[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-13-1980 by L.L. No. 1-1980;
amended in its entirety 5-28-1991 by L.L. No. 6-1991]
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.
A.
AIRCRAFT
CASUAL TRASH
GARBAGE
LITTER
NEWSPAPER
PARK
PERSON
PRIVATE PREMISES
PUBLIC LITTER RECEPTACLES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
VILLAGE
For the purposes of this article, the following terms,
phrases, words and their derivations shall have the meanings given herein:
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.
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.
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food, as well as all household waste.
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.
Any newspaper of general circulation as defined by general law and,
in addition thereto, any periodical or current magazine regularly published.
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.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
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.
Waste receptacles placed by the Village of LeRoy in the Business
District and parks for the convenient disposal of casual trash.
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 cleaning, dead animals, abandoned
automobiles and solid market and industrial wastes.
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.
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.
The Village of LeRoy.
B.
The word "shall" is always mandatory and not merely directory.
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.
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.
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.
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.
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.
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.
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.
No person shall throw or deposit litter in any fountain, pond, lake,
stream, creek or any other body of water within the village.
No person in any aircraft shall throw out, drop or deposit within the
village any litter, handbill or any other object.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
A.
CASUAL TRASH
PUBLIC LITTER RECEPTACLES
For the purposes of this article, the following terms,
phrases, words and their derivations shall have the meanings given herein:
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.
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.
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.
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.
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.
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.
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.
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.
This article shall become effective May 28, 1991.
