[HISTORY: Adopted by the Board of Trustees of the Village of Weedsport
at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments
noted where applicable.]
It is hereby declared and found that litter carelessly deposited in
the Village 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 health, safety and general welfare of
the people of the Village.
As used in this chapter, the following terms shall have the meanings
indicated:
Any store or group thereof, including shopping centers, shopping
plazas and other similar places wherein mercantile activities and services
are offered to the public, and further including all parking areas thereat.
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Any printed or written matter, any sample or device, circular, leaflet,
pamphlet, paper, booklet or any other printed or otherwise reproduced original
or copy of any matter of literature which:
Advertises for sale any merchandise, product, commodity or thing.
Directs attention to any business or mercantile or commercial establishment
or other activity for the purpose of either directly or indirectly promoting
the interest thereof by sales.
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which an admission fee is charged for
the purpose of private gain or profit.
While containing reading matter other than advertising matter, is predominantly
and essentially an advertisement and is distributed or circulated for advertising
purposes or for the private benefit and gain of any person so engaged as advertiser
or distributor.
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 the public health, safety and welfare or creates unsightliness.
Any newspaper of general circulation, as defined by law; any newspaper
duly entered with the Post Office Department of the United States in accordance
with federal statute or regulation; and any newspaper filed and recorded with
any recording officer, as provided by law. In addition thereto, "newspaper"
shall mean and include any periodical or current magazine regularly published
with not fewer than four issues per year and sold to the public.
Any printed or written matter, any sample or device, circular, leaflet,
pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise
reproduced original or original or copies of any matter of literature not
included in the aforesaid definitions of a commercial handbill or newspaper.
A park, reservation, playground, beach, recreation center or any
other public area in the Village, or owned or used by the Village, 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, including any yard, grounds, walk,
driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such
dwelling, house, building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other public
ways and any and all 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, shopping carts and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as yard clippings, leaves, wood, glass, bedding, crockery and
similar 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.
No person shall deposit or throw litter in or upon any street, sidewalk
or other public place within the Village, except in public or private receptacles
for collection.
Persons placing litter in public or private receptacles shall do so
in such a manner as to prevent it from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private property.
No person shall sweep or deposit in any gutter, street or other public
place within the Village the accumulation of litter from any building or litter
from any public sidewalk or driveway.
No person while a driver or passenger in a vehicle shall throw or deposit
litter upon any street or 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 operated, constructed and loaded so as to
prevent any load, contents or litter from being blown or deposited upon any
street, alley or other 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 street, alley or other public place 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 street or other 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.
No person shall throw or deposit litter in any river, 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 any commercial or noncommercial handbills
in or upon any sidewalk, street or other public place within the Village.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any vehicle; provided, however, that it shall not be unlawful in
any public place for a person to hand out or distribute, without charge to
the receiver thereof, a noncommercial handbill to any occupant of a vehicle
who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any private premises which is temporarily or continuously uninhabited
or vacant.
A.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handing or transmitting any such handbill directly to the owner,
occupant or other person then present in or upon such private premises.
B.
The provisions of this section shall not apply to the
distribution of mail by the United States or to newspapers, as defined herein,
except that newspapers shall be placed on private property in such a manner
as to prevent their being carried or deposited by the elements upon any street
or other public place or upon private property.
No person shall affix any handbills, posters, signs, etc., to any utility
pole or tree either on public or private property within the Village of Weedsport.
No person shall throw or deposit litter on any private property or commercial
place within the Village, whether owned by such person or not, 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 street or other public place or upon any private property.
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 of 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.
The Board of Trustees or its designated representative is 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 is a nuisance or
dangerous to public health, safety or welfare. Such notice shall be by certified
mail, addressed to said owner at his last known address.
