The purpose of this article shall be to protect
and promote the health, safety and welfare of the people of the Town
of Wappinger by controlling littering and regulating the storage of
garbage and refuse within the Town of Wappinger.
For the purpose of this article, the following
words, phrases and terms and their derivations shall have the meanings
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, words used in the singular number include the
plural and words in the masculine include the feminine. The word "shall"
is always mandatory and not merely directory.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle of steel, aluminum
or plastic of up to 96 gallons' capacity with tight cover or larger
steel container with closed lid.
[Amended 5-9-2022 by L.L. No. 5-2022]
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish, as defined herein, and all other
waste materials which, if thrown or deposited as herein prohibited,
tend to create a danger to public health, safety and welfare or tend
to create blight.
PARK
A park, playground, recreation center or any other public
area in the town, owned by the Town and devoted to active or passive
recreation.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PREMISES
Any house, building or other structure not owned or operated
by the town, whether inhabited or temporarily or continuously uninhabited
or vacant, including any yard, ground, parking lot, walk, driveway,
porch steps, vestibule or mailbox belonging or appurtenant to such
house, building or other structure.
PUBLIC PLACE
Any and all streets, highway rights-of-way, sidewalks or
other public ways and any and all public or quasi-public parks, spaces,
grounds and buildings, including school grounds.
REFUSE
All putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, incinerator residue, street
cleanings, offal, dead animals, abandoned automobiles and any parts
thereof, agricultural wastes, commercial wastes, industrial wastes
and construction and demolition debris.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as but not limited to paper wrappings,
cardboard, tin cans, wood, glass, bedding and crockery.
TOWN
The Town of Wappinger.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway or public street.
[Amended 9-13-1999 by L.L. No. 6-1999]
A. Litter in public places, placement in receptacles.
(1) No person shall throw or deposit litter in or upon
any public place within the town, except in public receptacles or
in authorized private receptacles for collection. No person shall
throw or deposit litter in any private receptacle which he does not
own without the consent of the owner thereof.
(2) 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.
(3) No person shall sweep into or deposit in any gutter
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.
(4) No person shall sweep into, throw, deposit or cause
to be deposited in any gutter or other public place within the Town
any accumulation of dirt, mud, stone or combination thereof. The owner
of the property, the lessee of property and, as the case may be, the
operator of any business thereon, including the business of building
construction, shall take all steps necessary to prevent dirt, mud
and stone from being deposited in any gutter or other public place
by any person, vehicle or natural means such as but not limited to
erosion and runoff from said property. Nothing contained in this subsection
shall be construed as prohibiting the use in a reasonable manner of
sand or stone for the purpose of reducing the hazard of or providing
traction on snow, ice or sleet.
B. Litter from vehicles.
(1) No person shall throw or deposit litter from any vehicle
upon any public place within the Town or upon private property.
(2) No person shall drive or move any truck or other vehicle
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 public place or private property. All vehicles shall be properly
covered pursuant to the Vehicle and Traffic Law of the State of New
York and any other laws, rules or regulations.
C. Litter in parks, rivers and streams.
(1) 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 other public
or private 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.
(2) No person shall throw or deposit litter in any pond,
river, stream or any other body of water in a park or elsewhere within
the town.
D. Litter on private property.
(1) No person shall throw or deposit litter on any private
property within the town, whether owned by such person or not and
whether occupied or vacant, 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, highway right-of-way,
sidewalk or other public place or upon private property.
(2) The owner or persons in control of private property
or any portion thereof shall at all times maintain the premises, or
that portion controlled by him, free of litter, except when stored
properly in authorized private receptacles for collection, when such
persons shall have actual notice thereof or when said litter shall
have been present a sufficient length of time to constitute constructive
notice.
[Amended 9-13-1999 by L.L. No. 6-1999; 3-22-2004 by L.L. No.
5-2004]
Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter
122, Article
V, §
122-20BB(3) of the Code or imprisonment for not more than 15 days, or both. Each day of continued violation of this article, after written notice thereof, shall constitute a separate additional violation. In addition, the Town may also institute an action or proceeding, including an injunction, to compel compliance with or prevent violations of this article.