Town of Somers, NY
Westchester County
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Table of Contents
Table of Contents
For the purpose of this chapter, the following words, phrases and terms 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; words used in the singular number include the plural; and words in the masculine include the feminine and the neuter. The word "shall" is always mandatory and not merely directory.
BUILDING, MAIN
A building in which is conducted the main or principal use of the lot on which said building is situated.
GARAGE SALE
The sale of tangible personal property from residential premises entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market" or any similar casual or occasional sale advertised to the public at large as such.
GARBAGE
Putrescible animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.
HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature.
LESSEE
Any person, corporation, firm, partnership, agency, association that rents, bails, leases or contracts for the use of one or more vehicles and has the exclusive use thereof for any period of time.
LESSOR
Any person, corporation, firm, partnership, agency, association or organization engaged in the business of renting or leasing vehicles to any lessee or bailee under a rental agreement, lease or otherwise, wherein the lessee or bailee has the exclusive use of the vehicle for any period of time.
LITTER
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 of public health, safety and welfare or tends to create blight.
NEWSPAPER
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, includes any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
OWNER
Any person, corporation, partnership, firm, agency, association, lessee, or organization which at the time of the notice of violation is issued pursuant to this chapter in which a vehicle is operated:
A. 
Is the beneficial or equitable owner of such vehicle; or
B. 
Has title to such vehicle; or
C. 
Is the registrant or co-registrant of such vehicle which is registered with the Department of Motor Vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or
D. 
Uses such vehicle in its vehicle renting and/or leasing business.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the Town owned or operated 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 inhabited or vacant, including any yard, around parking lot, walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such house, building or other structure.
PRIVATE RECEPTACLE
A storage and collection container for the storage of litter or rubbish or for the collection of reusable or recyclable household items, such as clothing or shoes, constructed of steel, aluminum or rigid plastic, with or without a heavy duty plastic liner or sack structured and placed so that the exit and entrance of rodents or other animals is prevented; they can be easily cleaned; they will not break or burst when lifted; they are easily unloaded; and they are sufficient integrity to confine such litter or recyclables between the regular collections thereof. On its own initiative, or at the request of any person, firm or corporation, the Town Board may approve as fit and suitable for such purposes any such container. The term "private receptacle" shall include within its meaning those containers commonly known as "dumpsters" or any other container when used to accumulate or store refuse or trash.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, beaches, squares, spaces, grounds and buildings.
RECORDED IMAGES
Images recorded on photographs, microphotographs, videotape, electronic or digital images, or any other medium, showing the front or rear of a vehicle, clearly identifying the registration plate number of the vehicle.
REFUSE
All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings and solid market and industrial wastes.
RESIDENTIAL PREMISES
A single- or multiple-family dwelling unit used for residential purposes which is not located in an area of the Town zoned for commercial, industrial, business, manufacturing or mercantile uses.
RUBBISH
Nonputrescible sold 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 Somers.
VEHICLE
Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.
A. 
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Town except in public receptacles or in authorized private receptacles designated for the deposit of such litter, or in an official Town dump.
B. 
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.
C. 
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.
D. 
Persons owning or occupying property shall keep the area or sidewalk in front of their premises free of litter.
No person shall throw or deposit litter from any vehicle upon any street or other public place within the Town or upon private property.
A. 
No person shall throw or deposit litter in any park or beach within the Town except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or private place. Where public receptacles are not provided, all such litter shall be carried away from the park or beach by the person responsible for its presence and properly disposed of elsewhere, as provided herein.
B. 
No person shall throw or deposit litter in any pond, river, stream or other body of water within the Town.
A. 
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, sidewalk or other public place or upon private property.
B. 
Any owner or person in control of premises upon which litter shall be found shall, upon being ordered to do so by the Building Inspector of the Town of Somers or an Assistant Building Inspector of the Town of Somers, remove the same from the premises within 72 hours of having been so ordered. Any such order which is sent to any person within the State of New York by mail shall be presumed to have been received within two business days from the date of mailing. Any such order which is sent to any person outside of New York State by mail shall be presumed to have been received within four business days from the date of mailing.
A. 
In public places. No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the Town. No person shall hand out or distribute any handbill in any public place except to persons willing to accept it.
B. 
On vehicles. No person shall throw or deposit any handbill in or upon any vehicle; except it shall not be unlawful in any public place for a person to hand out or distribute a handbill to any occupant of a vehicle who is willing to accept it.
C. 
On private property. No person shall throw or deposit any handbill in or upon any private premises which are:
(1) 
Temporarily or continuously uninhabited or vacant.
(2) 
Posted with a sign, placed in a conspicuous position near the entrance thereof, bearing the words "No Peddlers or Agents," "No Advertisements" or words of similar import indicating the desire of the occupants not to have such handbills left upon such premises, or where an occupant expressly directs the person not to throw, deposit or distribute the handbill on the premises.
(3) 
Inhabited, but not posted or subject to an express warning by an occupant except by handling or transmitting any such handbill directly to an occupant, unless he places or deposits any such handbill so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public ways.
D. 
The provisions of this section shall not apply to the distribution of mail by the United States Postal Service nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent them being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
A. 
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamp post, utility pole or tree or upon any public structure or building, except as may be authorized or required by law.
B. 
Exemptions. The prohibitions contained in this section shall not apply to:
(1) 
Notices, posters or other papers or devices calculated to attract the attention of the public to a garage sale. Such notices, posters or other papers or devices may not be posted more than six days prior to such garage sale and must be removed within three days thereafter.
(2) 
Notices, posters or other papers or devices calculated to attract the attention of the public to a not-for-profit function or event of any charitable, educational, cultural, fraternal, religious corporation, association or institution, civic group, service club, voluntary association or not-for-profit corporation (but not political posters). Such notices, posters or other papers or devices may not be posted more than six days prior to such function or event and must be removed within three days thereafter.
A. 
Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not exceeding $1,000 a day or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
It shall be the duty of the duly appointed Building Inspector and his agents, as well as the Town Police Department, to enforce the provisions of this chapter.