Town of Webb, NY
Herkimer County
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[HISTORY: Adopted by the Town Board of the Town of Webb at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Storage of junk — See Ch. 295.
Solid waste — See Ch. 400.
This chapter shall be cited and may be referred to hereinafter as the "Littering Law of the Town of Webb."
It is the intention of the Town Board of the Town of Webb by the adoption of this chapter to prevent the maintenance of any parcel of real property in the Town of Webb in a cluttered or unclean condition which renders it aesthetically offensive or creates the potential for a public nuisance or a public health hazard.
A. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare; this includes the abandoning of vehicles or the stripping and junking of any vehicles.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the Town, owned or used by the Town and devoted to active or passive recreation.
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind.
PUBLIC PLACE
All publicly owned property, including any and all streets, sidewalks, highways, basements, boulevards, alleys or other public ways; any and all public parks, squares, spaces, grounds, buildings and school property; posts, hydrants, trees, street lamps, utility poles and traffic signs; and anything affixed thereto and thereover.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, automobile parts and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
TOWN
The Town of Webb.
B. 
When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
No person shall throw, deposit or place or permit to be deposited or scattered in or upon any street, lot, sidewalk or other public place, or upon any private property within the Town, any litter or other material of any kind, except in public or private receptacles for collection or in official Town dumps.
Persons placing litter in public or private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, lot, sidewalk, or other public place or upon any private property.
No person shall sweep into or deposit in any gutter, street or other public place within the Town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property or places of business shall keep the sidewalk in front of their premises free of litter.
No person shall throw, deposit or place or permit to be deposited or scattered in or upon any park property or upon any pond, lake, stream or other body of water in a park or elsewhere within the Town any litter or other material of any kind. All such material is to be deposited in public receptacles, where available, and where receptacles are not available, litter is to be removed from the park by the person responsible for its presence and properly disposed of elsewhere. All litter or other such material shall be placed in receptacles in such a manner as to prevent it from being carried or deposited by the elements upon any part of the park or upon any street or other public place.
A. 
Any person who shall violate any of the provisions of this chapter shall be guilty of a violation of this chapter. In addition to any other penalty or remedy herein provided, each and every violation of this chapter shall be punishable by a maximum fine of $250 or a maximum term of imprisonment of 15 days, or both.
B. 
In the case of continuing violation of this chapter, each week that such violation exists shall constitute a separate and distinct offense.
C. 
In addition to all other remedies provided for herein, the Town Board may also enforce obedience to this chapter by injunction or by any other remedy available to it by virtue of the judicial process.
D. 
The remedies contained within this chapter shall further not be exclusive, but shall be in addition to any other remedy provided by law, so long as not inconsistent herewith, nor shall the invoking of any remedy or procedure contained within this chapter preclude the pursuit of any and all other remedies, and the same are intended to be cumulative.