[HISTORY: Adopted by the Town Board of the
Town of Southold 7-31-1973 by L.L.
No. 2-1973. Amendments noted where applicable.]
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.
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.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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.
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 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.
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.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
Any and all streets, sidewalks, boulevards, alleys or other
public ways, and any and all public parks, beaches, squares, spaces,
grounds and buildings.
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.
The Town of Southold.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway or public street.
B.Â
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.Â
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.Â
Persons owning or occupying property shall keep the
sidewalk in front of their premises free of litter.
A.Â
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.Â
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.
A.Â
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.Â
No person shall throw or deposit litter in any pond,
river, stream or other body of water within the Town.
[Amended 5-24-2005 by L.L. No. 7-2005]
A.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
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.Â
On private property. No person shall throw or deposit
any handbill in or upon any private premises which are:
(1)Â
Temporarily or continuously uninhabited or vacant.
(2)Â
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)Â
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.Â
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.
[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.
