[HISTORY: Adopted by the Town Board of the Town of Goshen 5-22-1986
by L.L. No. 7-1986. Amendments noted where applicable.]
A.
AUTHORIZED PRIVATE RECEPTACLE
GARBAGE
LITTER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWN
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
A litter storage and collection receptacle of steel, aluminum or
plastic, of 10 to 30 gallons' capacity, with tight cover, or a larger steel
container with closed lid.
Putrescible animal and vegetable wastes resulting from handling,
preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other waste
material which, if thrown or deposited are herein prohibited, tends to create
a danger to public health, safety, and welfare, or tends to create blight.
A park, reservation, playground, beach, recreation center or any
other public area in the Town owned or operated by the Town and devoted to
active or passive recreation.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any pond, lake, body of water or any house, building or other structure
not owned or operated by the Town or other governmental unit, whether inhabited
or temporarily or continuously uninhabited or vacant, including any yard,
ground, parking lot, walk, driveway, porch steps, vestibule or mailbox belonging
or appurtenant to such house, building or other structure.
Any and all streets, roads, sidewalks, boulevards, alleys or other
public ways and any and all public parks, beaches, squares, spaces, grounds
and buildings, and any and all public waterways, streams, stream beds, ponds,
lakes and rivers.
Includes garbage and rubbish.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as but not limited to paper wrappings, cardboard, tin cans, wood,
glass, bedding, crockery.
The Town of Goshen.
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; words used in the singular number include the plural;
and words in the masculine include the feminine and the neuter. The word "shall"
is always mandatory and not merely directory.
A.
No person shall throw or deposit litter in or upon any
street, road, sidewalk or other public place within the Town except in public
receptacles or in authorized private receptacles for collection.
B.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it from being
carried or deposited by the elements upon any street, road, sidewalk or other
public place or upon private property.
C.
No person shall sweep into or deposit in any gutter,
street, road 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.
D.
Persons owning or occupying property shall keep the sidewalk,
if any, in front of their premises free of litter.
A.
No person shall throw or deposit litter in any park or
beach 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 beach or upon any street or other public or private
place. Where public receptacles are not provided, all such litter shall be
carried away from the park or beach by the person responsible for its presence
and properly disposed of elsewhere, as provided herein.
B.
No person shall throw or deposit litter in any pond,
river, stream or other body of water or within the limits of such pond, river,
stream or other body of water within the Town of Goshen.
A.
No person shall throw or deposit litter on any private
property within the Town, 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 an authorized private receptacle 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 private
property.
B.
The owner or person in control of private property or
any portion thereof shall at all times maintain the premises of that portion
controlled by him free of litter, except when stored properly in authorized
private receptacles for collection, when such person shall have actual notice
thereof or when said letter shall have been present a sufficient length of
time to constitute constructive notice.
[Amended 9-24-1992 by L.L. No. 3-1992; 8-26-2004
by L.L. No. 6-2004]
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $1,000 or
by imprisonment for a term not exceeding 15 days, or by both such fine and
imprisonment. A second violation is punishable by a fine not exceeding $1,500.
The continuation of any offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
A.
This chapter shall supplement, modify and supersede in
its application to the Town of Goshen the New York State Vehicle and Traffic
Law § 1220.
B.
If any clause, sentence, paragraph, word, section or
part of this chapter shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, word, section or part thereof directly
involved in the controversy in which such judgment shall have been rendered.
