Town of Southold, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southold 7-31-1973 by L.L. No. 2-1973. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 233, Art. I.

§ 174-1 Definitions.

For the purposes of this chapter, the following words, phrases and terms and their derivations shall have the meaning given herein. 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.
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, any sample or device, dodger, 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 less than four issues per year and sold to the public, commonly containing news, comment, 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 Town, owned or operated by the Town 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 Town, 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 and buildings.
REFUSE
As defined in Chapter 233, Art. I, Garbage, Rubbish and Refuse.
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, crockery.
TOWN
The Town of Southold.
VEHICLES
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or public street.

§ 174-2 Litter in public places.

A. 
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Town except in public receptacles or in authorized private receptacles for collection, or as provided in Chapter 233, Art. I, Garbage, Rubbish and Refuse.
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 Town 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 in front of their premises free of litter.

§ 174-3 Litter from vehicles.

A. 
No person shall throw or deposit litter from any vehicle upon any street or other public place within the Town or upon private property.
B. 
No person shall drive or move any vehicle or truck within the Town, the wheels or tires of which carry onto or deposit in any street, alley or other public place sticky substances or foreign matter of such kind as adheres to the road surface.

§ 174-4 Litter in parks, beaches and bodies of water.

A. 
No person shall throw or deposit litter in any park or beach within the Town 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 Town.

§ 174-5 Litter on private property.

[Amended 5-24-2005 by L.L. No. 7-2005]
A. 
No person shall throw or deposit litter on any private property within the Town, 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 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.
C. 
Litter or debris on private property, either not properly stored or present for a sufficient length of time to constitute constructive notice, may be removed by the Town in any manner deemed appropriate by the Town upon notice to the owner. Notice posted in a conspicuous location upon the property or in the nearby vicinity of the litter or debris for at least three business days shall be deemed sufficient notice.
D. 
Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the removal of litter or debris from property not owned by the Town shall be assessed against the property on which said litter or debris was located. The total costs and expenses shall be determined by the Superintendent of Highways or, in the alternative, by the Town Board and shall be sent by certified mail to the owner of record. If the owner shall fail to make full payment within 14 days from the date of receipt of the mailing, the costs and expenses outstanding shall be reported to the Assessor of the Town as an amount to be levied and assessed against the property. The expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner as other Town charges. That portion of said collected funds shall be returned to the operational budget of the department that incurred the expense of the cleanup.

§ 174-6 Handbills.

A. 
In public places. No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the Town. 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 an express warning by an occupant, except by handing or transmitting any such handbill directly to an occupant, unless he 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.

§ 174-7 Penalties for offenses.

[Amended 1-16-2007 by L.L. No. 3-2007]
Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not to exceed $500 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.