Chapter 153, Littering

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Chapter 153, Littering

General References

Brush, grass and weeds -- See Ch. 67.

Garbage, rubbish and refuse -- See Ch. 135.

§ 153-1. Purpose

A clean, wholesome and attractive environment is declared to be of vital importance to the health, safety and welfare of the inhabitants of the Village of Ilion, as is the safeguarding of their material rights against unwarrantable invasion and the protection of public health. In addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Village of Ilion and the general welfare of its citizens.

§ 153-2. Definitions

As used in this chapter, the following terms shall have the meanings indicated:

LITTER -- Garbage, refuse and rubbish as defined herein and all other disposed-of materials which, if thrown or deposited as herein prohibited, tend to create a danger to public health, safety and welfare or that create an unattractive visual image (eyesore) to the general public.

PERSON -- Any individual, head of household, landlord, tenant, association, corporation, agent, Chief Executive Officer, owner or manager of a commercial or industrial establishment and all entities of any kind capable of being sued.

§ 135-3. Collection schedule

A. Collection of garbage, refuse, trash, paper and ashes shall be made from private dwellings at least once a week and once a week from hotels, restaurants and other places of business within the business district.

B. Garbage collection dates will be determined by the Superintendent of Public Works for all sections of the village. Any variation of dates due to holidays shall be published in the official designated newspaper.

§ 153-3. Littering of streets, sidewalks and public places prohibited

It shall be unlawful and a violation of this chapter for any person, firm or corporation to place upon or permit to accumulate upon any public street or sidewalk or other public place in the village any trash, papers, garbage, rubbish, empty containers or other offensive materials, except in public receptacles or in authorized private receptacles.

§ 153-4. Restrictions on vehicles and persons in vehicles

No person, while a driver or a passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the village or upon private property. No person shall drive or move any truck or other vehicle within the village unless such vehicle is so constructed or loaded so as to prevent any land contents or litter from being blown or deposited upon any street, alley or other place.

§ 153-5. Littering of private property

A. No person shall throw or deposit litter on any vacant or occupied private property within the village, whether owned by such person or not.

B. Exceptions.

(1) The owner or person in control of private property may maintain authorized receptacles for collection in such a manner that garbage, refuse and/or rubbish will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

(2) The owner or person in control of private property which actively collects used or disposed-of materials by others for recycling, reuse or distribution to third parties may maintain storage bins for such collections, provided that:

(a) Items which do not fit within said bins shall be placed in a separate area which is screened from the general public view.

(b) Bins are regularly maintained and emptied such that donated items do not spill over onto the surrounding ground and are not visible to the general public. In the inadvertent event of spill over, no items in the public view shall be unattended for a period greater than twelve (12) hours.

§ 153-6. Sweeping into gutters prohibited; sidewalk maintenance

A. No person shall sweep into or deposit in any gutter, street or other public place within the village the accumulate of litter from any building or lot or from any public or private sidewalk or driveway.

B. Persons owning property or occupying property shall keep the sidewalk in front of their premises free of litter.

§ 153-7. Construal of provisions

A. Nothing in this chapter shall be construed as denying any person the right to maintain a mulch pile or accumulation of grass cuttings, leaves or other inoffensive materials on his own or leased property as long as dust, odors or other nuisances are not permitted to develop from the resulting compost.

B. Nothing in this chapter shall be construed as denying any person the right to use ashes or other clean material as fill on his property so long as dust or any other nuisance is not permitted to develop therefrom.

§ 153-8. Penalties for offenses

A. Any person that commits or permits any act or acts in violation of any of the provisions of this chapter shall have been deemed to have committed an offense (violation) and shall be subjected and punished as follows:

(1) First offense. By a fine of no less than fifty dollars ($50.) and no more than two hundred fifty dollars ($250.) or imprisonment not to exceed fifteen (15) days, or both.

(2) Second offense. If convicted of a second offense committed within one (1) year, such fine shall be no less than one hundred dollars ($100.) and no more than two hundred fifty dollars ($250.) or imprisonment not to exceed fifteen (15) days, or both.

(3) Third offense. If convicted of a third offense, all of which were committed within a period of one (1) year, such fine shall be no less than one hundred fifty dollars ($150.) and no more than two hundred fifty dollars ($250.) or imprisonment not to exceed fifteen (15) days, or both.

B. Each twelve-hour period that a violation of this chapter continues shall be and does hereby constitute a separate and distinct offense and violation subject to the penalties herein stated.

C. In addition to the above-stated penalties and punishment, the Village Board may institute and maintain an action or proceeding in the name of the Village of Ilion in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any section of this chapter.