[HISTORY: Adopted by the Town Board of the Town of Elmira 12-28-2000 by L.L. No.
5-2000. Amendments noted where applicable.]
This chapter shall be known as the "Local Law Prohibiting Littering
and Dumping."
The Town of Elmira finds that the potential and/or actual damages
that result directly and/or indirectly from littering and dumping
are a problem to the residents of the Town of Elmira. The dumping
of litter and other materials on streets, sidewalks, and other public
places is a public nuisance that can pose safety risks and increased
maintenance expenses for the Town. Materials that are deposited in
or near streams or drainageways can obstruct the conveyance of water
and contribute to flooding, streambank erosion, and associated property
damage. In the past, dumping of yard wastes and other materials in
and near streams has contributed to flooding and erosion, which have
damaged Town highways and private properties. Town employees and others
have undertaken the removal of materials that obstruct the flow of
water in order to reduce flooding and protect property. This is extremely
hazardous and can pose a threat to human life.
The purpose of this chapter is to promote the safety of Town
of Elmira employees, motorists, residents, and the public; to reduce
public and private losses due to flooding and erosion; and to enhance
the aesthetic appeal of the public roadways. The provisions of this
chapter prohibit the dumping of litter and other materials in locations
where the discarded materials pose a public nuisance, namely on public
roads, roadside ditches, creeks, and drainageways.
This chapter is adopted pursuant to the Municipal Home Rule
Authority of the Town of Elmira as provided for in Article 2 of the
Municipal Home Rule Law of the State of New York.
A.
No person shall cast, throw, sweep, sift, or deposit in any manner
in or upon any public road, sidewalk, road shoulder, roadside ditch,
or other public place within the jurisdiction of the Town of Elmira
any kind of dirt, rubbish, waste article, or substance, whether liquid
or solid, unless such deposition is in accordance with the policies
and procedures for municipal collection of leaves or other materials.
B.
No property owner shall allow the placement of any refuse, yard waste (leaves, grass clippings, brush, etc.), tires, containers, appliances, fill, or other obstructions in any storm sewer, ditch, stream, river, drainage swale, or detention basin that regularly or periodically carries surface water runoff, except as provided for in § 138-6 of this chapter.
C.
No property owner shall allow the placement of any refuse, yard waste,
tires, containers, lumber, firewood, or other loose materials within
25 feet of the top of any streambank or riverbank.
The installation of drainage and stream improvements is not
subject to the restrictions in this chapter if the following conditions
are met: Prior to construction, a person designated by the Town Board
must approve the project design. The project design will include consideration
of the stream flow during project construction and after completion.
A.
The Town of Elmira will inspect and document the condition of drainageways,
natural and man-made, on public and private lands, in accordance with
the provisions of the Drainage System Maintenance Plan, Town of Elmira,
as revised.
B.
It shall be the duty of the Code Enforcement Officer, Drainage Officer,
or other individuals designated by the Town Board to investigate all
complaints made under this chapter and to take appropriate legal action
on all identified violations.
[Amended 6-21-2004 by L.L. No. 1-2004]
A.
Any person found to be in violation of § 138-5B or C of this chapter shall be served by the Town of Elmira Code Enforcement Officer with written notice stating the nature of the violation and providing seven days for satisfactory correction thereof. The violator shall, within the period of time stated in such notice, permanently cease all violations.
B.
If, after the expiration of the notification period, the violation
has not been corrected, then the Code Enforcement Officer shall issue
a citation upon the violator that states the nature and substance
of the violation and requires the violator to appear before the Town
Judge of the Town of Elmira.
C.
Any person found by the Town Judge of the Town of Elmira to have
failed to correct the dumping following notice in violation of this
chapter shall be guilty of a violation and, upon conviction thereof,
shall be fined an amount no less than $50 and not to exceed $150 for
each violation. If the identified debris has not been removed at the
time of sentencing, the Court may direct the removal of the identified
debris by a specific date. Further, if the debris is not removed by
the date certain, then the Court may direct that the debris be removed
by the Town of Elmira and the cost of such removal shall be assessed
as restitution against the violator. The Town Judge may also sentence
the violator to community service in lieu of a cash fine, if the service
is devoted to remediation of the impacts of littering and dumping.
