[HISTORY: Adopted by the Board of Trustees of the Village of Maybrook
10-9-1990 by L.L. No. 5-1990. Section 121-13A amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
This chapter shall be known and may be cited as the "Village of Maybrook
Anti-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
GARBAGE
LITTER
NEWSPAPER
PARK
PERSON
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein.
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 United States Postal Service 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 less than four issues per year and sold to the public.
A public park, reservation, playground, recreation center or any
other public area in the Village devoted to active or passive recreation.
Any natural person or any firm. partnership, association, corporation,
company or organization of any kind.
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 waste.
Nonputrescible solid wastes consisting of combustible and/or 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.
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 Village
of Maybrook, no person shall throw or deposit litter in or upon any property,
either public or private, except in conformity with this chapter.
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. Persons owning
or occupying property shall keep the sidewalk, if any, in front of their premises
free of litter.
No person, while a driver or passenger in a vehicle, shall throw, drop
or deposit litter upon any street or other public place or private property
within the Village.
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 deposited upon any public place.
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 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 Village, 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,
Village or watershed authorities having jurisdiction over such treatment or
such permits.
A.Â
Litter on private property. No person shall throw or
deposit litter on any occupied private property within the Village, 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.
B.Â
Owner responsibilities. 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 Village, whether owned by such person or not.
A.Â
Upon the failure, neglect or refusal of any person owning
or in control of private property to remove litter from said property after
notice of violation of this chapter, the Village may effect the removal of
said litter at the sole cost and expense of said person. Statements from the
Village Clerk recorded in accordance with the provisions hereof shall be prima
facie evidence 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.
B.Â
When the Village has effected the removal of such litter
or has paid for its removal, the actual costs thereof, plus accrued interest
at the rate of 6% per annum from the date of the completion of the work, if
not paid by the owner of said property prior thereto, shall be charged to
the owner of such property on the next regular tax bill forwarded to the owner
by the Village, 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.
