[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.
A.Â
Terms defined. As used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings indicated.
B.Â
COMMERCIAL PLACE
GARBAGE
(1)Â
(2)Â
LITTER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RESPONSIBLE PERSON
RUBBISH
SOLID WASTE
TRASH
VEHICLE
VILLAGE
YARD WASTE
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.
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.
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.
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.
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.
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.
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.
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.
Grass clippings, garden materials, leaves and brush trimmings.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
No person shall throw or deposit litter from any vehicle upon any
street or other public place within the Village, or upon private property.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
