[HISTORY: Adopted by the Town Board of the Town of Dover 9-11-1989 by L.L. No. 1-1989. Amendments noted where applicable.]
It is hereby determined by the Town Board that litter carelessly deposited in the town is a cause of civic disgrace; that litter is a health, fire and safety hazard and pollutant; 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 health, safety and general welfare of the people of the town.
The Town Board of the Town of Dover does hereby ordain and enact the Town of Dover Littering Law pursuant to the authority and provisions of § 130 of the Town Law and § 10 of the Municipal Home Rule Law. This chapter expressly supersedes and repeals the town ordinance enacted on May 12, 1975, titled "Garbage, Rubbish and Refuse."
As used in this chapter, the following terms shall have the meanings indicated:
- Putrescible animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or consumption of food.
- Garbage, refuse, handbills, newspapers and rubbish, as such are defined, and all other waste materials which, if thrown or deposited as herein prohibited, tend to create a danger to public health, safety and welfare or render the streets, private grounds or public places unsightly, including household waste.
- A park, playground, recreation center or any other public area owned or used by the Town of Dover or other public entity or government which is devoted to recreational purposes.
- Any person, firm, partnership, association, political subdivision, government agency, corporation or organization of any kind.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designated or used, either wholly or in part, for private residential purposes, whether inhabited or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling house, building or other structure.
- PUBLIC PLACE
- Any or all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- PUBLIC STRUCTURE OF BUILDING
- Any structure or building owned or operated by the federal, county or state government or any governmental agency.
- Describes the tendency of organic matter to decompose with the formation of malodorous by-products.
- All putrescible solid wastes, except body wastes, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk machinery and solid market and industrial wastes.
- Nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, glass, bedding, crockery, building materials and similar materials.
- SURFACE WATERS
- Any lakes, ponds, reservoirs, perennial streams and springs, rivers, creeks, marshes, regulated and unregulated wetlands and all other perennial bodies of surface water, natural or artificial, public or private.
- TAKE-OUT RESTAURANT, LUNCHEONETTE or DELICATESSEN
- All retail stores which permit off-premises consumption of food or beverage.
- The Town of Dover, County of Dutchess and State of New York.
- Every vehicle 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.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place or property within the town, except in public receptacles and in authorized private receptacles for collection; provided, however, that said public receptacles shall not be used by persons owning or occupying property in the vicinity of said public receptacles for the deposit of domestic, commercial and industrial litter arising from the conduct of said daily activities.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the town.
No person shall drive or move any truck or other commercial vehicle unless the vehicle is to be constructed or loaded as to prevent any litter from being blown or deposited upon any street, alley or other public place or private premises.
No person shall throw or deposit litter in any park except in public receptacles and in such manner as to prevent such litter from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried from the park by the person responsible for its presence and shall be properly disposed of elsewhere.
No person shall throw or deposit litter in any lake, pond, stream, bay or any other body of water.
No person shall throw or deposit litter on any occupied private property, whether owned by him or not, except that the owner or person in control of private property shall maintain private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not be construed to prohibit the storage of litter in private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property, whether owned by such person or not.
Distribution on public property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public property within the town.
Distribution to vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle.
Distribution on uninhabited or vacant private property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private property which is temporarily or continuously unoccupied or vacant.
Distribution on inhabited private property. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private property within the town unless the person distributing such handbill obtains the written consent of the person owning or occupying the property. However, this prohibition shall not apply to the distribution of advertising materials through the mail nor to newspapers nor to the distribution of advertising material by any charitable organization and/or for nonprofit organizations, except that these newspapers and all such advertising materials shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public property or upon private property.
Notice to remove. The enforcement officer or his duly designated agent is authorized and empowered to notify the owner of any private premises or vacant land or the tenant or agent of such owner to dispose properly of litter located on such owner's property which is dangerous to the public health, safety or welfare. Notice shall be by registered or certified mail, return receipt requested, addressed to said property owner or his agent or tenant at his last known address or served personally upon said owner, tenant or agent.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days from receipt of the written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event that it is returned by the town by the Post Office because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the enforcement officer or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the town or to cite the owner, tenant or agent of such owner with a violation of this chapter.
In situations where the town has effected the removal of dangerous litter or has paid for its removal, the actual cost thereof shall, unless paid by the owner prior thereto, be charged to the owner of the property on the next regular tax bill forwarded to the owner by the town. The charge shall be due and payable by the owner at the time set for payment of the tax bill.
Where the full amount due the town is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections B and C of this section, then and in that case the enforcement officer shall certify the cost thereof to the Town Tax Collector, who shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event that they are not paid in full on or before the date the tax bill upon which the charge appears become delinquent. The certification of the enforcement officer in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
The owner, agent, lessee, tenant, occupant or other person who manages or controls a building or lot shall be jointly or severally responsible for keeping the sidewalk, flagging, curbstone and the air shafts, areaways, backyards, courts, parking lots and alleys free from litter.
It is hereby declared to be a duty of the owner or operator of a take-out restaurant, delicatessen or luncheonette to provide not less than one authorized private receptacle for the receipt of trash, litter, paper, napkins, cups and remnants of food and nonfood items at each exit available to the patrons as they leave the premises. If the owner or operator of the same shall fail to provide such receptacles, he shall be fined, upon conviction, as provided in this chapter.
Any code enforcement officer or building inspector of the Town of Dover or any police agency is hereby empowered and authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter.
Any person or persons, association, firm or corporation who or which shall violate any of the provisions of this chapter shall be guilty of an offense and shall be punishable by a fine of not more than $500 for the first offense and $1,000 for a second offense.