Solid waste — See Ch. 145.
§ 109-1Purpose.
§ 109-2Definitions and word usage.
§ 109-3Public places.
§ 109-4Vehicles.
§ 109-5Parks, beaches and bodies of water.
§ 109-6Private property.
§ 109-7Handbills.
§ 109-8Penalties for offenses.
§ 109-9Enforcement.
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 Washingtonville.
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; works 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.
As used in this chapter, the following words shall have the meanings indicated:
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle of steel, aluminum or plastic, of 10 to 30 gallons' capacity, with tight cover, or larger steel container with closed lid.
- GARBAGE
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- HANDBILL
- Any printed or written matter, circular, leaflet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature.
- 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 or tends to create blight.
- NEWSPAPER
- 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 Post Office Department of the United States in accordance with federal statute or regulation.
- PARK
- 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.
- PERSON
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- 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.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, beaches, squares, spaces,
grounds, green areas, as defined in Chapter 125, Parks and Public
Areas, and buildings.[Amended 5-8-1995 by L.L. No. 5-1995]
- REFUSE
- 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.
- RUBBISH
- 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.
- VEHICLE
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or public street.
- VILLAGE
- The Village of Washingtonville.
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.
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.
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 shall keep the sidewalk in front of their premises free of litter.
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.
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.
No person shall throw or deposit litter in any pond, river, stream or other body of water within the village.
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.
The owner or person in control of private property or any portion thereof shall at all times maintain the premises or that portion controlled by him free of litter, except when stored properly in authorized private receptacles for collection, when such person shall have actual notice thereof or when said litter shall have been present a sufficient length of time to constitute constructive notice.
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.
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.
On private property. No person shall throw or deposit any handbill in or upon any private premises which are:
Temporarily or continuously uninhabited or vacant.
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.
Inhabited but not posted or subject to an 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.
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 $1,000 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 hereunder.
This chapter shall be enforced by the Police Department, Building Inspector, Code Enforcement Officer and any other officer appointed by resolution of the Board of Trustees. All enforcement officers are authorized to issue violation notices and appearance tickets.
