[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.
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.
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:
Which advertises for sale any merchandise, product,
commodity or thing; or
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
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
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.
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.
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.
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.
A.
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.
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.
No person in an aircraft shall throw out, drop
or deposit within the City any litter, handbill or any other object.
[Amended 9-15-2015]
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.
A.
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.
B.
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.
[Added 12-11-1978]
No person shall throw or deposit litter on any
open or vacant private property within the City, whether owned by
such person or not.
A.
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.
[Amended 4-22-1997]
B.
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]
C.
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.
D.
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 1-7-2008]
[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.
