[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook 12-7-1981 by L.L. No. 15-1981. 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
Village.
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; or
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; or
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 Village; or
While containing reading matter other than advertising matter,
is predominately 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.
Both commercial handbills and noncommercial handbills, as
such terms are defined in this section.
Garbage, refuse and/or rubbish, as such are defined herein,
and all other materials which tend to create a danger to public health,
safety and welfare or render the sidewalks, streets, private grounds
or public places unsightly in the manner of a public nuisance.
[Amended 8-20-2007 by L.L. No. 10-2007]
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 less 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."
A park, playground, recreation center or any other public
area owned or used by the Village of Lynbrook or other public entity
or government which is devoted to recreational purpose.
Any person, firm, partnership, association, corporation or
organization of any kind.
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.
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 stationery rails or tracks.
The Incorporated Village of Lynbrook.
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; 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 village 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.
No person while a driver or passenger in a vehicle shall throw
or deposit litter upon any street of other public place within the
village.
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 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.
No person shall throw or deposit litter or any other matter
in any fountain, lake, pond, stream, bay or any other body of water.
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 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 Agent," "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 § 154-12 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 8-20-2007 by L.L. No. 10-2007]
A.
Notice to abate. The authorized Enforcement Officer or his duly designated
agent is authorized and empowered to serve a notice to abate upon
the owner of any private premises or vacant land, or agent of such
owner, to dispose properly of litter located on such owner's
property which is dangerous to public health, safety or welfare or
which constitutes a public nuisance. Said notice shall be either posted
conspicuously on the subject premises and mailed by first class mail
and by certified mail, return receipt requested, addressed to said
property owner or his agent at his last known address; or served personally
upon said owner or agent.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner so notified to dispose properly of the said litter within three days from the posting or receipt of the notice to abate specified in Subsection A herein, the Enforcement Officer or his duly designated agent is authorized and empowered to arrange for and to pay for disposing of such litter by the Village.
C.
When the Village has effected the removal of said litter, the actual
cost thereof shall, upon written notice to the owner, 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 Village.
The charge shall be due and payable by the owner as a tax.
D.
Appeals.
(1)
Said owner may file a written appeal from the assessment of costs of litter removal within 10 days of the date of notice described in Subsection C herein.
(2)
Upon receipt by the Village of the appeal, the Mayor shall appoint
one Trustee as Hearing Officer to take evidence and render a determination
affirming or reversing the action by the Enforcement Officer in incurring
costs to effect the removal.
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
less 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 same shall fail to provide such receptacles,
he shall be fined, upon conviction, as provided in this chapter.
The Village police officers and the officials authorized to issue appearance tickets, as provided in Chapter 4, § 4-1, of the Code of the Village of Lynbrook, 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.
[Added 8-20-2007 by L.L. No. 10-2007]
A.
Any person failing to comply with the provisions of this chapter
shall be guilty of a violation.
B.
A violation of any provision of this chapter shall be punishable
by a fine up to $350.
C.
A second or any subsequent violation of this chapter committed within
18 months of a prior violation hereof shall be punishable by a fine
up to $500 per violation.
D.
Any fine assessed herein by the Court may be conditionally discharged
in the discretion of the Court upon completion by defendant of up
to eight hours of service for a public or not-for-profit corporation,
association, institution or agency.
