[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.
AUTHORIZED PRIVATE RECEPTACLE
GARBAGE
LITTER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACES
REFUSE
RUBBISH
TOWN
As used within 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,
tend to create a danger to public health, safety and welfare, or tend
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 active and 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
wastes and noncombustible wastes, such as, but not limited to, paper
wrappings, cardboard, tin cans, wood, glass, bedding, and crockery.
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.
