[HISTORY: Adopted by the Board of Trustees of the Village of Tivoli at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A. Includes:
- (1) Garbage, refuse and rubbish.
- (2) All waste materials customarily handled and collected by refuse collectors and junk dealers.
- (3) Items known as "junk," regardless of size, discarded or abandoned by reason of obsolescence, age or state of repair or intended to be discarded, abandoned or junked, including but not limited to discarded household furnishings and appliances, crates, boxes, cartons, building materials, vehicles, machines, farm equipment, parts of vehicles or machines or equipment.
- (4) Signs, handbills, discarded reading material, newspapers, magazines and similar paper goods.
- (5) Cans, containers, boxes, cartons and wrappers, with or without contents.
- B. Litter shall not include:
- (1) Equipment in actual use by the owner of property for farming, gardening or construction of improvements on the property site.
- (2) Vehicles carrying current registration plates, unless abandoned by the owner thereof for 48 hours or more.
- (3) Firewood and construction materials reserved and stored upon premises for future use upon said premises, except that the same must be stored and stacked in orderly fashion and be free from debris not intended or designed to be used in such future construction. Such materials shall not be stored in any front yard nor within 75 feet of rear or side yards if possible.
- (4) Contractors' supplies and materials stored on premises during periods of construction for which a building owner has been issued and prior to issuance of certificate of occupancy.
- (5) Recreation equipment and articles in actual use by the owner of the property and his family, or his tenants.
- Includes an individual, partnership, corporation or other legal entity or association, organization or company.
- THROWING OR DEPOSITING
- Includes throwing from a vehicle of any type or an aircraft or boat.
No person shall throw, deposit or abandon litter on any property within the village, whether public or private and whether or not owned by such person; nor shall any property owner use his land for dumping of litter or permit dumping or accumulation of litter on his property by others, except that the owner or person in control of private property shall maintain private receptacles for the collection of litter in such a manner that litter will not be carried or deposited by the elements upon the yard or upon the streets or other public place or places.
Litter not contained in receptacles as aforesaid shall not be stored or piled on land within the village, except to facilitate delivery to the vehicle of a refuse collector, salvage dealer, licensed junk dealer or a person, firm or charitable organization customarily engaged in the removal, purchase, collection or salvage of discarded articles and, in such case, shall not be so stored in anticipation of such collection for a period in excess of 24 hours.
No person shall throw or deposit litter upon any open or vacant property within the village regardless of the ownership thereof.
The frontage of business properties along street, public parking areas and access drives leading to parking areas shall be kept free of litter.
No person shall throw or deposit any litter or foreign matter of any kind whatsoever in any fountain, pool, pond, lake, reservoir or its tributaries and watershed or any body of water in a park or elsewhere within the village; except that this provision shall not prohibit the authorized treatment and control of pools and reservoirs to control and regulate water purity and aquatic vegetation by persons or corporations having all required permits issued by state, county, town and watershed authorities having jurisdiction over such treatment and such permits.
The prohibitions contained herein against the deposit of litter shall include activities known as "dumping;" the maintenance of dumps for any purpose, including landfill operations; and the use of any property in the village as a dumping ground for the benefit of the owner or any other person.
Signs and posters advertising an event, and election posters, shall be removed by the persons or organizations responsible for the erection or affixing of such signs or posters within 10 days after the happening of the advertised event or election, as the case may be.
Performance of any act prohibited herein shall be deemed a violation of this chapter, whether or not the act results in the creation of a hazard to public health or safety, it being the intent of this chapter to protect, preserve and enhance the community appearance, to protect public welfare, to preserve and maintain property values and to minimize nuisance, as well as to protect against health hazards.
So much of this chapter as relates to abandonment or keeping of derelict vehicles shall be in addition to and not in substitution of the remedies available to the village under any state or local law empowering the village to remove and dispose of such vehicles.
This chapter and the penalties provided herein shall be in addition to, and not in substitution of, the rights and remedies of the Village of Tivoli, and its inhabitants, at law and in equity, under the Penal Law, Public Health Law, Vehicle and Traffic Law, county sanitary code and Chapter 231, Zoning, for violations of said laws relating to conduct and activities similar to those prohibited herein.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense.