[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York 7-18-1962 by Ord. No. 906. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "West New York Anti-Litter
Ordinance."
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.
GARBAGE
LITTER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWN
VEHICLE
For the purposes of this chapter, the following terms,
phrases, words and their derivatives shall have the meanings given herein.
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
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.
A park, reservation, playground, beach, recreation center or any
other public area within the Town of West New York owned or used by the town
and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any dwelling, house, building or other structure designed or used,
either wholly or in part, for private residential purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and shall include any
yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging
or appurtenant to such dwelling, house, building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other public
ways and any and all public parks, squares, spaces, grounds and buildings.
All putrescible and nonputrescible solid waste, except body wastes,
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, furniture, refrigerators, appliances, building materials and
solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
The Town of West New York, in the County of Hudson.
Every device in, upon or by which any person or property is or may
be transported or drawn upon a highway.
No person shall burn any litter in any open place, whether public or
private, or in any outside receptacle, incinerator or outdoor fireplace.
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. No person shall place any litter in public
places for collection unless said litter is securely wrapped or deposited
in properly covered private receptacles in such a manner as to prevent it
being carried or deposited by the elements upon any streets, sidewalks, other
private places, or upon private property.
No person while a driver or passenger in a vehicle shall throw or deposit
litter upon any street or other public place within the town or upon private
property.
[Amended 7-9-1986 by Ord. No. 1724]
No person owning or occupying a place of business shall sweep into or
deposit in any gutter, street, sewer 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. Persons owning or occupying places of business
within the town shall keep the sidewalk in front of their business premises
free of litter. Said persons shall be required to sweep in front of their
business premises at least once each business day. Any accumulation of litter
swept in this manner shall not be deposited in any gutter, street, sidewalk,
sewer or other public place.
No person shall sweep into or deposit in any gutter, street, sewer 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. Persons owning
or occupying property shall keep the sidewalk in front of their premises free
of litter.
No person shall drive, load or move any truck or other vehicle within
the town unless such vehicle is so constructed or loaded as to prevent any
load, content or litter from being blown or deposited upon any street, alley
or other public place. Nor shall any person 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, an excessive amount of mud, dirt, sticky
substances, litter or foreign matter of any kind.
No person shall throw or deposit litter in any park 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 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.
No person shall throw or deposit litter in any fountain, pond, lake,
stream, lagoon, bay or any other body of water in a park or elsewhere within
the town.
No person shall throw or deposit litter on any occupied private property
within the town, whether owned by such person or not, 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.
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.
No person shall throw or deposit litter on any open or vacant public
or private property within the town whether owned by such person or not.
No person shall leave or abandon any shopping cart upon the sidewalks,
streets or roadways of the Town of West New York.
Any litter boxes or litter baskets which are now provided by the town
shall not be used by any person or persons for the depositing of garbage,
rubbish or refuse therein.
[Amended 10-16-1974 by Ord. No. 1161; 10-19-1977
by Ord. No. 1261]
Any person violating any of the provisions of this chapter shall be subject to the penalties provided for in Chapter 1, General Provisions, Article 1. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
