[HISTORY: Adopted by the Board of Trustees of the Village of Pomona 6-26-1989 by L.L. No. 2-1989. Amendments noted where applicable.]
This chapter shall be cited and may be referred to hereinafter as the "Littering Law of the Village of Pomona."
It is the intention of the Village Board of the Village of Pomona by the adoption of this chapter to prevent the maintenance of any parcel of real property in the Village of Pomona in a cluttered or unclean condition which renders it aesthetically offensive or creates the potential for a public nuisance or a public health hazard.
A. 
When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
GARBAGE
Normal, usual kitchen and household solid waste, primarily from perishable or disposable items, including but not limited to leftover food matter, crockery, dishes, pots, pans, disposable eating utensils, etc.
[Amended 2-26-2018 by L.L. No. 3-2018]
LANDSCAPE VEHICLE
Any vehicle, as defined by the Vehicle and Traffic Law of the State of New York, licensed to operate on the highways of the State of New York and used, for commercial purposes, with or without a trailer, to transport landscape tools, mowers, clippers, seed, shrubbery, trees and other landscape tools and materials, but the term shall not include a vehicle used solely by a person, firm or corporation to perform landscaping within the confines of his or its own property, whether owned or leased.
[Added 6-23-2003 by L.L. No. 2-2003]
LITTER
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. Litter includes the abandoning of vehicles, the stripping or junking of any vehicles, the deposit of snow in public streets and rights-of-way and permitting vegetation in front yards on private property to grow to a height in excess of 12 inches. Litter shall not include rain gardens, trees, shrubs, flowering plants, ornamental grasses or steep slopes.
[Added 6-23-2003 by L.L. No. 2-2003; amended 10-9-2012 by L.L. No. 2-2012]
PARK
A park, reservation, playground, beach, recreation center or any other public area in the Village owned or used by the Village and devoted to active or passive recreation.
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind.
PUBLIC PLACE
All publicly owned property, including any and all streets, culs-de-sac, sidewalks, highways, basements, boulevards, alleys or other public ways; any and all public parks, squares, spaces, ground, buildings and school property; posts, hydrants, trees, street lamps, utility poles and traffic signs; and anything affixed thereto and thereover.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, leaves, grass clippings and other products of the work of commercial landscape contractors, dead animals, abandoned automobiles, automobile parts and solid market and industrial wastes. "Refuse" shall not mean compost piles.
[Amended 6-23-2003 by L.L. No. 2-2003]
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
SNOW-PLOWING VEHICLE
Any vehicle, as defined in the Vehicle and Traffic Law of the State of New York, licensed to operate on the highways of the State of New York and used, for commercial purposes, to plow snow, but the term shall not include a vehicle used solely by a person, firm or corporation to plow snow within the confines of his or its own property, whether owned or leased, nor shall it include a vehicle used solely by a governmental entity to plow snow on public roads, highways and thoroughfares.
[Added 6-23-2003 by L.L. No. 2-2003]
VILLAGE
The Village of Pomona.
[Amended 8-26-1991 by L.L. No. 3-1991; 6-23-2003 by L.L. No. 2-2003]
A. 
No person shall throw, deposit or place or permit to be deposited or scattered in or upon any street, lot, sidewalk or other public place, or upon any private property within the Village, any litter or other material of any kind, except in public or private receptacles for collection. Receptacles or material for collection shall not be placed at curbside before 3:00 p.m. on the day preceding the collection date and shall be removed from curbside not later than 11:59 p.m. on the day of collection.
[Amended 8-17-2015 by L.L. No. 3-2015; 2-26-2018 by L.L. No. 3-2018]
B. 
No person shall plow, shovel, sweep or pile snow, ice or other materials in or beyond the right-of-way of any street or public highway or cause such to be done so as to interfere with the safety and convenience of public travel.
C. 
No person shall park or leave its landscape vehicle in the right-of-way of any street or public highway or cause such to be done so as to interfere with the safety and convenience of public travel.
D. 
No person shall dump, deposit or cast off clippings, leaves, and other landscape debris, in a public park or in the right-of-way of any street or public highway or cause such to be done so as to cause a health hazard by providing fertile ground for vermin, unpleasant odors and unsightly accumulations.
E. 
No person shall permit vegetation to grow to a height in excess of 12 inches in front yards of private property owned or controlled by such person. The existence of vegetation at a height in excess of 12 inches in the front yard of a privately owned property shall be presumptive evidence that the owner or person in control of such property has permitted the condition to exist.
[Added 10-9-2012 by L.L. No. 2-2012]
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, lot, sidewalk or other public place or upon any private property.
[Amended 10-9-2012 by L.L. No. 2-2012]
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 private receptacles for collection.
