[HISTORY: Adopted Liberty Village Board 6-2-1969. Amendments
noted where applicable.]
This ordinance shall be known and may be cited as the "Village
of Liberty, New York, Anti-Litter Ordinance."
For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein.
A.
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 number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
B.
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
GARBAGE
HANDBILL
LITTER
NEWSPAPER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
VILLAGE
Definitions.
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air.
A litter storage and collection receptacle as required and
authorized in the Village of Liberty Garbage and Rubbish Ordinance.[1]
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any printed or written matter, and sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter or literature
which is distributed or handed out on the streets or in public places
within the Village of Liberty, but shall not include distribution
by mail or distribution of newspapers as herein defined.
Garbage, refuse and rubbish, as defined herein, 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 less than four issues per year and sold to the public.
A park, reservation, playground, beach, recreation center
or any other public area in the Village.
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 all public buildings, grounds, parks, squares and
spaces.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings and dead
animals.
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.
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.
The Village of Liberty, New York.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Village except in public
receptacles, in authorized private receptacles for collection, or
in official Village dumps or in accordance with Village of Liberty
official orders.
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.
No person shall sweep into or deposit in any gutter, street
or other public place within the Village 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, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or public place within the Village
or upon private property.
No person shall drive or move any truck or other vehicle within
the Village unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street.
No person shall throw or deposit litter in any park within the
Village 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 body of water 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 any handbill in or upon any
sidewalk, street or other public place within the Village.
No person shall throw, deposit or distribute any 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 near
the entrance thereof a sign bearing the words "No Tresspassing," "No
Peddlers or Agents," "No Advertisement," or any similar notice, indicating
in any manner 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 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 ordinance, 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 tree, or upon any public structure
or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any private property
within the Village, 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. The Sanitary Aide is hereby authorized
and empowered to notify the owner of any private property within the
Village 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.
A.
Action upon noncompliance. Upon the failure, neglect or refusal of
any owner so notified to properly dispose of litter dangerous to the
public health, safety or welfare within five days after receipt of
written notice by certified mail addressed to the owner at his last
known address, or within 10 days after the date of such notice in
the event the same is returned to the Village Post Office Department
because of its inability to make delivery thereof, provided the same
was properly addressed to the last known address of such owner, the
Sanitary Aide is hereby authorized and empowered to order its disposal
by the Village.
B.
Charge included in tax bill. When the Village 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 on the next
regular tax bill forwarded to such owner by the Village, and said
charge shall be due and payable by said owner at the time of payment
of such bill.
C.
Recorded statement constitutes lien. Where the full amount due the Village is not paid by such owner within 30 days after the disposal of such litter, as provided for in Subsection A above, then, and in that case, the Sanitary Aide shall cause to be recorded in the Village 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 on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on 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, if unpaid at the time of the preparation of the next Village of Liberty tax bill, shall be added as an additional charge to said tax bill and shall be collected in the manner fixed by law for the collection of taxes. Said sworn statements recorded in accordance with the provisions herein shall be prima facie evidence that all legal requirements 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 and costs constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law for the collection of unpaid taxes.
[Amended 7-2-1990 by L.L. No. 4-1990]
Any person violating any of the provisions of this ordinance
shall be deemed guilty of disorderly conduct and, upon conviction
thereof, shall be fined in an amount not exceeding $250. Each day
such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
