[Adopted 5-28-1991 by L.L. No. 5-1991]
The Village of LeRoy has enacted local laws
governing recycling, the collection of garbage on a pay-by-bag system
and a pay sticker system for the collection of old furniture, white
goods, demolition materials and tires. Further, the Village has enacted
local laws to control litter and to regulate the deposit of litter
in public litter receptacles. All of these laws have the purpose of
promoting the public health and safety and placing an affirmative
obligation on the individual citizen to safeguard the environment.
No citizen should be allowed to evade the purpose or spirit of these
laws by using without permission the dumpster of any other person.
This law is enacted to prevent the abuse of dumpsters.
A.
CASUAL TRASH
DUMPSTER
GARBAGE
LITTER
PERSON
REFUSE
RUBBISH
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 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 the food. Casual trash does not include commercial, business
or household garbage, trash or waste.
Waste receptacles for the disposal of litter, garbage, rubbish
and casual trash.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food, as well as
all household waste.
Garbage, refuse, 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 person, firm, partnership, association, corporation,
company or organization of any kind.
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.
B.
Word usage. The word "shall" is always mandatory and
not merely directory.
No person shall throw or deposit litter or other
waste material (garbage, refuse, rubbish or casual trash) in or upon
any dumpster located within the Village of LeRoy without the permission
of the owner of said dumpster.
Persons placing litter in their own dumpsters
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 direct or suffer or allow his
employee, agent or contractor to deposit any material in another person's
dumpster.
If nonpermitted material is found in dumpsters
and the owner or custodian of such material is identifiable from such
materials, a rebuttal presumption of such person's intent to violate
this article shall arise.
The owner of a private dumpster must obtain
a sticker from the Village Administrator at the cost of $2 and shall
place said sticker on the dumpster. Said sticker shall read "No unauthorized
person may place litter in this dumpster. Violators subject to a fine
by order of the Village of LeRoy Board of not less than $100 and not
to exceed $1,000."
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 dumpster 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 more than $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.
