[HISTORY: Adopted by the Village Board of the Village of Port Chester: Art. I, 6-20-1966; Art. II, 3-2-1988 as L.L. No. 3-1988. Amendments noted where applicable.]
No person shall throw, cast or distribute or cause to be thrown, cast or distributed any commercial handbill, circular card or other commercial advertising matter whatsoever, in or upon any store or public place or in a front yard or courtyard, or any stoop or in the vestibule or any hall of any building or letter box thereon, or in or upon any motor vehicle, provided that nothing herein contained shall be deemed to prohibit or otherwise regulate the delivery of any such matter by the United States Postal Service, or prohibit the distribution of sample copies of newspapers regularly sold by the company or by annual subscription, or samples of goods or merchandise. This section is not intended to prevent a lawful distribution of anything other than commercial or business advertising matters.
If any section of this Article or part thereof shall be held to be unconstitutional or invalid by any court of competent jurisdiction, the remaining provisions of this Article shall not be affected thereby but shall remain in full force and effect.
Any person violating the provisions of this Article or any part thereof shall be liable for and forfeit a penalty not exceeding $100 for each offense. And in addition thereto said violation shall constitute disorderly conduct and the person violating the same shall be a disorderly person.
[Adopted 3-2-1988 as L.L. No. 3-1988]
For the purposes of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein:
- AUTHORIZED RECEPTACLE
- A litter, garbage or refuse storage and collection receptacle as required and authorized by law, as provided by the village for the use of the public.
- COMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper or booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:
- (1) Advertises for sale any merchandise, product, commodity or thing.
- (2) Directs attention to any business, mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales.
- (3) 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.
- (4) 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 endanger the public health and safety and the aesthetic value of the property in relation to the village or causes untidiness or disorder within the village.
- Any newspaper of general circulation, whether the same is paid or free or whether it is primarily designed to report the news or as a form of commercial advertising, which is either delivered locally or through the mail. It is intended that this definition of "newspaper" be given a broad interpretation to cover all local, regional, statewide or national newspapers.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper or 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 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.
- PRIVATE PREMISES
- Unimproved property, dwelling, house, building or other structure designed or used either wholly or in part for private 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.
- PUBLIC PLACE
- 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, 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.
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.
No person shall sweep into or deposit litter in or upon any street, sidewalk, alley, parking lot or other public place within the village. The public shall place any and all litter, except domestic, commercial and industrial litter, in public receptacles in such a manner that it may not be scattered by the elements.
No person shall sweep into or deposit in any gutter, street or public place within the village the accumulation of litter from any building or lot, from any public or private sidewalk or driveway or from the space between the sidewalk and the curbline.
No person, while in a vehicle, shall throw or deposit litter upon any street or other public place 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 discharged therefrom.
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 and scattered by the elements upon any part of the park or other 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 shall be properly disposed of in authorized private receptacles.
No person shall throw or deposit any commercial or noncommercial 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.
No person shall throw or deposit any litter or commercial or noncommercial handbill in or upon any private premises, whether occupied or vacant or temporarily or continuously uninhabited.
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 in the rear of the premises or, where this is impractical, such place as designated by the Building Inspector.
Notice to remove. The Board of Trustees or the Village Manager 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 endangers the public health or safety or the aesthetic value of the property in relation to the village or causes disorderliness or untidiness. Such notice shall be personally served or served by certified mail, addressed to said owner or agent at his last known address.
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 or the aesthetic value within 10 days after receipt of notice as provided for in Subsection A above or within 15 days after the date of such notice in the event that the same is returned to the 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 Board of Trustees or the Village Manager is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the village.
Charge included in tax bill. When the village has effected the removal of such 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 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.
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 Subsections A and B above, then and in that case the Board of Trustees or the Village Manager shall cause to be recorded in the office of the Village Treasurer 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. Thereafter, by resolution of the Board of Trustees, the recordation of such sworn statement may become a lien on said premises 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 10% 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.
Any person committing an offense against this Article shall, upon conviction, be subject to a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or to both such fine and imprisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
Nothing contained in this Article shall be deemed to prohibit actions taken pursuant to specific permission granted by the Village Manager or Village Engineer nor to limit the authority of said Village Manager or Village Engineer to issue specific regulations for specific purposes pursuant to the Village Code.