This chapter shall be known and may be cited as the "Abandoned Vehicles,
Litter and Dumping Control Law."
The intent of this chapter is to safeguard the health, safety and welfare
of the inhabitants of the Town of Putnam Valley; to safeguard against unwarranted
invasion; to protect, preserve and maintain property values; to minimize nuisances;
to protect against health hazards; and to prevent abandonment or dumping of
motor vehicles.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
ABANDON OR DUMP
A.
For items of personal property other than motor vehicles, the relinquishment
of personal property, including parts of motor vehicles, and/or littering
with the intention of not reclaiming said property or resuming its ownership
or enjoyment.
B.
A motor vehicle shall be deemed to be abandoned or dumped if left:
(1)
With no license plates affixed thereto for more than six hours on a
highway or other public place;
(2)
With or without license plates for more than 24 hours on a highway or
other public place, except a portion of a highway or public place on which
parking is legally permitted;
(3)
For more than 48 hours after the parking of such vehicle shall become
illegal if left on a portion of a highway or public place on which parking
is legally permitted; or
(4)
For more than 24 hours on the property of another if left without the
permission of the owner.
LITTER
A.
Garbage, refuse, trash or rubbish or noxious or offensive matter. "Garbage"
is waste animal or vegetable matter, such as materials from a kitchen, store,
restaurant or food stand.
B.
All waste materials customarily handled or collected by refuse collectors
or junk dealers.
C.
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 motor vehicles or parts
thereof.
D.
Discarded reading material, newspapers, magazines or similar paper goods,
cans, bottles, containers, cartons or wrappers, with or without contents.
Each violation of this chapter constitutes an offense and shall be punishable
as follows:
A. By a fine not exceeding $500 or imprisonment for a period
not to exceed 15 days, or both, for conviction for a first offense; for conviction
of a second offense, both of which were committed within a period of five
years, by a fine not less than $500 nor more than $1,000 or imprisonment not
to exceed 15 days, or both; and upon conviction for a third offense, all of
which were committed within a period of five years, by a fine not less than
$1,000 nor more than $1,500 or imprisonment for a period not to exceed 15
days, or both. However, for the purpose of conferring jurisdiction upon courts
and judicial officers, generally, violations of this chapter shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating to
misdemeanors shall apply to such violations. Each week's continued violation
shall constitute a separate additional violation.
[Amended 11-17-2004 by L.L. No. 5-2004]
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.
C. The Code Enforcement Officer and his deputies, members
of the Town Board, and other law enforcement agencies are empowered to enforce
this chapter and, to that end, shall have the authority to issue appearance
tickets pursuant to Criminal Procedure Law § 150.20.
[Amended 11-16-2005 by L.L. No. 3-2005]
Any person violating any of the provisions of this chapter shall become
liable to the Town for any expenses, loss or damage occasioned the Town by
reason of such violation, including but not limited to court costs, attorney's
fees, the cost of cleanup, removal and disposal of said items and/or any other
costs incurred by the Town in the enforcement of this provision.