Village of Islandia, NY Chapter 111 Littering

[HISTORY: Adopted by the Board of Trustees of the Village of Islandia during codification; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]

GENERAL REFERENCES

Graffiti — See Ch. 89.

Handbills and posters — See Ch. 94.

Peddling and soliciting — See Ch. 127.

Streets and sidewalks — See Ch. 144.

§ 111-1 Legislative intent.

It is hereby declared and found that litter carelessly deposited in the Village of Islandia is the cause of civic disgrace; that litter is a health, fire and safety hazard; that an all-out litter-control campaign can result in substantial savings to taxpayers of the Village of Islandia; and that litter is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safeguarding the public health, safety and general welfare of the people of the Village of Islandia.

§ 111-2 Definitions.

A. As used in this chapter, the following terms shall have the meanings indicated:

AUTHORIZED PRIVATE RECEPTACLE

A litter storage and collection container which is durable, rust-resistant and capable of being tightly sealed. Receptacles used for the storage of garbage shall, in addition thereto, be nonabsorbent, watertight, easily washable and equipped with handles and shall not exceed 30 gallons in capacity. Biodegradable bags shall be deemed authorized private receptacles for the storage and collection of grass cuttings and leaves.

COMMERCIAL PROPERTY

Any store, office building or group thereof; any professional, institutional, mercantile or industrial premises, and all yard and parking areas thereof; any vacant or unimproved commercial, business, or industrial property.

LITTER

All waste material, including rubbish, which tends to create a danger to public health, safety and welfare or creates unsightliness.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE PROPERTY

Any 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, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

PUBLIC PROPERTY

Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

RESIDENTIAL PROPERTY

Any house, building or other structure designed or used, either wholly or in part, for a single-family or multiple-family dwelling, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure, including any vacant or unimproved residential property.

B. 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.

§ 111-3 Littering prohibited.

No person shall dispose of litter in or upon public, private or commercial property within the village except in public receptacles, in authorized private receptacles for collection or in official disposal areas. 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 upon any street, sidewalk or other public, private or commercial property.

§ 111-4 Maintenance of residential and commercial property.

Any person owning, occupying or in control of residential or commercial property shall maintain such property, including the sidewalk and street in front thereof, free of litter.

§ 111-5 Failure to remove litter; notice; assessment of costs.

A. Authority to remove. In the event that the owner, occupant or person in control of such land shall fail to remove litter in the village, the village shall have the authority, as provided for herein, to enter onto such land and clean the same and charge the cost of expense of such action against the owner and establish a lien in the manner herein provided.

B. Village Board action. Any owner of real property in the village shall be required to remove the litter which exists upon his land when directed to do so by resolution of the Village Board.

C. Notice to be served. Whenever the Village Board shall adopt a resolution requiring the owners of land to remove litter which exists thereon, the Village Board shall specify the time within which such work shall be completed. Such notice shall set forth, with reasonable certainty, the location at which the condition exists and the manner in which the removal work shall be performed. The owners shall be given at least 10 days from the date of the mailing of the notice during which the work shall be performed, and, in any event, such notice shall grant a reasonable time giving due consideration to the amount of accumulation of rubbish or debris and the location thereof. Notice of the adoption of a resolution requiring the removal work shall be served upon the owners of the property at which the condition exists by certified mail, addressed to the last known address of said owner.

D. Failure to comply. Whenever a notice or notices referred to in Subsection C above have been served and the owner shall neglect or fail to comply with such notice within the time provided therein, the Village Board shall authorize the work to be done and shall provide for the cost thereof to be paid from general village funds as directed by resolution.

E. Manner of assessment of cost upon real property. In any case where it shall be necessary for the Village Board to have the work performed due to the failure of the owner to comply with the Village Board's resolution, the village shall be reimbursed for the cost of the work performed or the service rendered at its direction, by assessment or levy upon the lots or parcels of land where such work was performed or such services rendered. All costs actually incurred by the village upon each lot or parcel and the charge therefor shall be assessed and collected in the same manner and in the same time as other ad valorem village charges.

§ 111-6 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.