[HISTORY: Adopted by the Town Board of the
Town of Thompson 7-21-1981 by L.L.
No. 7-1981 (Ch. 160 of the 2003 Code). Amendments
noted where applicable.]
The following terms as used in this chapter
shall have the meanings indicated:
A litter storage or collection receptacle approved by the
Town.
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 any merchandise, product, commodity
or thing for sale;
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;
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 gain or profit.
The terms of this subsection 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 it is held, is given or takes place in connection
with the dissemination of information which does not violate the ordinary
rules of decency, good morals, public peace, safety and good order,
provided that nothing contained in this subsection 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 a law of this state or local
law of the Town; 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.
Putrescible animal and vegetable waste resulting from either
the handling, preparation, cooking or consumption of food.
Includes both commercial handbills and noncommercial handbills,
as such terms are defined in this section.
Garbage, refuse and rubbish, as such are 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 render the streets, private grounds or public places unsightly.
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 office as
provided by general law. In addition, "newspaper" means and includes
any periodical or magazine regularly published with not fewer than
four issues per year and sold to the public.
Any printed or written matter, any sample or device, circular,
dodger, 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
"commercial handbill" and "newspaper."
[1]Any dwelling, house, building or other structure designated
or used either wholly or in part for private residential purposes,
whether inhabited or continuously uninhabited or vacant, and includes
any yard, grounds, walk, driveway, porch, steps or vestibule belonging
or appurtenant to such dwelling, house, building or other structure.
Any or all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
All putrescible solid wastes (except body wastes), including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal,
junk, machinery and solid market and industrial wastes.
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
All retail stores which permit off-premises consumption of
food or beverage.[2]
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 Town, except
in public receptacles or in authorized private receptacles for collection;
provided, however, that said public receptacles shall not be used
by persons owning or occupying property in the vicinity of said public
receptacles for the deposit of domestic, commercial and industrial
litter arising from the conduct of said activities.
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 Town 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.[1]
No person shall drive or move any truck or other
commercial vehicle unless the vehicle is so constructed or loaded
as to prevent any litter from being blown or deposited upon any street,
alley or other public place or private premises. No person shall drive
or move any vehicle or truck if the wheels or tires carry onto or
deposit in any street, alley or other public place any mud, dirt,
sticky substances or foreign matter of any kind from any other place
than the traveled portion of a portion of a public street or alley.
No person shall throw or deposit litter in any
park except in public receptacles and in such manner as to prevent
such litter 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 litter shall be carried from the
park by the person responsible for its presence and shall be properly
disposed of elsewhere.[1]
[1]
Editor's Note: See also § 173-2B(15) of Ch. 173, Parks.
No person shall throw or deposit litter in any
fountain, lake, pond, stream, bay or any other body of water.[1]
A.
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any sidewalk, street or other public
place.
B.
No person shall hand out or distribute or sell commercial
handbills in any public place; provided, however, that it shall not
be deemed unlawful for any person to hand out or distribute without
charge to the receiver thereof, in any sidewalk, street or other public
place, any noncommercial handbill to any person who is willing to
accept it.
No person shall throw or deposit any handbill
in or upon any vehicle; provided, however, that it shall not be unlawful
for a person to hand out or distribute without charge to the receiver
thereof, in any public place, a noncommercial handbill to any occupant
of a vehicle who is willing to accept it.
No person shall throw or deposit any handbill
in or upon any private premises which are temporarily or continuously
uninhabited or vacant.
No person shall throw, deposit or distribute
any handbill in or upon any private premises if requested by anyone
in or upon such premises 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 Handbills," "No Trespassing," "No Peddlers
or Agents," "No Advertisement" or any similar notice indicating 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 handbill in or upon private premises which are inhabited, except by handing or transmitting such handbill directly to the owner, occupant or other person then present, except as hereinafter provided. A person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon inhabited private premises if the premises are not posted as provided under § 151-11 above and the handbill is placed or deposited so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places or private premises. Mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers as defined in this chapter; provided, however, that newspapers shall be placed on private premises in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or any other public place or upon private property.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, to any public lamppost, public utility pole, shade tree or
upon any public structure or building or upon any official traffic
control devices except as may be authorized or required by law.
No person shall throw or deposit litter on any
occupied private property, whether owned by him or not, except that
the owner or person in control of private property shall maintain
private receptacles for collection in such a manner that litter will
not be carried or deposited by the elements upon any 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.
This section shall not be construed to prohibit the storage of litter
in private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property, whether owned by such person or not.
[Amended 10-21-2003 by L.L. No. 7-2003]
A.
Notice to remove. The officers and employees of the
Building Department are authorized and empowered to notify the owner
of any private premises or vacant land, or the tenant or agent of
such owner, to dispose properly of litter located on such owner's
property which is dangerous to the public health, safety or welfare.
Notice shall be by registered or certified mail, return receipt requested,
addressed to said property owner or his agent or tenant at his last
known address, or served personally upon said owner, tenant or agent.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days from receipt of written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event it is returned to the Town by the Post Office Department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the officers and employees of the Building Department are authorized and empowered to pay for disposing of such litter or to order its disposal by the Town.
C.
When the Town has effected the removal of dangerous
litter or has paid for its removal, the actual cost thereof shall,
unless paid by the owner prior thereto, be charged to the owner of
the property on the next regular tax bill forwarded to the owner by
the Town. The charge shall be due and payable by the owner at the
time set for payment of the tax bill.
D.
Where the full amount due the Town is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections B and C of this section, then and in that case the officers and employees of the Building Department shall certify the cost thereof to the Town Tax Collector, who shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien 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 shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event that they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the officers and employees of the Building Department 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.
The owner, agent, lessee, tenant, occupant or
other person who manages or controls a building or lot shall be jointly
or severally responsible for keeping the sidewalk, flagging, curbstone
and the air shafts, areaways, backyards, courts, parking lots and
alleys free from litter.
It is hereby declared to be a duty of the owner
or operator of a takeout restaurant, delicatessen or luncheonette
to provide not fewer than one authorized private receptacle for the
receipt of trash, litter, paper, napkins, cups and remnants of food
and nonfood items at each exit, available to the patrons as they leave
the premises. If the owner or operator of the same shall fail to provide
such receptacles, he shall be fined, upon conviction, as provided
in this chapter.
[Amended 10-21-2003 by L.L. No. 7-2003]
The officers and employees of the Building Department
and any police agency and health officer are hereby empowered and
authorized to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter.[1]
