[HISTORY: Adopted by the Town Board of the Town of Delaware 9-17-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
This chapter shall be cited and may be referred to hereinafter as the "Littering Law of the Town of Delaware."
Unless otherwise expressly stated, the following definitions shall, for the purpose of this chapter, have the meanings herein indicated. Any pertinent word or term not a part of this listing shall be construed to have its legal definition.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- 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.
- An individual, firm, partnership, association, corporation, company or organization of any kind.
- PUBLIC PLACE
- All publicly owned property, including any and all streets, roads, highways or other public ways; any and all public parks, grounds, buildings and school property; and anything affixed thereto and thereover.
- 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.
- Town of Delaware.
No person shall throw, deposit or place or permit to be deposited or scattered in or upon any public place or upon any private property within the Town any litter, except in public or private receptacles for collection.
No person shall utilize any public receptacle for the deposit of garbage, litter or refuse collected or accumulated at his household or business.
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 public place or upon any private property. No litter, garbage or refuse shall be placed outside, next to or along any public receptacles.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in private receptacles for collection or disposal.
No person shall sweep into or deposit in any street, road or highway 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.
The Code Enforcement Officer of the Town Code of the Town of Delaware shall have the power, right and authority to serve a notice of violation upon the owner or the agent thereof of any property which is determined to be in violation of this chapter. Such notice shall be served personally or by certified mail, return receipt requested, upon the last known owner of said property, as shown on the last complete tax assessment roll of the Town. The notice shall give such owner 10 days after service of the notice to correct such violation; during which time the owner shall properly remove or cause to be removed such litter from said property.
In the event that all such litter shall not be removed within the time specified in the notice to remove, the Town Board shall hold a hearing, upon five days' public notice, to determine whether the continued deposit of such materials constitutes a public nuisance or a public health hazard. Notice of such hearing shall be given to the owner of the property in such manner specified in § 147-7 hereinabove at least five days prior to such hearing.
If after such hearing the Town Board deems the continued deposit of such materials constitutes a public nuisance or a public health hazard, it shall give notice of such findings by certified mail addressed to the owner of record of such property at the address shown on the last complete tax assessment roll. Such notice shall further state that, if at least 10 days elapse from the service thereof and the violation has not been fully corrected, the entire expense of such correction shall be assessed against such property.
If a period of at least 10 days elapses from the service of the notice required by § 147-8B hereinabove and the violation has not been full corrected, the Town Board shall proceed to take whatever action is necessary to cause the litter or other material to be removed from such property. The total expense of such removal shall be assessed against such property by the Town Board in the manner provided in § 147-8D hereinbelow.
The Town Board shall serve personally or by certified mail upon the owner of record of such property at the address shown on the last complete tax assessment roll a written notice stating that, at a time and place specified therein, it will assess the expense of such removal against such property. Such notice shall be served at least eight days previous to the time specified therein. If directed against a corporation, it may be served upon the corporation at its principal place of business, upon an agent of the corporation within the Town or upon the Secretary of State. Notice served upon the Secretary of State shall be served at least 12 days previous to the time specified therein. At the time and place so specified, the Town Board shall hear the parties interested and shall thereupon finally determine the assessment, stating therein the name of each owner and the amount so assessed. The amount so assessed shall constitute a lien on the real property on which it is levied until paid or otherwise cancelled pursuant to law and shall be collected in the manner fixed by law for the collection of Town taxes.
All police agencies and the Code Enforcement Officer of the Code of the Town of Delaware shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this chapter.
Any person committing an offense against any provision of this chapter shall be guilty of a violation, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both such fine and imprisonment. The continuation of an offense against any provisions of this chapter shall constitute a separate and distinct offense hereunder for each period of 24 hours the offense is continued.
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.