This Article is enacted in recognition of the fact that the accumulation
of rubbish, refuse, litter, noxious growths or other debris abandoned or stored
on private property can constitute both a public and private nuisance. Such
accumulations are a source of potential harm to children and others who may
find them attractive nuisances; they constitute a blight on the village landscape,
destroying the aesthetic qualities of the village, and are generally unsightly
and are obvious sources of potential danger. The existence of such accumulations
tends to depreciate not only the property on which they are located but also
the property of other persons. They render the village a less safe and less
pleasant place in which to live and do business. The intent of this Article
is to establish a legal procedure for the removal of rubbish, garbage, litter,
noxious growths or other debris on lands in the Village of Colonie, New York,
where they are found outside duly licensed establishments.
As used in this Article, the following terms shall have the meanings
indicated:
GARBAGE
The putrescible animal and vegetable wastes resulting form the handling,
preparation, cooking and consumption of food.
LITTER
Refuse and rubbish and all other waste material which, if thrown
or deposited as herein prohibited, tends to create a danger to public health,
safety and welfare.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed or used,
either wholly or in part, for private, residential or other purposes, whether
inhabited or vacant, and shall include any yard, walk, driveway, steps, vestibule
or mailbox belonging to or appurtenant to such dwelling, house, building or
other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public
ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes),
including but not limited to garbage, rubbish, ashes, street cleanings, discarded
refrigerators, appliances, mattresses, stoves, hot-water tanks, washing machines,
clothes dryers, tires, furniture, motors, machinery, equipment, abandoned
motor vehicles, motorcycles, bicycles and other industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as paper, wrappings, cigarettes, tin cans, yard clippings, leaves,
brush, bushes, trees, branches, wood, glass, crockery, stone, scrap materials
and similar materials.
VILLAGE
The Village of Colonie, New York.
WEEDS
Refers to but is not limited to any organic growth, nonexclusive
of seed and/or pollen, which constitutes a fire, health or safety hazard or
creates an unsightly condition.
No person shall throw or deposit litter on any occupied private property
within the village. The owner or person in rental of any private property
shall at all times maintain the premises free from litter. 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 private
property within the village, whether owned by such person or not.
It shall be the duty of every owner or owners of land, vacant or improved,
and of every tenant, lessee or occupant of land, vacant or improved, within
the village to keep the land that they own or rent or occupy free from weeds
and other noxious growths.
Any person committing an offense against any provision of this Article
shall be guilty of a violation punishable as follows: by imprisonment for
a term not exceeding 15 days or by a fine not exceeding $250, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this Article shall constitute, for each day an offense is continued, a
separate and distinct offense hereunder.