[HISTORY: Adopted by the Town Board of the Town of Lloyd 12-28-1988
by L.L. No. 12-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Junk and junk dealers — See Ch. 69.
Recycling and solid waste— See Ch. 82.
This chapter shall be known and may be cited as the "Town of Lloyd Anti-Littering
Law."
A.
Generally. 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.
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWN
VEHICLE
Specific terms. For the purpose of this chapter, the
following terms, phrases, words and their derivations shall have the meanings
given herein:
Any printed or written matter, any 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 advertises for sale any merchandise, product, commodity or things;
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 profits; but the terms of this subsection shall
not apply where an admission fee is charged or a collection is taken up wholly
for a charitable or educational purpose or by a church or institution of religion
for its lawful purposes or for the purpose of defraying the expenses incident
to such meeting, theatrical performance, exhibition or event of any kind,
whenever 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. 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 provision of this Municipal Code; 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.
Putrescible animal and vegetable waste resulting from the handling,
preparation, cooking and/or consumption of food.
"Garbage," "refuse" and "rubbish" as defined herein and/or 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 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 fewer than four issues per year and sold to the
public.
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, newspaper, magazine, paper, 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 public park, reservation, playground, recreation center or any
other public area in the Town devoted to active or passive recreation.
Any natural person or any firm, partnership, association, corporation,
company or organization of any kind.
Any privately owned parking lot and any dwelling, housing, building
or other structure, designed or used either wholly or in part for private
residential purpose, 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, buildings and
parking lots.
All putrescible and nonputrescible solid wastes (except body wastes),
including but not limited to garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and/or solid, market and/or industrial wastes.
Nonputrescible solid wastes consisting of combustible and/or of noncombustible
wastes and shall include but shall not be limited to paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery
and similar materials.
The Town of Lloyd.
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.
Except as may be otherwise permitted by any other local law of the Town
of Lloyd, no person shall throw or deposit litter in or upon any street, sidewalk
or other public place or upon private premises within the Town.
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 Town 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, if any, in front of their premises
free of litter.
No person owning or occupying a place of business shall sweep into or
deposit in any gutter, street or other public place within the Town the accumulation
of litter from any public or private sidewalks or driveways. Persons owning
or occupying places of business within the Town shall keep the sidewalk 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 Town or upon
private property.
No person shall drive or move any truck or other vehicle, excluding
private passenger vehicles, within the Town unless such vehicle is so constructed
or loaded as to prevent any load contents or litter from being blown or deposited
upon any street, alley or other public place, nor shall any person drive or
move any vehicle or truck within the Town, the wheels or tires of which carry
into or deposit in any street, alley or other public place mud, dirt, litter
or foreign matter of any kind.
No person shall throw or deposit litter in any park within the Town
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 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 pond, lake, river or
any other body of water in a park or elsewhere within the Town, except that
this provision shall not prohibit the authorized treatment and control of
pools or reservoirs to control or regulate water purity or aquatic vegetation
by persons or corporations having all required permits issued by state, county,
Town or watershed authorities having jurisdiction over such treatment or such
permits.
No person shall throw or deposit any commercial or noncommercial handbills
in or upon any sidewalk, street or other public place within the Town, 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 Town for any person to hand
out or distribute, without charge to the receiver thereof, any noncommercial
handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any vehicle; provided, however, that it shall not be unlawful in
any public place for a person to hand out or distribute, without charge to
the receiver thereof, a noncommercial handbill to any occupant of a vehicle
who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any private premises which are temporarily or continuously uninhabited
or vacant.
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.
Generally. No person shall throw, deposit or distribute
any commercial or noncommercial 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 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 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 prohibited by federal postal regulations
or laws.
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 in an aircraft shall throw out, drop or deposit within the
Town any litter, handbill or any other object.
No person shall throw or deposit litter on any occupied private property
within the Town, whether owned by such person or not, except that the 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.
No person shall throw or deposit litter on any open or vacant private
property within the Town, whether owned by such person or not.
A.
Notice to remove. The Building Inspector is hereby authorized
and empowered to notify the owner of any open or vacant private property within
the Town, 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.
Such notice shall be by mail, registered or certified, and addressed to said
owner at his last known address.
B.
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 within 10 days after receipt of written notices 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 Town because of the inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Building Inspector is hereby authorized and empowered to order its disposal by the Town.
C.
Charge included in tax bill. When the Town 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 the owner by the Town, and said charge shall be due and payable by said
owner at the time of such payment of such bill. Said charge, together with
the costs and expenses, shall be collected in the manner fixed by law for
the collection of taxes and shall be subject to a delinquent penalty of 6%
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, costs and expenses, constitutes
a charge against the property designated or described in the statement and
that the same is due and collectible by law.
A.
Each and every violation of this chapter shall constitute
and shall be a Class B misdemeanor as defined in the Penal Law and shall be
punishable as follows.
B.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with, or to
restrain by injunction the violation of, such local law.
