[HISTORY: Adopted by the Town Board
of the Town of Greenport 3-3-1982 by L.L. 1-1982. Amendments noted
where applicable.]
The following terms, as used in this chapter,
shall have the meanings indicated:
Putrescible animal and vegetable waste resulting from either
the handling, preparation, cooking or consumption of food.
Garbage, refuse, handbills, newspapers and rubbish, as such
are defined, and all other waste materials which, if thrown or deposited
as herein prohibited, tend to create a danger to public health, safety
and welfare or render the streets, private grounds or public places
unsightly.
A park, playground, recreation center or any other public
area owned or used by the Town of Greenport or other public entity
or government, which is devoted to recreational purposes.
Any person, firm, partnership, association, corporation or
organization of any kind.
Any dwelling, house, building or other structure designated
or used, either wholly or in part, for private residential purposes,
whether inhabited or continuously uninhabited or vacant, and includes
any yard, grounds, walk, driveway, porch, steps or vestibule belonging
or appurtenant to such dwelling house, building or other structure.
Any or all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
All putrescible solid wastes (except body wastes), including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal,
junk, machinery and solid market and industrial wastes.
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
All retail stores which permit off-premises consumption of
food or beverage.
The Town of Greenport, County of Columbia and State of New
York.
Every vehicle in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
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;
provided, however, that said public receptacles shall not be used
by persons owning or occupying property in the vicinity of said public
receptacles for the deposit of domestic, commercial and industrial
litter arising from the conduct of said activities.
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.
No person shall drive or move any truck or
other commercial vehicle unless the vehicle is so constructed or loaded
as to prevent any litter from being blown or deposited upon any street,
alley or other public place or private premises. No person shall drive
or move any vehicle or truck if the wheels or tires carry onto or
deposit in any street, alley or other public place any mud, dirt,
sticky substances or foreign matter of any kind from any other place
than the traveled portion of a public street or alley.
No person shall throw or deposit litter in any
park except in public receptacles and in such manner as to prevent
such litter 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 litter shall be carried from the
park by the person responsible for its presence and shall be properly
disposed of elsewhere.
No person shall throw or deposit litter in any
fountain, lake, pond, stream, bay or any other body of water.
No person shall throw or deposit litter on any
occupied private property, whether owned by him or not, except that
the owner or person in control of private property shall maintain
private receptacles for collection in such a manner that litter will
not be carried or deposited by the elements upon any 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.
This section shall not be construed to prohibit the storage of litter
in private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property, whether owned by such person or not.
Notwithstanding the above, any owner of private
property may deposit litter on a private landfill on the owners property
so long as it does not violate the laws, rules or regulations of the
State of New York or the County of Columbia. In addition, said landfill
must be more than 500 feet from any public road or way or any property
boundary line.
[Amended 8-7-1991 by L.L. No. 1-1991]
A.
Notice to remove. The enforcement officer or his duly designated agent is authorized and empowered to notify the owner of any private premises or vacant land, or the tenant or agent of such owner, to remove litter located on such owner's property in violation of § 83-7 or § 83-8 of this chapter. The owner or other person in interest shall have 15 days from the service of notice to remove the litter.
B.
Contents of notice. The notice shall contain the following:
(1)
A description of the premises.
(2)
A statement that the owner is in violation of this
chapter.
(3)
A statement that the owner shall remove the litter
within 15 days of the service of the notice, unless for good cause
shown such time shall be extended.
(4)
A statement that, in the event of neglect or refusal
to comply with the order to remove the litter, the Town Board is authorized
to provide for such removal and to assess all expenses thereon against
the land on which the litter is located.
C.
Failure to comply. In the event of the refusal or
neglect of the person so notified to comply with said notice and order
of the enforcement officer, the property owner or tenant or agent
of such owner shall be sent a second notice which notice shall set
a date, time and place for a hearing before the Town Board in relation
to such violation of this chapter. Such notice shall inform the owner
that the Town will seek to effect the removal of the litter from the
premises and assess the cost for such removal against the subject
property. The hearing shall be scheduled not more than 15 business
days and not less than five business days from the date of service
of the notice.
D.
Hearing. At the hearing, the enforcement officer shall
present evidence that the owner is in violation of this chapter and
that the owner, after notice, failed to comply with the order requiring
removal of the litter. The owner or tenant or agent of such owner
may cross-examine witnesses and present evidence in his or her own
behalf. After hearing, upon a finding by a preponderance of the evidence
that the owner is or remains in violation of this chapter, the Town
Board shall provide for the removal of the litter.
E.
Assessment of expenses. All expenses incurred by the
Town in connection with the proceedings to remove the litter, including
the cost of labor, shall be billed to the owner of the property. If
such expenses are not paid within 30 days, then such expenses shall
be assessed against the property on which such litter is located and
shall be levied and collected in the same manner as provided in Article
15 of the Town Law for the levy and collection of special ad valorem
taxes.
F.
Service of notice. All notices shall be served by
personal service of a copy thereof upon the owner, executor, administrator,
agent or any person having a vested or contingent interest in such
property as shown by the records of the Tax Collector or of the County
Clerk; or, if such person cannot be reasonably found, by mailing to
such person, by registered mail, a copy of such notice directed to
his last known address as shown by the above records and by securely
affixing a copy of such notice upon the premises.
G.
Emergency cases. Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property caused by the litter, the Town may dispense with the notice procedures outlined in Subsections A, B and C of this section and upon 48 hours notice to the owner conduct a hearing pursuant to Subsection D of this section to effect the removal of the litter and the assessment of removal expenses against the property from which such litter is removed.
The owner, agent, lessee, tenant, occupant or
other person who manages or controls a building or lot shall be jointly
or severally responsible for keeping the sidewalk, flagging, curbstone
and the air shafts, areaways, back yards, courts, parking lots and
alleys free from litter.
It is hereby declared to be a duty of the owner
or operator of a take-out restaurant, delicatessen or luncheonette
to provide not less than one authorized private receptacle for the
receipt of trash, litter, paper, napkins, cups and remnants of food
and nonfood items at each exit, available to the patrons as they leave
the premises. If the owner or operator of same shall fail to provide
such receptacles, he shall be fined, upon conviction, as provided
in this chapter.
Any code enforcement officer or building inspector
of the Town of Greenport or any police agency is hereby empowered
and authorized to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter.
[Amended 5-7-2008 by L.L. No. 4-2008[1]]
Any person or persons, association, firm or
corporation who shall violate any of the provisions of this chapter
shall be guilty of an offense and shall be punishable by a fine of
not more than $1,000 for the first offense or imprisonment for not
more than 15 days, or both. All subsequent violations shall be punishable
by a fine of not more than $2,000 or imprisonment for not more than
15 days, or both.
[1]
Editor's Note: This local law also provided
that future amendments to the fine amounts in this section may be
made by resolution of the Town Board.
