[HISTORY: Adopted by the Common Council of the City of Peekskill 4-23-1973 (Ch. 197 of
the 1984 Code); amended in its entirety 5-26-2009 by L.L. No. 11-2009. Subsequent amendments noted where applicable.]
A.
GARBAGE
HANDBILL
LITTER
PERSON
PRIVATE PROPERTY
PRIVATE RECEPTACLE
PUBLIC PLACE
NEWSPAPER
REFUSE
RUBBISH
Definitions. For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
Every waste accumulation of animal, vegetable, fruit or similar
organic matter that attends the preparation, use, cooking, dealing
in or storage of meat, fish, fowl, fruit or vegetables.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, paper, booklet, flyer, brochure, pamphlet, bulletin
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.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure, of any
nature whatsoever, designed or used either wholly or in part for private
purposes, whether occupied or vacant. It also shall include any yards,
lots or grounds, walks or driveways belonging or appurtenant to such
dwelling, house, building or other structure. It shall also include
any vacant property, grounds or lots not belonging or appurtenant
to any such dwelling, house, building or other structure.
A litter storage and collection container of steel, aluminum
or rigid plastic, with or without a heavy-duty plastic liner or sack
structured and placed so that the exit and entrance of rodents or
other animals is prevented; they can be easily cleaned; they will
not break or burst when lifted; they are easily unloaded; and they
are of sufficient integrity to confine such litter between the regular
collections thereof. On its own initiative, or at the request of any
person, firm or corporation, the Common Council may approve as fit
and suitable for such purposes any such container. The term "private
receptacle" shall include within its meaning those containers commonly
known as "dumpsters" or any other container when used to accumulate
or store refuse, trash or rubbish.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
Any newspaper of general circulation as defined by general
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 general law; and, in addition thereto, includes any periodical
or current magazine regularly published with not less than four issues
per year, and sold to the public.
Inorganic waste such as glass, porcelain, crockery, metals,
tin cans or other similar noncombustible matter, and also includes
grass clippings, leaves and tree trimmings.
Includes litter, paper, cardboard, wood, rubber, cloth, leather
or any other similar combustible material.
B.
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 number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
A.
No person shall throw or deposit litter in any park or public places
within the City except in public receptacles and in such a manner
that it will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street 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.
B.
No person shall sweep into or deposit in any gutter, street or other
public place within the City the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway.
C.
No person shall throw or deposit litter from any vehicle upon any
street or other public place within the City or upon private property.
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or any other body of water in a park or elsewhere
within the City.
No person shall throw or deposit litter on any private property
within the City, 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 any private property.
A.
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 authorized
private receptacles for collection.
B.
Persons owning or occupying property shall keep the area or sidewalk
in front of their premises free of litter.
A.
In public places: No person shall throw or deposit any handbill in
or upon any sidewalk, street or other public place within the City.
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 handling 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 them being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
[Amended 3-12-2012 by L.L. No. 4-2012]
A.
Notice to remove. The Director of Public Works is hereby authorized
and empowered to notify the owner of any private property within the
City or the agent of such owner to properly remove and/or dispose
of litter located on such owner's property which is unsightly or dangerous
to public health, safety or welfare. Such notice shall be by personal
service or certified mail, addressed to said owner at his last known
address, as the same appears in the City records.
[Amended 6-24-2019 by L.L. No. 3-2019]
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to comply with the provisions under this chapter, the City Manager or City Manager’s designee may, in lieu of or in addition to written violation, serve a written abatement notice on the owner and the owner’s representative and may cause such work to be undertaken by or on behalf of the City, pursuant to the procedures set forth in § C205 of the City Charter.
A.
Enforcement. The provisions of this Chapter 359 of the Code of the City of Peekskill shall be enforceable by any police officer, code enforcement officer under the direction of the Building Department, code enforcement officer under the direction of the Department of Public Works and any community service officer. In addition, the provisions of this Chapter 359 of the Code of the City of Peekskill shall be enforceable by any park ranger of the City of Peekskill within any City park.
[Amended 6-24-2019 by L.L. No. 3-2019]
B.
Penalties for offenses. A first offense against the provisions of
this chapter shall be punishable by a fine of not less than $150 and
not more than $250. A second offense against the provisions of this
chapter (committed within a three-year period, looking back from the
date of the violation, regardless of the fines imposed on the prior
violation) shall be punishable by a fine of not less than $250 and
not more than $500. A third offense against the provisions of this
chapter (committed within a three-year period, looking back from the
date of the violation, regardless of the fines imposed on the prior
violations) shall be punishable by a fine of not less than $500 and
not more than $1,000. All subsequent offenses against the provisions
of this chapter committed within a three-year period, looking back
from the date of the violation, regardless of the fines imposed on
the prior violations, shall be punishable by a fine of $1,000 or by
imprisonment for a term not to exceed 15 days, or both. Each day a
violation of this chapter is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
C.
Exemption. The provisions of this chapter shall not be applicable
to the activities of a police officer or any City of Peekskill code
enforcement official in the exercise of his or her duties.
Any commercial retail establishment which sells goods, food,
products or other items at retail or wholesale, which items are removed
from the premises by a customer, shall be responsible for the clean
and orderly maintenance of all sidewalks, driveways, curbs and other
public ways for a distance of 75 feet in each direction as measured
from each property line of said premises. Any commercial establishment,
whether wholesale or retail, shall be responsible for the removal
or cleanup of any and all refuse, garbage, trash, wrappers, packaging
or other material which it utilizes or sells in the conduct of its
business. All such commercial establishments shall be obligated to
remove any such refuse, garbage, trash, wrappers, packaging or other
material on a continuous basis from the time they open their business
to the public up to a half hour after they close their business to
the public. For the purpose of this section, trash, refuse, garbage
or other material which remains on City sidewalks, driveways, curbs
or public ways in violation of this section and which, by its nature,
packaging or labeling, is clearly identifiable as having originated
in a particular commercial establishment shall be prima facie evidence,
subject to rebuttal, that such material emanated from said establishment.
