[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City 7-17-2018 by L.L. No. 10-2018. Amendments noted where applicable.]
It is hereby declared and found that litter carelessly deposited in the Village of Johnson City is the cause of civic disgrace; that litter is a health, fire and safety hazard and pollutant; that an all-out litter-control campaign can result in substantial savings to taxpayers of the Village; and that litter is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safeguarding the public health, safety and general welfare of the people of the Village.
Terms defined. As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings indicated.
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.
- COMMERCIAL PLACE
- Any store or building or group thereof, including shopping centers, shopping plazas and other similar places wherein mercantile activities and services are offered to the public and shall include all parking areas thereat.
- (1) Every waste accumulation of animal, vegetable, fruit or similar organic matter that attends the preparation, use, dealing in or storage of meat, fish, fowl, fruit or vegetable; metal containers, paper cartons or other containers that have contained food materials and beverages; smoking products, discarded paper, rubber (excluding tires), cloth, leather, sweepings, as well as inorganic waste such as glass, porcelain or other similar waste materials that ordinarily accumulate around a home, business or industry. Garbage shall not, however, include those items designated by ordinance, rule or regulations as recyclables.
- (2) Further exclusions. Prohibited materials include flammable or explosive substances, paint, paint thinners or solvents, pesticides, acids, caustics, or similar wastes, oil, tires, batteries, garbage or trash generated outside the Village and medical waste.
- 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 public health, safety and welfare or creates unsightliness. Any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste which may be classified as trash, debris, garbage or junk.
- A park, reservation, playground, beach, recreation center or any other public area in the Village, owned or used by the Village and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any house, building or other structure designed or used, either wholly or in 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 or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all sidewalks, public parks, squares, spaces, grounds and buildings.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- RESPONSIBLE PERSON
- In all cases, the property owner; additionally, when readily identifiable, shall also mean the tenant whose solid waste is at issue.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- SOLID WASTE
- All material described as garbage, yard waste and trash as defined in this chapter.
- Discarded household furniture, bedding and mattresses, and other bulky household materials not specifically prohibited by this chapter, too large to place in standard refuse containers, except those items designated by ordinance, rule or regulation as recyclables. Trash shall not include concrete, cinder, block, stone or other masonry materials.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
- The Village of Johnson City in the County of Broome.
- YARD WASTE
- Grass clippings, garden materials, leaves and brush trimmings.
It is unlawful to deposit or throw litter in or upon any sidewalk or other public place within the Village, except in containers or areas lawfully provided therefor.
It shall be unlawful for any person to sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway.
It shall be unlawful to throw or deposit litter in any fountain, pond, lake, stream, river or any other body of water in a park or elsewhere within the Village or on the banks of any such body of water within the Village.
Persons placing litter in public receptacles or in private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any sidewalk or other public place or upon private property.
No person shall sweep or deposit in any gutter or other public place within the Village the accumulation of litter from any building or litter from any public sidewalk or driveway.
No person shall throw or deposit litter from any vehicle upon any street or other public place within the Village, or upon private property.
It shall be unlawful for any person, firm, corporation or organization to transport any loose cargo by truck or other motor vehicle within the limits of the Village unless said cargo is secured and covered in such a manner as to prevent depositing of litter.
Vehicles used to transport upon the street any garbage or other offensive liquid or substance shall have watertight boxes or vessels so as to prevent the contents from leaking.
No person shall drive or move any truck or other vehicle within the Village unless such vehicle is so constructed or located as to prevent any load, contents or litter from being blown or deposited upon any public place; nor shall any person drive or move any vehicle or truck within the Village the wheels or tires of which carry onto or deposit in any public place any mud, dirt, sticky substances, litter or foreign matter of any kind.
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 public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere, as provided herein.
To facilitate proper disposal of litter by pedestrians and motorists, publicly patronized or used establishments and institutions such as, but not limited to, fast-food outlets, shopping centers, convenience stores, supermarkets, commercial parking lots, motels and schools shall provide, regularly empty and maintain in good condition adequate containers that meet the standards as prescribed by the Village by its Public Services Department and/or Code Enforcement.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the Village.
No person shall throw or deposit litter on any occupied private property or commercial place within the Village, whether owned by such person or not, and whether occupied or vacant, except that the owner or person in control of such private property or commercial place may maintain authorized private receptacles for collection in such manner that litter will be prevented from being carried or deposited by the elements upon any public place or upon any private property. The owner or person in control of private property or any portion thereof shall at all times maintain the premises, or that portion controlled by him or her, free of litter. This requirement applies not only to removal of loose litter, but to materials that already are, or become, trapped in such locations as fences and wall bases, borders, embankments and other lodging points.
Each owner or person in control of any commercial place, including shopping centers and delivery and parking areas thereat, shall keep said places, parking fields, parking areas, delivery areas and other open areas which are a part of such commercial place free from litter.
The owner or person in control of any private property shall at all times maintain the premises free from litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Village, whether owned by such person or not.
Any peace officers and any Code Enforcement Officers are hereby authorized and empowered to notify the owner of any open or vacant private property or commercial place within the Village or the agent of such owner to properly dispose of litter located on such owner's property, which litter is a nuisance or dangerous to public health, safety or welfare.
Violation of any of the provisions of this chapter shall be punishable by a fine of not less than $150 and/or 20 hours of community service, but not exceeding $700 and/or 20 hours of community service. The penalties for a second offense within a two-year period shall be a minimum fine of $700 and/or 40 hours of community service, but not exceeding $1,000 and/or 40 hours of community service, imprisonment not exceeding 15 days, or by both such fine, community service or imprisonment. The penalties for a third offense within a three-year period shall be a minimum fine of $1,000, but not exceeding $1,500 and/or imprisonment not exceeding 15 days. Each day's violation shall constitute a separate offense.
Any peace officer and any Code Enforcement Officer may enforce this chapter and report a violation. The officer shall file with the Village Court an information charging the violation of the appropriate section and serve, either in person or by regular mail, the respondent with the information. However, any person who observes an individual violating the respective sections and committing any violation as described thereunder, may file a signed information under oath with the Village Justice specifying the specific violative conduct, the date thereof, the place where the conduct was observed and the name of the individual committing the violation. Thereafter, the Court shall issue a notice of violation, which shall be served either personally or by regular mail upon the individual.
Nothing contained in this chapter shall prevent the Village of Johnson City from seeking judicial or equitable relief to abate violations of this chapter. Nothing contained herein shall require notice as a prerequisite to the issuance of a summons or appearance ticket for a violation of any of the provisions of this chapter.