[HISTORY: Adopted by the Town Board of the Town of Lewisboro 2-25-1971. Amendments
noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 134.
This chapter shall be known as and may be cited as the "Litter
Control Ordinance."
A clean, wholesome, attractive environment is declared to be
of importance to the health, safety and welfare of the inhabitants
of the Town; the safeguarding of their material rights against unwarrantable
invasion; the protection, preservation and enhancement of the community
appearance; the preservation or maintenance of property values; and
to minimize nuisance, as well as to protect against health hazards.
As used in this chapter, the following terms shall have the
meanings indicated:
Relinquishment of any item of personal property and/or litter
with intention of not reclaiming it or resuming its ownership or enjoyment,
and intent shall be presumed at the expiration of 48 consecutive hours
from the time of abandonment.
Waste animal or vegetable matter, such as material from a
kitchen, store, delicatessen, restaurant, food stand, etc.
Includes:
Garbage, refuse, trash or rubbish or any noxious or offensive
matter.
[Amended 11-26-1991 by L.L. No. 1-1991]
All waste materials customarily handled or collected by refuse
collectors or junk dealers.
Items known as "junk," regardless of size, discarded or abandoned
by reason of obsolescence, age or state of repair or intended to be
discarded, abandoned or junked, including but not limited to discarded
household furnishings or appliances, crates, boxes, cartons, building
materials, vehicles, machines, farm equipment, parts of vehicles or
machines or equipment.
Signs, handbills, discarded reading material, newspapers, magazines
or similar paper goods.
Cans, bottles, containers, boxes, cartons or wrappers with or
without contents.
Does not include:
Equipment in actual use by the owner of property for farming,
gardening or construction of improvements on the property site.[1]
Firewood or construction material reserved and stored upon premises
for future use upon said premises, except that the same must be stored
and stacked in orderly fashion and be free from debris not intended
or designed to be used in such future construction. Such materials
shall not be stored in any front yard, nor within 25 feet of rear
or side yards.
Contractors' supplies or materials stored on premises during
periods of construction for which a building permit has been issued
and prior to issuance of a certificate of occupancy.
Recreation equipment in actual use by the owner of the property
and his family or his tenants.
Includes an individual, partnership, corporation or other
legal entity or association, organization or company.
Includes throwing from a vehicle of any type or an aircraft
or boat.
The Town of Lewisboro, New York.
[1]
Editor's Note: Former provisions regarding vehicles,
which immediately followed this subsection, were deleted 11-26-1991
by L.L. No. 1-1991.
A.Â
No person shall throw, deposit or abandon, litter on any property
within the Town, whether public or private, and whether or not owned
by such person, nor shall any property owner use his land for dumping
of litter or permit dumping or accumulation of litter on his property
by others, except that the owner or person in control of private property
shall maintain private receptacles for the collection of litter in
such a manner that litter will not be carried or deposited by the
elements upon the yards or yard or premises of others or upon the
streets, roads and highways or public place or places.
B.Â
Litter not contained in receptacles as aforesaid shall not be stored
or piled on land within the Town, except to facilitate delivery to
the vehicle of a refuse collector, salvage dealer, licensed junk dealer
or a person, firm or charitable organization customarily engaged in
the removal, purchase, collection or salvage of discarded articles
and in such case shall not be so stored in anticipation of such collection
for a period in excess of 48 hours.
D.Â
No person shall throw or deposit or abandon litter upon any open
or vacant property within the Town, regardless of the ownership thereof.
E.Â
No person shall throw or deposit or abandon litter in or upon any
street, highway, walk, park, parking area or other public place within
the Town, except in public receptacles; provided, however, that no
litter defined as "garbage" shall at any time be thrown or deposited
in public receptacles, unless such receptacles are specifically designated
and marked for the reception of garbage.
F.Â
No person owning or operating a place of business shall sweep or
deposit litter from any building or lot in or into any street or public
parking area, and the frontage of such business properties along streets,
public parking areas or access drives leading to parking areas shall
be kept free of litter.
G.Â
No person shall throw or deposit or abandon any litter or foreign
matter of any kind whatsoever in any fountain, pool, pond, lake, stream,
culvert, reservoir or its tributaries or watershed or any body of
water in a park or elsewhere within the Town, except that this provision
shall not prohibit the authorized treatment and control of pools or
reservoirs to control or regulate water purity or aquatic vegetation
by persons or corporations having all required permits issued by state,
county, Town or watershed authorities having jurisdiction over such
treatment or such permits.
H.Â
Signs or posters advertising an event, shall be removed by the persons
or organizations responsible for the erection or affixing of such
signs or posters within 10 days after the happening of the advertised
event.
I.Â
The prohibitions contained herein against the deposit of litter shall
include activities known as "dumping," the maintenance of dumps for
any purpose, including landfill operations, or the use of any property
in the Town as a dumping ground for the benefit of the owner or any
other person.
[Amended 8-14-1984]
A.Â
Any violation of this chapter shall be punishable by a fine of not
less than $50 nor in excess of $2,000 or by imprisonment for a term
not to exceed 15 days, or by both such fine and imprisonment.
B.Â
In addition to the above-provided penalties and punishment, the Town
Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of such chapter.