[HISTORY: Adopted by the Town Board of the
Town of Lake George 11-9-1970 by L.L. No. 1-1970. Amendments noted
where applicable.]
This chapter shall be known and may be cited
as the "Lake George Anti-Litter Local Law."
A.
When not inconsistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory; the word "may" is permissive.
[Amended 7-11-1994 by L.L. No. 1-1994]
B.
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWN
VEHICLE
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, product,
commodity or thing.
Which directs attention to any business or mercantile
or commercial establishment or other activity, for the purpose of
either directly or indirectly promoting the interest thereof by sales.
Which directs attention to or advertises any
meeting, theatrical performance, exhibition or event of any kind,
for which an admission fee is charged for the purpose of private gain
or profit; but the terms of this subsection shall not apply where
an admission fee is charged or a collection is taken up for the purpose
of defraying the expenses incident to such meeting, theatrical performance,
exhibition or event of any kind, when either of the same is held,
given or takes place in connection with the dissemination of information
which is not restricted under the ordinary rules of decency, good
morals, public peace, safety and good order; provided that nothing
contained in this subsection shall be deemed to authorize the holding,
giving or taking place of any meeting, theatrical performance, exhibition,
or event of any kind without a license, where such license is or may
be required by any law of this state or under any local law of this
Town.
Which, while containing reading matter other
than advertising matter, is predominantly and essentially an advertisement,
and is distributed or circulated for advertising purposes or for the
private benefit and gain of any person so engaged as advertiser or
distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not fewer than four issues per year and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a commercial handbill or newspaper.
A park, reservation, playground, beach, recreation center
or any other public area in the Town, owned or used by the Town and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure, designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
The Town of Lake George.
Every device 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.
[Amended 7-11-1994 by L.L. No. 1-1994]
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.
[Amended 12-11-2017 by L.L. No. 3-2017]
A.
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, sidewalk or
other public place or upon private property.
B.
Persons utilizing authorized private receptacles shall place their
receptacles out for collection in front of their house or at the end
of their driveway, and on their property only and not in front of
or upon private property owned by another. All receptacles out for
collection shall be covered to prevent potential intrusion of pests
and/or wildlife.
C.
Persons utilizing authorized private receptacles shall not leave
full receptacles out by the road for collection for more than one
week in any instance. In no case shall authorized private receptacles,
full or empty, be left roadside for the winter season.
D.
When not out for collection, persons utilizing authorized private
receptacles shall store said receptacles nearby or adjacent to a structure
on the property and not at the end of a driveway, along a private
road, or near property lines. All receptacles stored during noncollection
times shall be covered.
No person shall sweep into or deposit in any
gutter, street 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. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street 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. Persons
owning or occupying places of business within the Town shall keep
the sidewalk in front of their business premises free of litter.
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 or upon private property.
No person shall drive or move any truck or other
vehicle within the Town unless such vehicle is so constructed or loaded
as to prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place; nor shall any person
drive or move any vehicle or truck within the Town, the wheels or
tires of which carry onto or deposit in any street, alley or other
public place mud, dirt, sticky substances, litter or foreign matter
of any kind.
No person shall throw or deposit litter in any
park 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 upon any street or other
public place. Where public receptacles are not provided, all such
litter shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any
fountain, pond, lake, stream, bay or any other body of water in a
park of elsewhere within the Town.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the Town; nor shall any person hand out or distribute
or sell any commercial handbill in any public place; provided, however,
that it shall not be unlawful on any sidewalk, street or other public
place within the Town for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises,
if requested by anyone thereon not to do so, or if there is placed
on said premises in a conspicuous position over the entrance thereof,
a sign bearing the words: "No Trespassing," "No Peddlers or Agents,"
"No Advertisement" or any similar notice, indicating in any matter
that the occupants of said premises do not desire to be molested or
have their right of privacy disturbed or to have any such handbills
left upon such premises.
A.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handing or transmitting any such handbill directly to the
owner, occupant or other person then present in or upon such private
premises; provided, however, that in case of inhabited private premises
which are not posted, as provided in this chapter, such person, unless
requested by anyone upon such premises not to do so, may place or
deposit any such handbill in or upon such inhabited private premises,
if such handbill is so placed or deposited as to secure or prevent
such handbill from being blown or drifted about such premises or sidewalks,
streets or other public places, and except that mailboxes may not
be so used when so prohibited by federal postal law or regulations.
B.
Exemption for mail and newspapers. The provisions
of this section shall not apply to the distribution of mail by the
United States, nor to newspapers (as defined herein) except that newspapers
shall be placed on private property in such a manner as to prevent
their being carried or deposited by the elements upon any street,
sidewalk or other public place or upon private property.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, to any lamppost, public utility pole or shade tree or upon
any public structure or building, except as may be authorized or required
by law or by permit from the Town Clerk.
No person shall throw or deposit litter on any
occupied private property within the Town, whether owned by such person
or not, except that the owner or person in control of private property
may maintain authorized private receptacles 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 any private property.
The owner or person in control of any private
property shall at all times maintain the premises free of litter;
provided, however, that this section shall not prohibit the storage
of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the Town, whether owned by
such person or not.
A.
Notice to remove. The Enforcement Officer of the Town
of Lake George is hereby authorized and empowered to notify the owner
of any open or vacant property within the Town or the agent of such
owner to properly dispose of litter located on such owner's property
which is dangerous to public health, safety or welfare. Such notice
shall be by registered mail, addressed to said owner at his last known
address.
[Amended 6-8-1998 by L.L. No. 2-1998]
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within the Town 10 days after receipt of written notice provided for in Subsection A above or within the Town 10 days after the date of such notice in the event that the same is returned to the Town Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Enforcement Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Town.
[Amended 6-8-1998 by L.L. No. 2-1998]
C.
Charge included in tax bill. When the Town has effected
the removal of such dangerous litter or has paid for its removal,
the actual cost thereof, plus accrued interest at the rate of 6% per
annum from the date of the completion of the work, if not paid by
such owner prior thereto, shall be charged to the owner of such property,
and said charge shall be due and payable by said owner at the time
of payment of such bill.
D.
Recorded statement constitutes lien. Where the full amount due the Town is not paid by such owner within 30 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the Enforcement Officer shall cause to be recorded in the Town Clerk's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further shall be subject to a delinquent penalty of 6% in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Amended 6-8-1998 by L.L. No. 2-1998]
[Amended 7-11-1994 by L.L. No. 1-1994]
Any violation of this chapter shall be punishable,
for each violation, by a fine of not more than $250 or imprisonment
for not more than 15 days, or both. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
