or depositing litter on private premises.

A person commits an offense if he throws or deposits litter on any occupied private premises within the village, whether owned by the person or not, or in or on any gutter, parkway, sidewalk, or alley adjacent to the private premises, except that the owner, occupant, or person in control of private premises 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, gutter, parkway, sidewalk, alley, or other public place or upon any private premises.

§ 136-14 Duty to maintain premises free from litter.

A. 

An owner, occupant or person in control of private premises commits an offense if he places, deposits or throws, permits to accumulate, or permits or causes to be placed, deposited or thrown any litter on the premises, unless the litter has been deposited in a private receptacle for collection.

B. 

All gas stations, service stations, auto-repair shops and stores engaged in the sale of auto parts and/or the repair of motor vehicles shall construct a durable container, shed or solidly fenced-in area for the storage of all miscellaneous motor vehicle parts, such as tires, mufflers, batteries, etc., such list not meant to be all-inclusive. No storage outside these areas shall be permitted. The container and its location must be approved by the Superintendent of Public Works or his representative and be at least six feet in height, and its contents shall not be visible from the street.

§ 136-15 Depositing litter on vacant lots.

A person commits an offense if he throws or deposits litter on any open or vacant private property within the village, whether owned by the person or not, or in or on any gutter, parkway, sidewalk or alley adjacent to the private property.

§ 136-16 Throwing or distributing handbills in public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the village, nor shall any person hand out or distribute or sell any commercial handbill in an public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the village for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.

§ 136-17 Depositing handbills on vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

§ 136-18 Depositing handbills on uninhabited or vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

§ 136-19 Prohibiting distribution of handbills where posted.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if required by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing," "No Advertisement," "No Peddlers or Agents" or any similar notice indicating in any matter that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.

§ 136-20 Distributing handbills at inhabited private premises.

A. 

No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted as provided in this article, such person, unless requested by anyone upon such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations

B. 

Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers as defined herein.

§ 136-21 Clearing litter from open private property by village.

A. 

Notice to remove. The Village Clerk of the village or his authorized representative is hereby authorized and empowered to notify the owner of any open or vacant property within the village, or the agent of such owner, to properly dispose of litter located on such owner's property. Such notice shall be served in person or by registered mail, addressed to the owner at his last known address.

B. 

Action upon noncompliance. Failure to comply with the above notice to remove shall result in the owner, agent or resident being summoned into Village Court and being charged with a violation of this article.

§ 136-22 Presumptive evidence of violation.

If nonpermitted material is found in private or public places in violation of this article, and the owner or custodian of such material is identifiable from such material, a rebuttal presumption of such person's intent to violate this article shall arise.

§ 136-23 Penalties for violation.

A person who violates a provision of this article, or who fails to perform an act required of him by this article, commits an offense. A person is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted. Punishment for each offense shall be a fine not less than $100 and not exceeding $1,000 for each twenty-four-hour period of violation.

§ 136-24 Enforcement.

Enforcement shall be the duty of the Building Code Enforcement Officer and the Chief of Police, and each is hereby given the power and authority to enforce the provisions of this article personally and by their delegates.

[Adopted 5-28-1991 by L.L. No. 4-1991]

§ 136-25
Purpose. 

§ 136-26
Definitions; word usage. 

§ 136-27
Manner of placing litter in public receptacles. 

§ 136-28
Materials in public litter receptacles. 

§ 136-29
Employees or agents or contractors. 

§ 136-30
Presumptive evidence of violation. 

§ 136-31
Enforcement. 

§ 136-32
Penalties for offenses. 

§ 136-33
Effective date. 

§ 136-25 Purpose.

The purpose of this article is to promote the public health and, for the public good, to preserve property values, create a more attractive economic and business climate, to reduce the risk of disease, vermin and other unhealthy consequences associated with garbage, trash or waste and, for other aesthetic considerations, to provide for the regulation of the depositing of materials in the village public litter receptacles.

§ 136-26 Definitions; word usage.

A. 

For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein:

CASUAL TRASH
Includes single newspapers, food, gum, candy wrappers, ice cream bags and stickers, individual sheets of paper, empty paper or plastic bags or like items that a passerby might carry and discard, such as tissues or food containers from which the discarding person consumed the food. Casual trash does not include commercial, business or household garbage, trash or waste.
PUBLIC LITTER RECEPTACLES
Waste receptacles placed by the Village of LeRoy in the business district and the parks for the convenient disposal of casual trash.
B. 

The word "shall" is always mandatory and not merely directory.

§ 136-27 Manner of placing litter in public receptacles.

Persons placing litter in public litter 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.

§ 136-28 Materials in public litter receptacles.

No person shall deposit any material other than casual trash in the village-owned public litter receptacles in the business district and the parks, and such material shall not exceed 1/2 cubic foot of volume or two pounds of weight within any twenty-four-hour period.

§ 136-29 Employees or agents or contractors.

No person shall direct or suffer or allow his employee, agent or contractor to deposit any material other than casual waste in the village-owned public litter receptacles in the Business District and the parks, and such material shall not exceed 1/2 cubic foot of volume or two pounds in weight within any twenty-four-hour period.

§ 136-30 Presumptive evidence of violation.

If nonpermitted material is found in a public litter receptacle and the owner or custodian of such materials is identifiable from such material, a rebuttal presumption of such person's intent to violate this article shall arise.

§ 136-31 Enforcement.

Enforcement shall be the duty of the Code Enforcement Officer and the Chief of Police, and each is hereby given the power and authority to enforce the provisions of this article personally and by their delegates.

§ 136-32 Penalties for offenses.

For each and every failure to comply with the provisions of this article, the owner or custodian of the material which was wrongly placed in the public litter receptacles and the person who placed or assisted in such placement shall be guilty of a violation against this article, which violation shall be punishable by a fine not less than $100 and not to exceed $1,000 for each twenty-four-hour period of violation. Each separate piece of material, whether packaged or not, shall constitute a separate and distinct additional violation.

§ 136-33 Effective date.

This article shall become effective May 28, 1991.