[HISTORY: Derived from Articles II and VIII of Chapter 65 of the
1975 Compilation; amended in its entirety 2-16-1999 by Ord.
No. 5-1999. Amendments noted where applicable.]
The following definitions shall apply in the interpretation of this
chapter:
Garbage, trash, refuse, building and construction debris and canine
wastes or to leave, throw, store, sweep or deposit the same.
Any receptacle used or maintained by any person for the collection
or storage of litter. This includes commercial, industrial or construction
receptacles commonly known as "dumpsters."
Any natural person, firm, partnership, association, corporation,
company, public utility, governmental entity of authority or organization
of any kind.
Any street, sidewalk, alley, public way, public park, square, space,
grounds or building.
Light refuse that is generated by pedestrians, such as scrap paper,
candy wrappers, cigarette packages, fruit skins, paper plates, food wrap,
cigarette butts and other similar light refuse. It is illegal for anyone to
litter, sweep, throw or cast any material, such as street litter, ashes, garbage,
paper, dust or other refuse or rubbish, into any street or public place, vacant
lot or alley.
Those litter baskets and other similar containers positioned in public
places and maintained by the City of Oneonta. Street litter receptacles are
designed for the use of pedestrians only and shall be used for deposit of
street litter only.
A.
No person shall litter any public place within the City
of Oneonta.
B.
No person shall throw, cast, blow, push or place or cause
to be thrown, cast, blown, pushed or placed any snow, ice or sleet into any
public street, place or sidewalks within the city.
C.
Persons placing litter in litter receptacles shall do
so in a manner that prevents the litter from being carried by the elements
upon any public place or private property.
D.
All property owners or persons occupying or having control
of property within the City of Oneonta shall maintain the public ways adjoining
their property free of litter.
Street litter receptacles are designed for the use of pedestrians and
shall be used solely for the deposit of street litter. It shall be unlawful
and a violation of this chapter for any person to dump or deposit household
refuse or other similar debris into or adjacent to such receptacles.
A.
No person shall drive or move any track or other vehicle
within the city unless such vehicle is so constructed or loaded as to prevent
any load, contents or litter from being blown or deposited upon any public
place or private property.
B.
No person shall drive or move any vehicle or truck within
the city, the wheels or tires of which carry onto or which deposit in any
public place mud, dirt, sticky substances, litter or foreign matter of any
kind.
The Code Enforcement Officer, upon complaint being made to him or upon his own motion, shall, upon personal and direct knowledge of the existence of a violation of § 170-2, 170-3 or 170-4, cause such to be put in a condition as will comply and shall determine the identity of the violator and/or the premises from which it came. The cost thereof plus a fifty-percent charge thereof for supervision and administration shall be charged to the violator or the owner of the premises from which it came. Said cost and fifty-percent charge if not paid shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property so assessed as the general city tax and as a part thereof, if the violator is billed and the bill is not paid; judgment shall be sought in a court proceeding.
A.
Any person who violates any provisions of this chapter
shall. be punished by a fine not to exceed $200 or imprisonment for not more
than 15 days, or both such fine and imprisonment, for the first conviction
(Class 3 violation).
B.
For a second conviction within five years (Class 2 violation)
the fine shall not exceed $500 or imprisonment for not more than 30 days,
or both such fine and imprisonment.
C.
For a third or subsequent conviction within five years
(Class 1 violation) the fine shall not exceed $1,000 or imprisonment for not
more than 60 days, or both such fine and imprisonment.
D.
Each day a violation continues shall be a separate additional
violation. Multiple violations shall be considered separately. However, all
violations arising out of the same incident shall be considered in the same
class, that is, three violations at the same time or incident shall be either
all Class 1, all Class 2 or all Class 3 violations.
No person shall throw, cast, blow, push or place or cause to be thrown,
cast, blown, pushed or placed any snow, ice or sleet into any public street,
place or sidewalks within the city.
Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.