[HISTORY: Adopted by the Board of Trustees
of the Village of Tivoli 5-11-1998 by L.L. No. 1-1998. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes:
Garbage, refuse and rubbish.
All waste materials customarily handled and
collected by refuse collectors and junk dealers.
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.
Signs, handbills, discarded reading material,
newspapers, magazines and similar paper goods.
Cans, containers, boxes, cartons and wrappers,
with or without contents.
Litter shall not include:
Equipment in actual use by the owner of property
for farming, gardening or construction of improvements on the property
site.
Vehicles carrying current registration plates,
unless abandoned by the owner thereof for 48 hours or more.
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.
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.
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.
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.
A.Â
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.
B.Â
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.
