A.
No circulars, papers, advertisements, samples, notices, books, leaflets,
paper scraps or other printed materials shall be thrown, deposited
or left in or about the streets of the City or in the doorways, approaches,
highways or any other exterior part of private property in the City.
This section shall not apply to the regular delivery of newspapers
and periodicals to consumers thereof.
B.
No dirt, ashes, filth, dross, cinders, shells, offal, vegetables,
garbage, filthy waters, liquid, recyclables, waste or trash of any
kind shall be thrown, left, placed or swept into or on any street,
sidewalk, highway, park, public property, property owned by the City
of Newburgh or private property in the City, unless placed for collection
in compliance with the provisions of this chapter.
C.
No sand, gravel, cement, concrete, fill, bricks, stones, rocks, wood
or other building or construction materials shall be deposited or
thrown upon or permitted to fall upon any streets, sidewalks or lots
in or of the City from any vehicle or by any other means, or at any
time when said materials are being transported through the streets
of said City, nor shall any such materials other than clean fill consisting
of earth, sand or gravel be placed elsewhere than in a dump or other
proper receptacle or depository designated therefor for which a special
permit has been issued pursuant to the applicable provisions of this
Code or of state law.
D.
No person or persons shall use any vehicle for hauling paper, dirt,
debris, rock, refuse or other matter unless such vehicle is so constructed
or covered as to prevent the falling or scattering of any part of
such load while passing over the streets, highways and public places.
All such vehicles shall remain at all times in compliance with the
provisions hereof requiring vehicles and private providers of collection
services to be licensed and approved by the City.
E.
No person shall collect or place for collection any waste, trash,
garbage or recyclables from, on or at any property in violation of
any of the provisions of this Code of Ordinances or on a day not authorized
as a collection day therefor by City code or rule or by an authorized
City official. No City employee shall collect waste from any property
that is not listed on the records of the Superintendent of Public
Works as having collection by the City.
F.
No person shall place in a garbage can or other such receptacle located
on a public street or in a public building any waste or trash, whether
bagged, bundled or loose, which was produced or generated or which
originated at or from a business or commercial operation or from a
household or residence within or outside of the City. Such garbage
cans and public receptacles shall only be used by pedestrians and
others using the streets and sidewalks of the City for small items
of waste such as wrappers and other discarded materials which are
not special waste or recyclables or other materials required to be
handled under other provisions of this chapter or of some other law,
code, rule or regulation. Anyone misusing a public garbage can or
receptacle as prohibited herein shall be subject to a penalty as prescribed
in the City Code.
G.
Any person having ownership, custody or control of a dog or other
domesticated companion or working animal and walking such animal on
the streets and thoroughfares and other common public access area
shall be responsible for the picking up and collection and proper
disposal of any and all waste products of such animal.
A.
Notwithstanding any other provision of law, any person violating any provision of § 183-1 or other section of this chapter of the Code of Ordinances of the City of Newburgh, unless otherwise specified, shall be subject to the penalties provided for herein.
B.
Any person found to be in violation of § 183-1 or other section of Article I of this chapter shall be guilty, upon conviction, of an offense punishable by a fine of not less than $1,000 nor more than $7,500 or by imprisonment for a period not exceeding 15 days, or both such fine and imprisonment. The imposition of one penalty for any violation of Chapter 183 of the Code of Ordinances of the City of Newburgh unless otherwise specified shall not excuse the offense or permit it to continue, and all such persons shall be required to correct or remedy such violation or defects. Each day that prohibited conditions or actions exist or continue shall constitute a separate offense hereunder.
[Amended 9-14-2015 by Ord. No. 11-2015; 2-8-2021 by Ord. No. 1-2021]
C.
In the event that the City or any other person shall be required
to correct or remedy such violations or defects, the court may, in
its discretion, order the payment, as and for an additional fine of
the cost of such correction or remedy, such payment to be made to
the City or to the person making such correction or remedy. Payment
of such costs in damages shall be in addition to any other penalties
imposed pursuant to this section. The court may order such payment
of damages either upon submission of proof of actual costs expended
for correction or remedy of the violations or upon submission of an
estimate from an authorized City official or contractor for the cost
of such correction or remedy.
D.
The application of the above penalties shall not be held to prevent
the enforced removal of prohibited conditions, nor shall it be held
to prevent the City from removing trash and/or remedying a violation
of this chapter and holding the party or parties committing such violation
responsible for the City's costs and expenses incurred in providing
such remedy.
A.
GUTTER
SIDEWALK
Definitions. For the purpose of this section, the following terms
shall have the following meanings:
That portion of the street located within 18 inches of the
curb or roadway edge or, if no curb is installed, on the side normally
reserved for vehicular traffic or the parking of vehicles.
The area commonly used by the public for pedestrian travel.
The term shall include the paved or unpaved area used by the public
or set aside for the use of the public as a right-of-way and shall
include any planting strips or curbing.
B.
Duty to clean or maintain.
(1)
No person shall deposit or cause to be deposited upon any sidewalk
and gutter abutting said premises any litter, paper, dirt, debris,
filth, garbage, offal, building materials, wood, glass or other waste
or discarded matter.
(2)
Every owner and occupant of a single-family dwelling shall maintain
the sidewalk and gutter abutting said premises free of waste, litter,
garbage and debris in a clean and sanitary condition at all times.
No person shall sweep or otherwise dispose of waste materials by depositing
or otherwise causing same to be or remain in gutters, sewers or storm
drains.
(3)
Every owner of a building containing two or more dwelling units,
every owner of a vacant building and every owner of a vacant lot shall
maintain the sidewalk and gutter abutting said premises free of litter,
garbage and debris and in a clean and sanitary condition.
(4)
Every person owning, managing or occupying a place of business or
premises comprised of mixed commercial and residential uses shall
keep the sidewalk and gutter abutting said premises free of litter,
garbage and debris and in a clean and sanitary condition.
No person shall discard, place or allow to be placed by a person
or animal or dispose of decomposable organic matter which would tend
to create a nuisance or act as a breeding place or as food for insects,
rats, mice, vermin or other pests or vectors on the surface of any
ground within the City; nor discard anything capable of holding water
which might serve as a breeding place for mosquitoes or other flying
insects; nor permit any stagnant pools of water to exist; nor permit
the growth or accumulation of ragweed, poisonous plants or pollinating
weeds detrimental to public health; nor permit the growth of brush
or grass or the accumulation of combustible matter which might serve
to increase the fire hazard posed to neighboring property; nor permit
the accumulation of waste tires, vehicles, auto parts, machinery or
the components thereof on any property.
The City Manager is authorized to appoint one or more Sanitation/Code
Enforcement Officers in accordance with state and local laws. Such
officers shall be authorized to issue notices of violations as well
as to issue and serve summonses upon any persons alleged to have violated
any of the provisions of this chapter. This appointment power shall
remain subject to all other legal and contractual procedures, rights
and limitations. Notices, violations and summonses as provided for
herein may also be issued by any City police officer or Code Enforcement
Officer.
