[HISTORY: Adopted by the Common Council of the City of Middletown 6-22-1959 (Ch. 52 of the 1971 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Middletown Anti-Litter Ordinance."
For the purposes of this chapter, the following terms, phrases, words, and their derivations, shall have the meaning given herein. 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.
- Is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
- AUTHORIZED PRIVATE RECEPTACLE
- Is a litter storage and collection receptacle as required and authorized in the ordinance prescribing the rules for the collection of garbage, etc.
- Is the City of Middletown.
- COMMERCIAL HANDBILL
- Is 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 of literature:
- A. Which advertises for sale any merchandise, product, commodity or thing; or
- B. 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; or
- C. 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 profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of 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; provided that nothing contained in this clause 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 ordinance of this City; or
- D. 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.
- Is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Is garbage, refuse and rubbish as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- Is 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 less than four issues per year, and sold to the public.
- NONCOMMERCIAL HANDBILL
- Is 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.
- Is a park, reservation, playground, beach, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation.
- Is any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Is any dwelling, 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, 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
- Is any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.
- Is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, automobile parts and solid market and industrial wastes.
- Is nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery, discarded
household furniture, appliances or other items, and similar materials.[Amended 4-22-1997]
- Is 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.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in public receptacles or in authorized private receptacles for collection, or in official City dumps.
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.
No person shall sweep into or deposit in any gutter, street or other public place within the City 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 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 City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City 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 City.
No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load or contents of 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 City, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances or foreign matter of any kind.
No person shall throw or deposit litter in any park within the City 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.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the City.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City, 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 City 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. 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 required 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 Advertisement," "No Peddlers or Agents," or any similar notice, indicating in any matter 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.
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, shall have the authority to 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 so prohibited by federal postal law or regulations.
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.
No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, street sign, public utility pole or shade tree, or upon any public structure, building, public right-of-way or City property except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or 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.
All gas stations, service stations, auto repair shops and stores engaged in the sale of auto parts and/or the repair of motor vehicles shall construct a durable container, shed or solidly fenced-in area for the storage of all miscellaneous motor vehicle parts, such as tires, mufflers, batteries, etc., such list not meant to be all inclusive. No storage outside these areas shall be permitted. The container and its location must be approved by the Commissioner of Public Works or his representative and be at least six feet in height and its contents not visible from the street.
No person shall throw or deposit litter on any open or vacant private property within the City, whether owned by such person or not.
Notice to remove. The Commissioner of Public Works or his authorized representative is hereby authorized and empowered to notify the owner of any open or vacant property within the City, or the agent of such owner, to properly dispose of litter located on such owner's property. Such notice shall be served in person or by certified or first-class mail, addressed to the owner at his last known address.
Action upon noncompliance. The Commissioner of Public Works, five days after personal service or mailing of such notice, may cause the disposal of such litter and shall submit a sworn statement of the cost and expense of doing said work to the Treasurer. The minimum charge shall be $100.
[Amended 4-25-1977; 12-22-1980; 4-22-1997; 1-7-2008]
Charge included in tax bill. When the full amount due the City is not paid by such owner within 30 days after the disposal of the litter, the sworn statement of the cost and expense shall constitute a lien on the property for the amount due and shall be collected at the next regular tax collection in the manner fixed by law for the collection of taxes and shall bear the same interest and penalty as taxes.
Recorded statement constitutes lien. Where the full amount due the City is not paid by such owner within 30 days after the disposal of such litter, as provided for in § 319-21A and B, then and in that case the Commissioner of Public Works or his authorized representative shall cause to be recorded in the office of the 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. The recordation of such sworn statement shall constitute a lien and privilege on the property 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 5% in the event that same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. A sworn statement 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.
[Amended 7-14-1980; 12-14-1992; 11-22-2010]
Any person who violates any of the provisions of this chapter shall be guilty of an offense within the meaning of the Penal Law of the State of New York and, upon conviction thereof, shall be subject to a fine of not less than $250 nor more than $750 or by imprisonment for a period not exceeding 15 days, or both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.