[HISTORY: Adopted by the Town Board of the Town of Athens 9-25-2000 by L.L. No. 3-2000. Amendments noted where applicable.]
It is hereby declared and found that litter carelessly deposited in the town 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 town; 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.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL HANDBILL
- 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:
- A. Advertises for sale any merchandise, product, commodity or thing.
- B. 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.
- C. 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.
- D. 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.
- COMMERCIAL PLACE
- Any site, structure or group thereof, including shopping centers, shopping plazas and other similar places wherein wholesale and/or retail mercantile activities and services are offered, and further including all parking areas thereat.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- INDUSTRIAL PLACE
- Includes facilities wherein the nature, size or shape of articles or raw materials is changed or where articles are assembled, including but not limited to junkyards, foundries, warehouses and manufacturing facilities.
- Garbage, refuse and rubbish, as defined herein, and all other waste material, including used appliances and auto parts, which if thrown or deposited as herein prohibited tends to create a danger to the public health, safety and welfare or creates unsightliness. Materials having a "beneficial use" designation (B.U.D.) are excluded from this definition.
- 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.
- NONCOMMERCIAL HANDBILL
- 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 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 town, or owned or used by the town, devoted to active or passive recreation.
- Includes an individual, society, club, firm, partnership, proprietorship, corporation or association of persons, and the singular number shall include the plural number.
- PRIVATE PREMISES
- 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.
- PUBLIC PLACE
- 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 and/or liquid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, shopping carts and solid market and industrial wastes.
- Streets, roads, avenues, lanes or other traffic ways between right-of-way lines. The term "road" does not include driveways.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, construction debris, metals, 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 road, sidewalk or other public place within the town, 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 road, sidewalk or other public place or upon private property.
No person shall sweep or deposit in any gutter, ditch, road or other public place within the town 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 road or public place within the town or upon private property.
No person shall throw or deposit litter in any municipal park within the Town of Athens 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 road 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, swamp or any other body of water in a park or elsewhere within the town.
No person shall throw or deposit any commercial 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 handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises.
The provisions of this section shall not apply to the distribution of mail by the United States or to newspapers, as defined herein.
No person shall throw or deposit litter on any private property or commercial or industrial place within the town, whether owned by such person or not, except that the owner or person in control of such private property or commercial or industrial place may maintain appropriate 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 but not limited to 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. Necessary measures must be taken to control odors, fire hazards, vectors, blowing litter and scavenging. Storage of litter must be screened from view and be landscaped so as to present a neat appearance.
Each owner or person in control of any industrial place, 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 industrial place free from litter. Necessary measures must be taken to control odors, fire hazards, vectors, blowing litter and scavenging. Storage of litter must be screened from view and be landscaped so as to present a neat appearance.
The Town Board or its designated representative is hereby authorized and empowered to notify the owner of any open or vacant private property or commercial or industrial place within the town, upon written complaint and investigation thereof, 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 or her last known address.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be guilty of an offense punishable by a fine not exceeding $250 or imprisonment for not more than 15 days, or both, and each week that such violation is carried on or continues shall constitute a separate violation.
The Town Board, or its designated representative, is hereby authorized and empowered to order, in writing, the remedying of all conditions found to exist in or on any premises in violation of this chapter.