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. Persons owning or occupying property or places of business shall keep the sidewalk in front of their premises free of litter.
No person shall throw, deposit or place or permit to be deposited or scattered in or upon any park property or upon any pond, lake, stream or other body of water in a park or elsewhere within the Village any litter or other material of any kind. All such material is to be deposited in public receptacles, where available, and, where receptacles are not available, litter is to be removed from the park by the person responsible for its presence and properly disposed of elsewhere. All litter or other such material shall be placed in receptacles in such a manner as to prevent it from being carried or deposited by the elements upon any part of the park or upon any street or other public place.
[Added 3-27-2017 by L.L. No. 1-2017[1]]
The Code Enforcement Officer of the Village of Pomona shall have the power, right and authority to issue an appearance ticket as the term is defined in Article 150 of the Criminal Procedure Law of the State of New York for violations of this chapter.
[1]
Editor’s Note: Pursuant to this local law, former § 91-9, First notice, was deleted.
[Amended 10-9-2012 by L.L. No. 2-2012; 3-27-2017 by L.L. No. 1-2017]
In addition to the issuance of appearance tickets as set forth in § 91-9 above, the Board of Trustees may, in its discretion, correct the condition and recover the costs thereof, as follows:
A. 
The Code Enforcement Officer shall serve a notice of violation upon the owner of any property that is determined to be in violation of this chapter, which notice shall be served personally or by certified mail, return receipt requested, upon the last known owner of said property as shown on the last complete tax assessment roll for the Village. The notice shall give such owner 10 days after service of the notice to correct said violation, during which time the owner shall remove or cause to be removed such litter or other material from said property.
B. 
In the event that all such litter or other material shall not be removed within the time specified in the notice to remove, the Board of Trustees may hold a hearing, upon five days' written notice, to determine whether the continued deposit of such litter or other material constitutes a public nuisance or is a danger to the public health, safety or welfare or is aesthetically offensive and excessively dissimilar to other properties in the neighborhood. Notice of such hearing shall be given to the owner of the property in the same manner specified in Subsection A of this section at least five days prior to said hearing.
C. 
If, after such hearing, the Board of Trustees determines that the condition of the property is a public nuisance or is a danger to the public health, safety or welfare or is aesthetically offensive and excessively dissimilar to other properties in the neighborhood, it shall give notice of its findings, by certified mail, return receipt requested, addressed to the owner of record of such property at the address shown on the last complete tax assessment roll. Such notice shall further state that if a period of at least 10 days elapses from the service thereof and the condition has not been fully corrected, the Board of Trustees will cause the condition to be corrected and the cost thereof, including administrative costs and reasonable attorney's fees, shall be assessed against such property.
D. 
If a period of at least 10 days elapses from the date of the notice specified in Subsection B above and the condition has not been fully corrected, the Board of Trustees may take whatever action it deems necessary to correct the condition. The cost of such correction, together with administrative costs and reasonable attorney's fees, if any, shall be assessed against the property in the same manner as a tax lien.
E. 
The Village Board shall serve personally or by certified mail upon the owner of record of such property, at the address shown on the last complete tax assessment roll, a written notice, stating that at a time and place specified therein, it will assess the expense of such removal against such property. Such notice shall be served at least eight days previous to the time specified therein. If directed against a corporation, it may be served upon the corporation at its principal place of business, upon an agent of the corporation within the Village or upon the Secretary of State of the State of New York. Notice served upon the Secretary of State shall be served at least 12 days previous to the time specified therein. At the time and place so specified, the Village Board shall hear the parties interested, and shall thereupon finally determine the assessment, stating therein the name of each owner and the amount so assessed. The amount so assessed shall constitute a lien on the real property on which it is levied until paid or otherwise canceled pursuant to law and shall be collected in the manner fixed by law for the collection of Village taxes.
A. 
Any person who shall refuse or neglect to comply with any provision of this chapter or any notice given pursuant to this chapter shall be guilty of a violation of this chapter.
[Amended 3-27-2017 by L.L. No. 1-2017]
B. 
In the case of continuing violation of this chapter, each week that such violation exists shall constitute a separate and distinct violation.
C. 
In addition to all other remedies provided for herein, the Village Board may also enforce this chapter by injunction or by any other remedy available to it by virtue of the judicial process.
D. 
A violation of this chapter shall be punishable by a fine of $500.
[Added 9-25-2000 by L.L. No. 6-2000; amended 6-23-2003 by L.L. No. 2-2003]
[1]
Editor’s Note: Pursuant to L.L. No. 1-2017, 3-27-2017, former § 91-11, Appearance tickets, was renumbered as § 91-9, and former § 91-12, Penalties for offenses, was renumbered as § 91-11.