[HISTORY: Adopted by the Town Board of the
Town of New Castle 11-23-1976 by L.L. No. 10-1976. Amendments noted
where applicable.]
It is hereby declared and found that litter
carelessly deposited in the Town of New Castle is the cause of civic
disgrace; that litter is a health, fire and safety hazard; that an
all out litter-control campaign can result in substantial savings
to taxpayers of the Town of New Castle; and that litter is a matter
affecting the public interest and consequently should be subject to
supervision and administrative control for the purpose of safeguarding
the public health, safety and general welfare of the people of the
Town of New Castle.
A.
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
B.
COMMERCIAL PLACES
GARBAGE
LITTER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWN
VEHICLE
As used in this chapter, the following certain words
and phrases shall have the meanings indicated:
Any store or building, or group thereof, including shopping
centers, shopping plazas and other similar places and including professional,
institutional, mercantile or industrial premises wherein mercantile
activities and services are offered to the public, and shall include
all parking areas thereof.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
paper, material or matter of any kind which, if thrown or deposited
as herein prohibited, tends to create a danger to public health, safety
and welfare or creates unsightliness.
A park, reservation, playground, recreation center or any
other public area in the town, owned or used by the town and devoted
to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any house, building or other structure designed or used,
either wholly or in part, for private residential purposes, whether
inhabited or temporarily or continuously uninhabited or vacant, and
shall include any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as yard clippings, leaves, wood, glass,
bedding, crockery and similar materials.
The unincorporated areas in the Town of New Castle.
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.
A.
No person shall throw or deposit litter in or upon
any street, sidewalk or other public place or park or upon private,
vacant, residential, business or commercial property within the town
except in public receptacles or in authorized private receptacles
for collection.
B.
No person shall throw or deposit on the ground of
any street, sidewalk, park or other public property or on property,
buildings or motor vehicles thereon or, without the permission of
the owner, tenant or person in control of such property, on the ground
of private property or on property, buildings or motor vehicles thereon
any newspaper, circular or promotional political or advertising material
or other similar material, provided that this prohibition shall not
apply to the regular distribution of newspapers or other similar material
which have been ordered, purchased or requested.
[Amended 6-28-1988 by L.L. No. 9-1988]
C.
Sweeping litter into gutters prohibited. 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 sidewalk or driveway. Persons owning, leasing
or occupying property shall keep the sidewalk or gutter in front of
their premises free of litter and shall clean their property of any
refuse and litter found thereon.
D.
No person shall drive or cause any vehicle to be driven
within the town if the contents of such vehicle shall be blown or
deposited upon any street or other public place or upon private property.
E.
Placement of litter in receptacles so as to prevent
scattering. 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.
[Amended 2-27-1990 by L.L. No. 5-1990]
Owners of shopping carts or wagons shall provide
a place near or inside the building for the storage of such carts;
or wagons when they are not in use. Owners shall collect unused shopping
carts or wagons at least once every hour during business hours and
at the close of the business day and return them to the storage place.
Any unlicensed motor vehicle remaining on a
person's premises for more than two weeks continuously must be
garaged or screened from the view of adjacent properties and public
on the right-of-way.
A.
Notice to remove. The Building Department or its duly
appointed designee is hereby authorized and empowered to notify the
owner, or the agent of such owner, of any open or vacant private property
or commercial place with the town to properly dispose of litter located
on such owner's property which is a nuisance, or dangerous to
public health, safety or welfare or in violation of this chapter.
Such notice shall be sent by certified mail, addressed to said owner
at his last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare or in violation of this chapter, within seven days after receipt of written notice provided for in Subsection A above or within seven days after the date of such notice or, in the event that the same is returned to the Building Department because of its inability to make delivery thereof, provided that the same was addressed to the last known address of such owner or agent, the Building Department or its duly appointed designee is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the town.
C.
Charge included in tax bill. When the town has effected
the removal of such litter or has paid for its removal, the actual
cost thereof, plus accrued interest, at the rate of 6% per annum from
the date of completion of the work, if not paid by such owner prior
thereto, shall be charged to the owner of such property on the next
regular tax bill forwarded to such owner by the town, and said charge
shall be due and payable by said owner at the time of payment of such
bill.
D.
Filed statement constitutes lien. Where the full amount due the town is not paid by such owner within 20 days after the disposal of such litter, as provided for in Subsections A and B above, then and in that case the Building Department or its duly appointed designee shall cause to be filed in the office of the Town Clerk and Receiver of Taxes a sworn statement showing the cost and expense incurred for the work; the date the work was done; the location of the property, by school district, street address or description, on which said work was done; and the name of the reputed owner thereof. The filing of such a sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus the costs of the 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 further, shall be subject to a delinquent penalty of 6% in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements filed 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 remedy herein shall not be exclusive and any other action to collect said sum due may be maintained by the town.
[Amended 2-27-1990 by L.L. No. 5-1990]
A.
A violation of any provision of this chapter shall
be punishable by a fine. Each day such violation is committed or permitted
to continue shall constitute a separate offense.
B.
The fine for a first offense shall be not less than
$50 nor more than $500.
C.
For further offenses within a 24 month period:
A.
Severability. If any section, subsection, sentence,
clause, phrase or portion of this chapter is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions
thereof.
B.
Title. This chapter shall be known and may be cited
as the "Town of New Castle Litter Law."
C.
Ordinances repealed. All ordinances or local laws
and parts of ordinances or local laws in conflict with the provisions
of this chapter are hereby repealed.