[HISTORY: Adopted by the Common Council of the City of Rensselaer as indicated in article histories. Amendments noted where applicable.]
No person shall operate or drive and no person, firm, corporation, or association shall cause to be operated or driven upon the public streets of the City of Rensselaer any vehicle transporting sand or gravel unless such vehicle is equipped in such a manner that such materials being transported are completely covered by a tarpaulin or other suitable cover so as to prevent spillage of such materials or the emission of dust therefrom.
[Amended 8-15-1990 by L.L. No. 4-1990]
Violation of this article shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
[Adopted 10-3-1990 by L.L. No. 2-1990]
Editor's Note: This local law was originally adopted as Ch. 67 but was redesignated to maintain the organization of the Code.
This article shall be known and may be cited as the "Litter or Dumping Control Law."
The legislative intent of this article is to safeguard the health, safety and welfare of the inhabitants of the City of Rensselaer; to safeguard their material rights against unwarrantable invasion; to protect, preserve or maintain property values; and to minimize nuisance, as well as to protect against health hazards.
For the purposes of this article, the following terms shall have the meanings indicated:
- The relinquishment of any item of personal property and/or litter with the intention of not reclaiming it nor resuming its ownership or enjoyment; and intent shall be presumed at the expiration of 48 hours from the time of abandonment.
- The City of Rensselaer, New York.
- A. Garbage, refuse, trash or rubbish or any noxious or offensive matter, such as material from a kitchen, store, restaurant, food stand, etc.
- B. All waste materials customarily handled or collected by refuse collectors or junk dealers.
- C. Items known as "junk," regardless of size, discarded or abandoned by reason of obsolescence, age or state of repair or intended to be discarded, abandoned or junked.
- D. Discarded reading material, newspapers, magazines or similar paper goods.
- E. Cans, bottles, containers, boxes, cartons or wrappers, with or without contents.
- THROWING or DEPOSITING or ABANDONING
- Includes throwing from a vehicle of any type or from an aircraft or a boat.
No person shall throw, deposit or abandon litter on any property within the City of Rensselaer, whether public or private and whether or not owned by such person, nor shall any property owner use his land for the dumping of litter or permit such dumping or accumulation of litter on his property by others, except that the owner or person in control of private property shall maintain private receptacles for the collection of litter in such manner that litter will not be carried or deposited by the elements upon the yards or yard or premises of others or upon the streets, roads, highways or public place or places.
Litter not contained in receptacles as aforesaid shall not be stored or piled on land within the City, except to facilitate delivery to the vehicle of a refuse collector, salvage dealer, licensed junk dealer or a person, firm or charitable organization customarily engaged in the removal, purchase, collection or salvage of discarded articles, and in such case shall not be so stored in anticipation of such collection for a period in excess of 48 hours.
No person shall throw or deposit or abandon litter upon any open or vacant property within the City, regardless of the ownership thereof.
No person shall throw or deposit or abandon litter in or upon any street, highway, walk, park, parking area or other public place within the City, except in public receptacles; provided, however, that no litter defined as garbage shall at any time be thrown or deposited in public receptacles unless such receptacles are specifically designated and marked for the reception of such garbage.
No person shall throw or deposit or abandon any litter or foreign matter of any kind whatsoever in any pool, pond, river, lake, stream, culvert, reservoir or its tributaries or watershed or any body of water in a park or elsewhere within the City, except that this provision shall not prohibit the authorized treatment and control of pools or reservoirs to control or regulate water purity or aquatic vegetation by persons or corporations having all required permits issued by state, county, City or watershed authorities having jurisdiction over such treatment.
The prohibitions contained herein against the deposit of litter shall include activities such as dumping, the maintenance of dumps for any purpose, including landfill operations, or the use of any property in the City as a dumping ground for the benefit of the owner or any other person.
Residents and other users are required to place trash out not earlier than 7:00 p.m. on the evening prior to collection day and not later than 2:00 a.m. on the collection day. Residents and other users are required to keep the trash and recyclable containers secure from animals and rodents. The placement area of trash and recyclable containers are to be clean and free of loose trash, garbage, debris, and any other solid or liquid waste for disposal not secured in suitable trash or recyclable containers. Loose trash, debris, recyclable waste, and containers are to be removed from the disposable pickup area, and that area left clean from loose trash, debris, recyclable waste and containers. All trash and recyclable containers are to be retrieved from the disposable area and properly secured at the residents and other users or property owners designated area for said containers within 12 hours after collection.
[Added 2-4-1998 by L.L. No. 5-1998; amended 3-4-1998 by L.L. No. 8-1998]
Each and every violation of this article shall constitute and shall be a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law and shall be punishable as follows:
[Amended 2-4-1998 by L.L. No. 5-1998]
A mandatory fine of $100 for the first offense, plus any and all fees incurred by the City of Rensselaer in the cost of service and removal;
A mandatory fine of $250 for the second offense, plus any and all fees incurred by the City of Rensselaer in the cost of service and removal;
A mandatory fine of $500 for the third offense, plus any and all fees incurred by the City of Rensselaer in the cost of service and removal; with
A mandatory minimum fine of $500 up to a maximum fine of $1,000, plus any and all fees incurred by the City of Rensselaer in the cost of service and removal.
In addition to the above-provided penalties and punishment, the Common Council may also maintain an action or proceeding in the name of the City in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such article.
The Commissioner of Public Works, Deputy Commissioner, Building and Zoning Department and the Police Department (or their designees) shall have the power to enforce the provisions of this article and are empowered to issue appearance tickets for violations thereof requiring attendance in City Court of those persons or firms alleged to be in violation of this article.
[Added 2-4-1998 by L.L. No. 5-1998]