[HISTORY: Adopted by the Board of Trustees of the Village
of Malone 7-25-1994 by L.L. No. 2, 1994. Amendments noted
where applicable.]
Certain words, as used in this chapter, are defined as follows:
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material or any combination thereof,
including but not limited to any bottle, jar or can or any top, cap
or detachable tab of any bottle, jar or can, any unlighted or lighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material.
A park, reservation, recreation center or any other area
in the Village of Malone owned and used by the public and devoted
to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure used either
wholly or in any part for private residential purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and shall include
any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox
belonging to or appurtenant to such dwelling, house, building or other
structure.
A receptacle for the deposit of litter, garbage, refuse or
rubbish that is privately owned, rented or leased. Trash cans and
dumpsters shall be included in the definition of private receptacles.
Any and all streets, sidewalks, boulevards, parking areas
open to the public, alleys and any and all public parks, squares,
spaces, grounds and public buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including ashes, street cleanings, dead animals, abandoned
automobiles, dismantled vehicles, other abandoned personal property
and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as circulars, leaflets, pamphlets,
wrappers, handbills, newspapers and all and any other printed material,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
building materials and other like materials.
The Village of Malone.
It shall be unlawful for any person to throw, drop, discard
or otherwise place litter, garbage, refuse or rubbish of any nature
upon any public or private property, other than in a proper receptacle.
It also shall be unlawful to deposit any material which by law should
be recycled.
A.Â
Receptacles and their servicing shall be required at the following
public places: buildings held out for use by the public, including
schools, government buildings and bus stations; drive-in restaurants;
all street vendor locations; construction sites; gasoline service
station islands; self-service refreshment areas; shopping plazas;
and special events to which the public is invited, including sporting
events, parades, carnivals, circuses and festivals. The proprietors
of these places, or the sponsors of these events, shall be responsible
for providing and servicing the receptacles such that adequate containment
of the material is available.
B.Â
The village shall be responsible for the placement and servicing
of receptacles in the active retail area and public parks. If, in
the opinion of the Superintendent of Public Works and/or the Village
Trustees, the public becomes abusive of the receptacles, the village
may provide for their removal and the institution of a carry-in carry-out
policy for litter, garbage, refuse or rubbish in public places.
It shall be unlawful to deposit litter generated off-site or
any litter which by law should be recycled.
No person shall throw or deposit litter in any fountain, pond,
lake, river, stream or any other body of water within the village.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any public place or private property within
the village.
A.Â
No person shall throw or deposit litter, garbage, refuse or rubbish
on any private property within the village, whether owned by such
person or not, except the owner or person in control of private property
may maintain authorized private receptacles for collection.
B.Â
Such owner or person in control of private property shall at all
times maintain the premises free of litter, garbage, refuse or rubbish;
provided, however, that this section shall not prohibit the storage
of litter in private receptacles for collections.
C.Â
Such receptacles are to be kept clean and from public view except
on collection day(s).
No person shall throw or deposit litter in any park within the
village 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 or upon any street or other public place.
Where public receptacles are not provided, all such litter, garbage,
refuse or rubbish shall be carried away from the park by the person
responsible for its presence and shall be properly disposed of elsewhere.
No person shall throw or deposit litter on any open or vacant
private property within the village, whether or not owned by such
person.
No person shall sweep into or deposit into any gutter or street
within the village any accumulation of litter as defined herein, including
but not limited to leaves, grass clippings or other land or garden
waste, except that a person may deposit leaves into the gutter or
street immediately in front of his/her property during periods announced
by the village for pickup or collection thereof.
Persons owning or occupying a place of business or a place of
residence shall keep the sidewalks, entrance walks and parking areas
in front of or upon their premises free of litter.
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any public roadway unless such a vehicle is constructed,
covered or loaded to prevent any of its load from dropping, shifting,
leaking or otherwise escaping therefrom. Any person operating a vehicle
from which any material which constitutes litter, garbage, refuse
or rubbish has fallen or escaped, which could cause an obstruction,
damage a vehicle or otherwise endanger travelers or public property,
shall immediately cause the public property to be cleaned of all such
material and shall pay the cost thereof. It also shall be unlawful
to park any vehicle used for the commercial collection of garbage,
litter, refuse or rubbish in any residentially zoned area or on any
village street except as necessary for the actual collection of said
materials.
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter, garbage, refuse or rubbish before, during or immediately following
completion of any construction or demolition project. It shall be
the duty of the owner, agent or contractor in charge of a construction
site to furnish containers adequate to accommodate flyable or nonflyable
debris or trash at areas convenient to construction areas and to maintain
and empty the receptacles in such a manner and with such a frequency
as to prevent spillage of refuse.
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind and to keep sidewalks, area
ways, front yards, side yards, back yards, courts and alleys free
from accumulation of litter, garbage, refuse or rubbish.
The provisions of this chapter shall be administered and enforced
by the Code Enforcement Office, and said office is charged with the
duty to enforce this chapter and, to that end, to make and sign complaints
for violations in the Village Court of the Village of Malone.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a minimum fine of $50 for
the first offense and a maximum fine of $100 for each subsequent offense.
Any person convicted of illegally depositing more than five pounds
of litter, garbage, refuse or rubbish shall be guilty of a misdemeanor
and shall be fined a minimum of $500, or imprisoned for a term not
to exceed 15 days, or both. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
