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Tonawanda, NY Trash & Recycling: Illegal Dumping (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Prohibited act
Depositing waste in right-of-way outside collection window
Collection window
Only within 24 hours of pickup time
Enforcing agency
Code Enforcement Officer / Superintendent of Highways
First offense
Written warning
Repeat fines
Up to $250 per subsequent violation

Summary

Dumping waste in a Town of Tonawanda street, road, alley or right-of-way outside the Village of Kenmore is a violation under Code § 181-15 unless it is contained and set out within 24 hours of the scheduled collection time. The Code Enforcement Officer and Superintendent of Highways enforce the ban, and fines climb from a written warning to $250 for repeat offenders under § 181-22.

Any person who shall deposit or leave or cause any other person to deposit or leave in any public right-of-way, road, street, highway or alley in the Town of Tonawanda, outside the corporate limits of the Village of Kenmore, any waste, unless contained and prepared as specified in this chapter and within 24 hours prior to the designated collection time, shall be in violation of this chapter and subject to the penalties provided herein. ... Any violation by a person, firm or corporation of any provision of this chapter or the recycling regulations, as amended from time to time, shall be deemed a violation punishable by the following: (1) First violation: a written warning; (2) Second violation within 12 months of the first violation: a fine of $50; (3) Third violation within 12 months of the first violation: a fine of $100; (4) Fourth violation within 12 months of the first violation: a fine of $150; and (5) Each subsequent violation within 12 months of the first violation: a fine of $250.

Full Breakdown

Section 181-15 of the Town Code targets anyone who deposits or leaves, or causes someone else to deposit or leave, waste in a public right-of-way, road, street, highway or alley outside the Village of Kenmore unless the material is contained and prepared under the chapter's tote and bagging rules and put out no more than 24 hours ahead of the designated collection time. The same chapter separately makes it unlawful under § 181-8 for anyone unauthorized to remove a tote lid or scatter waste already set out for pickup, and § 181-16 requires the person who placed uncollected material, or the property owner, to remove it by 7:00 p.m. of the collection day if the Town refuses to take it.

Reports of dumping go to the Superintendent of Highways under § 181-19, and the Superintendent, the Code Enforcement Officer or their designees can issue appearance tickets under § 181-20, served personally and returnable in Town of Tonawanda Justice Court. The escalating fine schedule in § 181-22A runs from a written warning on a first offense up through $250 for a fifth or later offense within twelve months, and § 181-22C makes each day a violation continues its own separate offense; a fine unpaid after 30 days lets the Town Board authorize the Town Attorney to sue for collection under § 181-22E.

Violations & Fines

Penalties run from a written warning on a first offense to $50, $100, $150 and finally $250 for a fifth or later offense within twelve months under § 181-22A, and each additional day of dumping counts as its own violation. Anyone who assists in the dumping is equally liable, and the notice of violation is contestable in Town of Tonawanda Justice Court.

Frequently Asked Questions

Is it illegal to dump trash on a Tonawanda street or right-of-way?
Yes. Section 181-15 makes it a violation to deposit or leave waste in any public right-of-way, road, street, highway or alley outside the Village of Kenmore unless it is contained and set out no more than 24 hours before the scheduled collection time.
What if the Town refuses to collect my waste because it wasn't set out properly?
Section 181-16 requires you or the property owner to remove the uncollected material by 7:00 p.m. of the designated collection day; leaving it past that time is itself a separate violation.
Who enforces the dumping rules and issues tickets?
The Superintendent of Highways and the Code Enforcement Officer, or their designees, investigate reports under § 181-19 and can issue appearance tickets under § 181-20 returnable in Town of Tonawanda Justice Court.
How much can a repeat dumping violation cost?
Fines escalate under § 181-22A from a written warning on the first offense to $50, $100, $150 and finally $250 for a fifth or later violation within twelve months, with each day counted separately.

Sources & Official References

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