[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 12-3-1984 as L.L. No. 35-1984. Amendments noted
where applicable.]
This chapter shall be known as the "Littering
Law."
A.Â
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.Â
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLES
COMMERCIAL HANDBILL
(1)Â
(2)Â
(3)Â
(4)Â
GARBAGE
HANDBILL
LITTER
NEWSPAPER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
VILLAGE
For the purpose 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
designed 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 which will contain
litter 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 any private property.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper, booklet or other printed or otherwise reproduced
original or copies of any manner 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 incidental 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 law of this Village;
or
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.
Animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, newspaper, magazine, paper, booklet or any other
printed or otherwise reproduced original or copies of any manner of
literature not included in the aforesaid definitions of a "commercial
handbill" or "newspaper."
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 United States Postal Service
in accordance with federal statute or regulation and any newspaper
filed and recorded with any recording officer provided by general
law; and, in addition thereto, includes any periodical or current
magazine regularly published with not less than four issues per year
and sold to the public.
[Amended 12-15-1992 by L.L. No. 2-1992]
A park, reservation, playground, beach, recreation center
or any other public area in the Village, owned or used by the Village
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, automobiles not having current valid New York State motor
vehicle inspection certificates, except currently registered out-of-state
vehicles, 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.
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 Rye Brook.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the Village
except in public receptacles or in authorized private receptacles
for collection.
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.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Village of 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 Village shall keep
the sidewalks 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 Village or upon private property.
[Amended 12-15-1992 by L.L. No. 2-1992]
Every vehicle shall be so constructed or loaded
to prevent any portion of the contents from escaping therefrom. No
vehicle used to transport dirt or soil shall be operated or driven
so as to permit dirt or mud to adhere to the wheels and to be deposited
in the public streets in the Village of Rye Brook.
No person shall throw or deposit litter in any
park within the Village except in public receptacles and in such 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, pool, pond, lake, stream, creek, bay or any other body of
water within the Village.
No person shall throw or deposit any commercial
handbill in or upon any sidewalk, street or other public place within
the Village, 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 Village 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 vehicle.
Persons owning property or occupying property
shall keep the sidewalk in front of their premises free of litter.
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 near the entrance thereof
a sign bearing the words "No Trespassing," "No Peddlers or Agents,"
"No Advertisements" 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.Â
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises, except by handing
or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises. However,
in case of 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 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, except that mailboxes may not be used
when so prohibited by federal postal law or regulations.
B.Â
Exemption for mail and newspapers. The provisions
of this section shall not apply to the distribution of mail 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 throw or deposit litter on any
private property within the Village, 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 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.
A.Â
Notice to remove. The Building Inspector of the Village
is hereby authorized and empowered to notify the owner of any property
within the Village, or the agent of such owner, to properly dispose
of litter located on such owner's property. Such notice shall contain
a description of the property affected, sufficiently definite in terms
to identify it, and a notice that unless the litter is properly disposed
of within five days after service of notice, the Village will proceed
with the removal and proper disposition of such litter and shall cause
the costs of such removal and disposition to be charged as a municipal
lien against the premises.
B.Â
Service of notice to remove. The notice referred to in Subsection A above may be served upon an owner, resident in the Village, in person or by leaving it at his usual place of residence with a member of his family above the age of 14 years. If an owner shall not reside in the Village, notice may be served upon him personally or mailed to his last known post office address by registered or certified mail, or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof. If the owner of the property is unknown or service cannot for any reason be made as above directed, notice thereof shall be published at least once, no less than 10 days before the proposed removal or proper disposition, in a newspaper circulating in the Village. There may be inserted in the advertisement notice to the owners of several different parcels of land. Notice to infant owners or owners of unsound mind shall be served upon their guardians. Where lands are held in trust, service shall be made upon their guardians. Where lands are held in trust, service shall be made upon the trustee. Where lands are held by joint tenants, tenants in common or tenants by the entirety, service upon one of the owners shall be sufficient and deemed and taken as notice to all.
C.Â
Filing of proof of service. Proof of service of such
notices shall be filed within 10 days thereafter, or within 10 days
of the publication of such notices, with the officer having charge
of the record of tax liens in the Village, but failure to file the
same shall not invalidate the proceedings if service has actually
been made as herein provided.
D.Â
Municipal liens. When the Village has effected the
removal or proper disposition of such dangerous litter or has paid
for its removal and proper disposition, an accurate account of the
cost and expense thereof shall be kept, and a true statement under
oath or affirmation shall be filed by the officer of the Village in
charge of such removal or proper disposition with the Village Clerk.
The Board of Trustees shall examine the same, and if it is properly
made shall confirm it and file such report with the Village Clerk,
who shall record it in a book to be kept for that purpose. When so
recorded, the costs and charges stated in said statement shall constitute
a municipal lien against the premises. Such statement 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 constitutes
a municipal lien against the property affected and that the same is
due and collectible as hereinafter provided.
E.Â
Collection of costs. The amount so charged shall forthwith
become a lien upon such lands and shall be added to and become and
form a part of the taxes next to be assessed and levied upon such
lands, the same to bear interest at the same rate as taxes, and shall
be collected and enforced by the same officers and in the same manner
as taxes.
[Amended 12-15-1992 by L.L. No. 2-1992]
Any person who shall violate any provision of this chapter shall be punished as provided in § 1-17 of Chapter 1, General Provisions, upon conviction of such violation. Each day such violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as hereunder.
Nothing in this chapter shall be construed to
abrogate or impair the powers of any department of the Village to
enforce any of its regulations nor prevent or punish for violations
thereof, and the provisions of this chapter shall be in addition and
supplemental to the provisions of any other law.