[HISTORY: Adopted by the Town Board of the
Town of Southeast 9-17-1987 by L.L. No. 4-1987. Amendments noted where
applicable]
A clean, wholesome, attractive environment is
declared to be of importance to the health, safety and welfare of
the inhabitants of the Town; to the safeguarding of their material
rights against unwarrantable invasion, to the protection, preservation
and enhancement of the community appearance, to the preservation or
maintenance of property values, and to the minimizing of nuisances
as well as protection against health hazards.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
To relinquish any item of personal property and/or litter
with the intention of not reclaiming it or resuming its ownership
or enjoyment; and intent shall be presumed at the expiration of 48
consecutive hours from the time of abandonment.
Waste animal or vegetable matter, such as material from a
kitchen, store, delicatessen, restaurant, food stand, etc.
Includes:
Garbage, refuse, trash or rubbish or any nauseous
or offensive matter.
All waste materials customarily handled or collected
by refuse collectors or junk dealers.
Items known as "junk," regardless of size, discarded
or abandoned by reason of obsolescence, age or state of repair or
intended to be discarded, abandoned or junked, including but not limited
to discarded household furnishings or appliances, crates, boxes, cartons,
building materials, vehicles, machines, farm equipment or parts of
vehicles or machines or equipment.
Signs, handbills, discarded reading material,
newspapers, magazines or similar paper goods.
Cans, bottles, containers, boxes, cartons or
wrappers, with or without contents.
Shall not include:
Equipment in actual use by the owner of property
for farming, gardening or construction of improvements on the property
site.
Vehicles carrying current registration plates,
unless abandoned by the owner thereof for 48 hours or more.
Construction materials reserved and stored upon
premises for future use upon said premises, except that the same must
be stored and stacked in an orderly fashion and be free from debris
not intended or designed to be used in such future construction. Such
materials shall not be stored in any front yard nor within 25 feet
of rear or side yards.
Contractors' supplies or materials stored on
premises during periods of construction for which a building permit
has been issued and prior to issuance of a certificate of occupancy.
Recreation equipment in actual use by the owner
of the property and his family or his tenants.
Includes an individual, partnership, corporation or other
legal entity or association, organization or company.
Includes throwing from a vehicle of any type or from an aircraft
or boat.
That part of the Town of Southeast outside of any incorporated
village located therein.
A.
No person shall throw, deposit or abandon litter on
any property within the Town, whether public or private and whether
or not owned by such person, nor shall any property owner use his
land for dumping of litter or permit dumping or accumulation of litter
on his property by others, except that the owner or person in control
of private property shall maintain private receptacles for the collection
of litter in such a manner that litter will not be carried or deposited
by the elements upon the yard or yards or premises of others or upon
the streets, roads and highways or public place or places.
B.
Litter not contained in receptacles as aforesaid shall
not be stored or piled on land within the Town except to facilitate
delivery to the vehicle of a refuse collector, salvage dealer, licensed
junk dealer or a person, firm or charitable organization customarily
engaged in the removal, purchase, collection or salvage of discarded
articles, and in such case shall not be so stored in anticipation
of such collection for a period in excess of 48 hours.
D.
No person shall throw or deposit or abandon litter
upon any open or vacant property within the Town, regardless of the
ownership thereof.
E.
No person shall throw or deposit or abandon litter
in or upon any street, highway, walk, park, parking area or other
public place within the Town except in public receptacles; provided,
however, that no litter defined as "garbage" shall at any time be
thrown or deposited in public receptacles unless such receptacles
are specifically designated and marked for the reception of garbage.
F.
No person owning or operating a place of business
shall sweep or deposit litter from any building or lot in or into
any street or public parking area, and the frontage of such business
properties along streets, public parking areas or access drives leading
to parking areas shall be kept free of litter.
G.
No person shall throw or deposit or abandon any litter
or foreign matter of any kind whatsoever in any fountain, pool, pond,
lake, stream, culvert, reservoir or its tributaries or watershed or
any body of water in a park or elsewhere within the Town, except that
this provision shall not prohibit the authorized treatment and control
of pools or reservoirs to control or regulate water purity or aquatic
vegetation by persons or corporations having all required permits
issued by state, county, Town or watershed authorities having jurisdiction
over such treatment or such permits.
H.
Signs or posters advertising an event shall be removed
by the persons or organizations responsible for the erection or affixing
of such signs or posters within 10 days after the happening of the
advertised event.
I.
The prohibitions contained herein against the deposit
of litter shall include activities known as "dumping," the maintenance
of dumps for any purpose, including landfill operations, or the use
of any property in the Town as a dumping ground for the benefit of
the owner or any other person.
This chapter and the penalties provided herein shall be in addition to and not in substitution of the rights and remedies of the Town of Southeast and its inhabitants, at law and in equity, under the Penal Law, Public Health Law, Vehicle and Traffic Law, Putnam County Sanitary Code or Chapter 138, Zoning, or any and all laws or ordinances relating to the conduct or activities similar to those prohibited herein.
A.
An offense against the provisions of this chapter
shall constitute a violation under the Penal Law and shall be punishable
by a fine not to exceed $1,000 or by imprisonment for not more than
15 days, or both.
[Amended 6-16-1988 by L.L. No. 5-1988; 3-16-1989 by L.L. No.
1-1989]
B.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of such chapter.
