[HISTORY: Adopted by the Board of Trustees of the Village of Horseheads:
Art. I, 8-3-1965 as Chapter 7 of the 1965 Code. Amendments noted where applicable.]
[Adopted 8-3-1965 as Chapter
7 of the 1965 Code]
Terms used in this Article have the following meanings:
Any privately owned receptacle used for the storage or transportation
of litter which can be sufficiently covered or enclosed to prevent unintentional
release of the contents.
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 for sale any merchandise, product, commodity or thing;
Which 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;
Which 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 private gain or profit; but the terms of this subsection shall
not apply when 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 either of the same is held,
given or takes place in connection with the dissemination of information which
is not restricted under 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 any law of this state or under
any ordinance of this village; or
Which, while containing reading matter other than advertising matter,
is predominantly 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 wastes resulting from the handling,
preparation, cooking and consumption of food.
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.
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 officer as provided by general law; and, in addition
thereto, shall include any periodical or current magazine regularly published
with not fewer than four (4) issues per year and sold to the public.
Any printed or written matter, any sample or device, dodger, circular,
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 a "commercial handbill" or "newspaper."
A park, reservation, playground, beach, recreation center or any
other public area in the village owned or used by the village and devoted
to active or passive recreation.
Any dwelling, 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 paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
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.
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within the village except in public receptacles, in
authorized private receptacles for collection or in official municipal dumps.
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.
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 owning or occupying a place of business 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 places of business within
the village shall keep the sidewalk in front of their business premises free
of litter.
No person, while a driver or passenger in a vehicle, shall throw or
deposit litter upon any street or other public place within the village or
upon private property.
No person shall drive or move any truck or other vehicle within the
village unless such vehicle is so constructed or loaded as to prevent any
load, contents or litter from being blown or deposited upon any street, alley
or other public place; nor shall any person 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 mud, dirt, sticky substances, litter
or foreign matter of any kind.
No person shall throw or deposit litter in any park 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 upon any street or other public place. Where public receptacles
are not provided, all such litter shall be carried away from the park by the
person responsible for its presence and properly disposed of elsewhere as
provided herein.
No person shall throw or deposit litter in any fountain, pond, lake,
stream, bay or any other body of water in a park or elsewhere within the village.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any sidewalk, street or other public place within the village;
nor shall any person hand out or distribute or sell any commercial handbill
in any public place; provided, however, that it shall not be unlawful on any
sidewalk, street or other public place within the village for any person to
hand out or distribute, without charge to the receiver thereof, any noncommercial
handbill to any person willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any vehicle; provided, however, that it shall not be unlawful in
any public place for a person to hand out or distribute, without charge to
the receiver thereof, any noncommercial handbill to any person willing to
accept it.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any private premises which are temporarily or continuously uninhabited
or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill upon any private premises if requested by anyone thereon 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 Trespassing," "No Peddlers
or Agents," "No Advertisement" or any similar notice indicating in any manner
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 commercial or noncommercial
handbill in or upon private premises which are inhabited, except by handing
or transmitting any such handbill directly to the owner, occupant or other
person then present in or upon such private premises; provided, however, that
in case of inhabited private premises which are not posted as provided in
this Article, such person, unless requested by anyone upon such premises not
to do so, may place or deposit any such handbill in or upon such inhabited
private premises if such handbill is so placed or deposited as to secure or
prevent such handbill from being blown or drifted about such premises or sidewalks,
streets or other public places, and except that mailboxes may not be so used
when so prohibited by federal postal law or regulations. This section does
not apply to the distribution of mail by the United States nor to newspapers,
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 person in an aircraft shall throw out, drop or deposit within the
village any litter, handbill or any other object.
No person shall post or affix any notice, poster or other paper or device,
calculated to attract the attention of the public, to any lamppost, public
utility pole or shade tree or upon any public structure or building, except
as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private property
within the village, whether owned by such person or not, 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 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 does not prohibit
the storage of litter in authorized private receptables for collection.
No person shall throw or deposit litter on any open or vacant private
property within the village, whether owned by such person or not.
[The Chemung County recycling provisions are in effect in the Village
of Horseheads.]
