Town of Deerpark, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Deerpark by L.L. No. 9-2000.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Collection of solid waste — See Ch. 192.
[1]
Editor's Note: This local law also provided as follows: “Please take notice to the extent that this local law may conflict with applicable portions of the Town Law of the State of New York, including Sections 20 and 24 of the Town Law, it is the stated intention of the Town to exercise its authority to supersede and amend, as granted under the Municipal Home Rule Law of the State of New York, Section 10. The Town hereby provides notice that it is exercising its authority to supersede and amend pursuant to Municipal Home Rule Law of the State of New York Section 22.”
This chapter is hereby entitled "Regulation of Littering and Dumping in Public and Private Places of the Town of Deerpark."
A. 
As used within this chapter, the following terms shall have the meanings indicated:
AUTHORIZED PRIVATE RECEPTACLE
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.
GARBAGE
Putrescible animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse, and rubbish as defined herein and all other waste material which, if thrown or deposited are herein prohibited, tend to create a danger to public health, safety and welfare, or tend to create blight.
PARK
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 active and passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company, or organization of any kind.
PRIVATE PREMISES
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.
PUBLIC PLACES
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.
REFUSE
Includes garbage and rubbish.
RUBBISH
Nonputrescible solid wastes consisting of both combustible wastes and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockery.
TOWN
The Town of Deerpark.
B. 
Word usage. When not inconsistent with the context, words used in the present tense include the future, words used in 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, dump, deposit, or place litter, or cause same to be thrown, dumped, placed, or deposited 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 or causing litter to be thrown or deposited 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, throw, dump, deposit, place, or cause to be swept, thrown, dumped, placed or deposited 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 place 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 or cause litter to be thrown or deposited 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 or cause litter to be thrown or deposited 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 Deerpark.
A. 
No person shall throw, dump, deposit or place litter, or cause same to be thrown, dumped, deposited or placed 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 litter shall have been present a sufficient period of time to constitute constructive notice.
[Amended 6-16-2008 by L.L. No. 9-2008; 8-16-2010 by L.L. No. 4-2010]
A. 
Penal.
(1) 
Any person committing or causing to be committed an offense under any provision of this chapter shall be guilty of an unclassified misdemeanor punishable by imprisonment for a term not to exceed 45 days and/or an appropriate term of community service to be determined by the presiding judge. The continuation of an offense under the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
(2) 
Any person who shall commit or who shall cause to be committed an offense under any provision of this chapter, after having been convicted of a violation of the provision of this chapter within the preceding 10 years, shall be guilty of an unclassified misdemeanor punishable by imprisonment for a term not to exceed one year and/or an appropriate term of community service to be determined by the presiding judge. The continuation of an offense under the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
(3) 
Establishment of the fact or facts that the individual(s) charged with violation of the sections of this chapter can be identified by evidence discovered in the garbage, litter or rubbish found shall be presumptive evidence against the alleged violator.
B. 
Civil.
(1) 
Any person committing or causing to be committed an offense under any provision of this chapter shall be guilty of an (unclassified) misdemeanor punishable by a fine not less than $300 and not to exceed $1,000 for the first offense. The continuation of an offense under the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
(2) 
Any person who shall commit or who shall cause to be committed an offense under any provision of this chapter, after having been convicted of a violation of the provision of this chapter within the preceding 10 years, shall be guilty of an (unclassified) misdemeanor punishable by a fine not less than $2,500 and not more than $5,000. The continuation of an offense under the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
(3) 
Establishment of the fact or facts that the individual(s) charged with violation of the sections of this chapter can be identified by evidence discovered in the garbage, litter or rubbish found shall be presumptive evidence against the alleged violator.
C. 
Nonexclusiveness of penalties. Nothing in this section shall prevent both a penalty of imprisonment and a fine for a violation of this section.