[HISTORY: Adopted by the Board of Trustees of the Village of Highland
Falls 6-7-1988 as L.L. No. 1-1988 (Ch.
74 of the 1971 Code). Amendments noted where applicable.]
The purpose of this chapter is to help preserve and maintain the clean
and wholesome character of the Village and to preserve and maintain the health
and welfare of Village residents by establishing regulations governing the
disposal of litter within the Village of Highland Falls.
[1]
Editor's Note: Section 3 of L.L. No. 1, 1988, provided as follows:
"The Board of Trustees finds that sidewalks are attributes of private property
and intends with this local law to supersede §§ 4-414, 5-516
and 5-518 of the Village Law to the extent said sections may be interpreted
to the contrary."
A.
Word usage. When not inconsistent with the context, words
used in the present tense include the future; words used in the plural number
include the singular; words used in the singular number include the plural;
and words in the masculine include the feminine and the neuter. The word "shall"
is always mandatory and not merely directory.[1]
B.
AUTHORIZED PRIVATE RECEPTACLE
HANDBILL
LITTER
NEWSPAPER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
VILLAGE
As used in this chapter, the following terms shall have
the meanings indicated:
A litter storage and collection receptacle of steel, aluminum or
plastic, of 10 to 30 gallons' capacity, with a tight cover, or a larger
steel container with a closed lid.
Any printed or written matter, circular, leaflet, paper, booklet
or any other printed or otherwise reproduced original or copies of any matter
of literature.
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 public health, safety and welfare or tends to create blight.
A printed publication issued at regular intervals, including any
periodical or current magazine regularly published with not fewer than four
issues per year and sold to the public, commonly containing news, comments,
features and advertisements, including any newspaper duly entered with the
United States Postal Service in accordance with federal statute or regulation.
A park, reservation, playground, beach, recreation center or any
other public area in the Village, owned or operated by the Village and devoted
to active or passive recreation.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any house, building or other structure not owned or operated by the
Village, whether inhabited or temporarily or continuously uninhabited or vacant,
including any yard, ground, parking lot, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such house, building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other public
ways, and any and all public parks, beaches, squares, spaces, grounds and
buildings.
All putrescible and nonputrescible solid wastes, except body wastes,
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as but not limited to paper, wrappings, cardboard, tin cans,
wood, glass, bedding and crockery.
Every device in, upon or by which any person or property is or may
be transported or drawn upon a highway or public street.
The Village of Highland Falls.
A.
No person shall throw or deposit litter in or upon any
street, sidewalk or other public place within the Village except in public
receptacles or in authorized private receptacles for collection.
B.
Persons placing litter in public receptacles or in authorized
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.
C.
No person shall sweep into or deposit in any gutter,
street or other public place within the Village the accumulation of litter
from any building or lot or from any public or private sidewalk or driveway.
D.
Persons owning or occupying property shall keep the sidewalk
adjacent to their premises free of litter.
E.
No person, either in person or by his agent, employee
or servant, shall deposit any kind of litter generated from private premises
into litter receptacles either placed on Village streets or maintained by
the Village for litter purposes. Nothing herein shall be construed so as to
prohibit the use of such receptacles for the deposit of litter generated on
or removed from a public place.
No person shall throw or deposit litter from any vehicle upon any street
or public place within the Village or upon private property.
A.
No person shall throw or deposit litter in any park or
beach 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 beach or upon any street or other public or private
place. Where public receptacles are not provided, all such litter shall be
carried away from the park or beach by the person responsible for its presence
and properly disposed of elsewhere, as provided herein.
B.
No person shall throw or deposit litter in any pond,
river, stream or other body of water within the Village.
A.
No person shall throw or deposit litter on any private
property within the Village, whether owned by such person or not and whether
occupied or vacant, except that the owner or person in control of private
property may maintain authorized private receptacles for collection in such
a manner that litter will be prevented from being carried or deposited by
the elements upon any street, sidewalk or other public place or upon private
property.
B.
The owner of private property or his agent shall, at
all times, maintain the premises free of litter, except when stored properly
in authorized private receptacles for collection.
C.
If the owner of private property fails to remove all
litter from the premises and/or the sidewalk adjacent to the premises within
10 days after the Village posts a notice of violation on the premises and
mails a copy of said notice, return receipt requested, to the owner at its
last known address, the Village is authorized to enter upon the premises and
remove the litter. The costs of such removal shall be a lien against the property
and, if not paid, shall be relevied as a real property tax and collected in
the same manner as other Village taxes.
A.
In public places. No person shall throw or deposit any
handbill in or upon any sidewalk, street or other public place within the
Village. No person shall hand out or distribute any handbill in any public
place except to persons willing to accept it.
B.
On vehicles. No person shall throw or deposit any handbill
in or upon any vehicle, except it shall not be unlawful in any public place
for a person to hand out or distribute a handbill to any occupant of a vehicle
who is willing to accept it.
C.
On private property. No person shall throw or deposit
any handbill in or upon any private premises which are:
(1)
Temporarily or continuously uninhabited or vacant.
(2)
Posted with a sign placed in a conspicuous position near
the entrance thereof, bearing the words "No Peddlers or Agents," "No Advertisements"
or words of similar import indicating the desire of the occupants not to have
such handbills left upon such premises, or where an occupant expressly directs
the person not to throw, deposit or distribute the handbill on the premises.
(3)
Inhabited but not posted or subject to any express warning
by an occupant, except by handing or transmitting any such handbill directly
to an occupant, unless the person so distributing places or deposits any such
handbill so as to secure or prevent it from being blown or drifted about the
premises or sidewalks, streets or other public ways.
D.
The provisions of this section shall not apply to the
distribution of mail by the United States Postal Service nor 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, sidewalk or other public place or upon private property.
Any person committing an offense against any of the provisions of this
chapter shall be punished, upon conviction, by a fine not exceeding $250 or
by imprisonment not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense.