[HISTORY: Adopted by the Town Board of the Town of Ghent 2-10-1983 by L.L. No. 1-1983; amended in its entirety 5-15-2008 by L.L. No. 2-2008. Subsequent amendments noted where applicable.]
Solid waste — See Ch. 144.
As used in this chapter, the following terms shall have the meanings indicated:
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle for garbage and waste disposal.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- 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.
- 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 or tends to create blight.
- A plot, tract, premises or parcel of land with or without buildings or structures located thereon.
- A park, playground, beach, recreation center or any other public area in the Town owned or operated by the Town and devoted to active or passive recreation.
- Any person, property owner, firm, partnership, association, corporation, company, organization or entity of any kind.
- PRIVATE PREMISES
- Any house, building or other structure not owned or operated by the Town, 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. This shall include state, county, Town highways and also private roadways providing access to more than one lot.
- All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, tires, concrete, asphalt, building materials, construction debris and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, yard clipping, leaves, wood, glass, bedding and crockery.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or public street.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place, as defined herein, within the Town, nor on any property owned by the Town, except in public receptacles or in authorized private receptacles for collection, or in an authorized public waste facility.
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.
No person shall sweep into or deposit in any gutter, street or other public place within the Town 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.
No person shall throw or deposit litter from any vehicle upon any street or public place within the Town or upon private property.
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place or private property.
No person shall drive or move any vehicle or truck within the Town, the wheels or tires of which carry onto or deposit in any street, alley or other public place sticky substances or foreign matter of such kind which adheres to the road surface.
No person shall throw or deposit litter in any park within the Town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park, upon any street or other public private place. Where public receptacles are not provided, all such litter shall be carried out of 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 pond, lake, stream, bay or any other body of water located anywhere within the Town.
No person shall throw, deposit or store litter on any private property within the Town, whether owned by such person or not, except that the person in control of private property may maintain authorized private receptacles for collection, in such manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, public place or upon any private property. Any authorized private receptacle must be fully enclosed. No litter may be stored in any authorized private receptacle on any private property for a period longer than one month.
The provisions of this chapter shall be enforced by members of any police department including, but not limited to, the New York State Police, the New York State Environmental Police, or the Columbia County Sheriff's Department. This chapter may also be enforced by the Town Building Inspector or the Town Code Enforcement Officer. Any person found violating this chapter may be issued an appearance ticket directing the violator to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated offense of this chapter. A violation of this chapter will result in a fine not to exceed $1,000, imprisonment not to exceed 15 days, or both, and/or community service. In addition, any person littering or disposing of refuse in a public place or on property owned by the Town shall be liable to the Town in a civil action for the costs of 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. Each occurrence of littering shall be a separate violation, and each further occurrence shall constitute a separate and additional violation punishable by a separate and distinct penalty as set forth herein.
In the event that Town personnel are required to restore any premises to its original condition due to a person littering, any person who has littered or disposed of refuse shall reimburse the Town for the cost, including out-of-pocket administrative expenses of the work performed or services rendered by direction of the Town as hereinabove provided.
If the Town has to take any action to enforce its rights pursuant to a civil action brought under § 123-6 or 123-7 herein, the violator shall also be liable to the Town for all costs, expenses and reasonable attorneys fees incurred by the Town with respect to any such action, and the Town shall be entitled to enter a judgment against the violator for the amount to which it is entitled under the provisions of §§ 123-6, 123-7 and 123-8 herein.
Should any section, paragraph, sentence, clause or phrase in this chapter be declared unconstitutional or invalid for any reason, the remainder of the provisions of this 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.
Nothing contained in this chapter shall be held to limit, repeal, modify or waive any existing provisions or requirements of law or regulation, whether federal, state or local, but on the contrary the provisions of this chapter shall be in addition to any present or future law or regulation relating to the subject matter set forth herein.