Village of North Collins, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of North Collins 7-5-1988 by L.L. No. 2-1988 as Ch. 77 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 58.
Housing standards — See Ch. 103.
Junkyards — See Ch. 107.
Poles and wires — See Ch. 131.
Solid waste — See Ch. 146.
Streets and sidewalks — See Ch. 150.

§ 112-1 Definitions; word usage.

A. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
ABANDONED VEHICLE
Any motor vehicle, the ownership of which cannot be reasonably determined or of which the owner does not intend to recover possession or of which the owner does not intend to use on a public highway, excepting competition vehicles. The intent of the owner of a motor vehicle may be determined by the physical condition of the motor vehicle, the length of time since the motor vehicle has last been used on a public highway and whether the motor vehicle is licensed or unlicensed.[1]
AUTHORIZED PRIVATE RECEPTACLE
A container commercially manufactured for the purpose of holding litter, not exceeding four cubic feet in volume or 30 gallons' capacity in size, having a tight-fitting cover and a maximum weight of 75 pounds and equipped with suitable handles. Plastic bags may be used for all litter, provided that such bags are securely tied at the top and are not over-filled and not torn, ripped or otherwise not capable of being lifted and placed in a refuse truck. Maximum size bags for litter shall not exceed 30 gallons' capacity.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish 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.
PARK
A park, playgrounds 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 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 and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as 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 North Collins.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

§ 112-2 Public places.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the village except in public receptacles, in authorized private receptacles for collection or in official village rubbish pits.

§ 112-3 Placement in receptacles.

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.[1]
[1]
Editor's Note: Original § 77-4, Sweeping litter into gutters prohibited, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 112-4 Merchants to keep sidewalks free of litter.

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.[1]
[1]
Editor's Note: Original § 77-6, Litter thrown by persons in vehicles, and § 77-7, Truckloads causing litter, which immediately followed this section, were deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 112-5 Parks.

No person shall throw or deposit litter in any park within the village except in public receptacles and then in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public 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 properly disposed of elsewhere as provided herein.

§ 112-6 Lakes and fountains.

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

§ 112-7 Dropping litter from aircraft.

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

§ 112-8 Posting of notices.

No person shall place or cause, permit, suffer or assist any person to place any advertisement, placard or other notice or paint or cause, permit, suffer or assist any person to paint any advertisement or notice on any post, pole, tree, fence or other fixed object of any kind in any public street, public parking area or other area to which the public has access.

§ 112-9 Occupied private property.

No person shall throw or deposit litter on any occupied private property within the village, whether owned by such person or not, 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 any private property.

§ 112-10 Owner to maintain premises.

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

§ 112-11 Vacant lots.

No person shall throw or deposit litter on any open or vacant private property within the village, whether owned by such person or not.

§ 112-12 Removal by village; costs to become lien.

A. 
Notice to remove. The Coordinator of Public Works is hereby authorized and empowered to notify the owner of any open or vacant private property within the village, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notices shall be by certified mail, addressed to said owner at his last known address.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 20 days after receipt of written notice provided for in Subsection A above or within 20 days after the date of such notice in the event that the same is returned to the Coordinator of Public Works because of the inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Coordinator of Public Works is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the village.
C. 
Charge included in tax bill. When the village has effected the removal of such litter or has paid for its removal, the actual cost thereof, plus accrued legal rate of interest per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the village, and said charge shall be due and payable by said owner at the time of payment of such bill.
D. 
Filed statement constitutes lien. Where the full amount due the village is not paid by such owner within 20 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the Coordinator of Public Works shall cause to be filed in the office of the Village Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property by school district, section, lot and block on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and satisfactorily done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.

§ 112-13 Dumping.

No person, firm, association or corporation shall throw, cast, lay, bury or leave or direct, suffer or permit any servant, agent or employee to throw, cast, lay, bury or leave any ashes, offal, dead animals, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth, broken glassware, crockery, bottles, metal or any other refuse or rubbish of any kind whatsoever or abandoned vehicles of any kind in or upon any vacant lot or plot, except where ashes or dirt may be used for filling purposes under a permit secured from the department or bureau having jurisdiction thereof, or in or upon any street or road in the Village of North Collins.

§ 112-14 Nonresidents.

No nonresident of the Village of North Collins shall deposit or place for collection by the village any garbage, rubbish or discarded material of any kind on any premises in the village if such garbage, rubbish or discarded material did not originate in the village.

§ 112-15 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.