[HISTORY: Adopted by the Board of Trustees of the Village of Warwick during codification; see Ch. 1, General Provisions, Article II. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 75.
Parks — See Ch. 9[??179].
Property maintenance — See Ch. 102.
Park rules and regulations — See Ch. A150.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle of steel, aluminum or plastic, of 10 to 30 gallons' capacity, with tight cover, or a larger steel container with closed lid.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, paper or booklet or any other printed or otherwise reproduced original or copies of any matter of literature.
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 to public health, safety and welfare or tends to create blight.
NEWSPAPER
A printed publication issued at regular intervals, including any periodical or current magazine regularly published with not less than four issues per year and sold to the public, commonly containing news, comment, features and advertisements, including any "newspaper" duly entered with the Post Office Department of the United States in accordance with federal statute or regulation.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the village, owned or operated by the village, 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 village, 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, sidewalks, boulevards, alleys or other public ways, and any and all public parks, beaches, squares, spaces, grounds and buildings.
REFUSE
Includes garbage and rubbish.
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, crockery.
VEHICLES
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or public street.
VILLAGE
Village of Warwick.
B. 
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.
A. 
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village, except in public receptacles or in authorized private receptacles for collection, or as provided in Chapter 75, Garbage, Rubbish and Refuse.
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 Village 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 sidewalk in front of their premises free of litter.
A. 
No person shall throw or deposit litter from any vehicle upon any street or other public place within the Village or upon private property.
B. 
No person shall drive or move any vehicle or truck within the Village, the wheels or tires of which carry onto or deposit in any street, alley or other public place sticky substances or foreign matter of such kind as adheres to the road surface.
A. 
No person shall throw or deposit litter in arty park or beach within the Village, 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 beach or upon any street or other public 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 Village.
C. 
"Bodies of water" shall be defined as:
[Added 6-7-2004 by L.L. No. 3-2004]
(1) 
Streams: natural watercourses that typically carry water year round (perennial), seasonally, or intermittently, and any human-made waterway that has been channelized;
(2) 
Ponds: any natural or human-made basin that holds water throughout the year or for any portion of the year;
(3) 
Waterways: human-made feature (ditches and drainage courses) designed to facilitate the flow of stormwater to receiving waters.
(4) 
"Body of water" shall include any streams or ponds as defined by the Environmental Conservation Law and New York Code of Rules and Regulations.
D. 
No person shall throw, deposit, or maintain material, including yard waste, grass clippings, or any other vegetation in a manner which will permit it to enter any pond, stream, or other body of water within the Village which such body of water is on public or private lands.
[Added 6-7-2004 by L.L. No. 3-2004]
E. 
No person shall introduce any solid material into a pond, stream, or other body of water so as to cause such material to be carried within such water body to a downstream location.
[Added 6-7-2004 by L.L. No. 3-2004]
F. 
It shall be a violation of this chapter to interfere with any culvert, pipe, drain or other structure designed to facilitate the flow of water.
[Added 6-7-2004 by L.L. No. 3-2004]
A. 
No person shall throw or deposit litter on any private property within the Village, 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. 
The owner or person 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 person shall have actual notice thereof or when said litter shall have been present a sufficient length of time to constitute constructive notice.
The distribution of handbills shall be subject to the following restrictions:
A. 
Public places. No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the Village. No person shall hand out or distribute any handbill in any public place, except to persons willing to accept it.
B. 
Vehicles. No person shall throw or deposit any handbill in or upon any vehicle, except that 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. 
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 handing 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 their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No provision of this chapter shall be held to apply to any governmental activity of the Village of Warwick.
A. 
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term 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. 
Any person found in violation of this chapter, in addition to any other penalty imposed by law, may be subject, at the discretion of the court, to restitution for damages sustained as a result of violation of § 83-4, including but not limited to the cost of repair, remediation, and restoration.
[Added 6-7-2004 by L.L. No. 3-2004]