[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn
Estates 4-4-1977 by L.L. No. 1-1977. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Roslyn Estates
Anti-Litter Law."
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein:
Any animal, mineral or vegetable refuse and waste matter, dead animals,
carrion, offal, swill and similar materials.
Includes "garbage," "refuse," "rubbish" and "outdoor rubbish," as
defined herein, and all other waste material which, if thrown or deposited
as prohibited in this chapter, tends to create a danger to public health,
safety and welfare.
Hedge, garden or lawn clippings, weeding, branches of trees, tree
stumps, shrubbery and rakings of materials and piles of dirt and stone, dead
or fallen leaves.
A park, reservation, playground, recreation center or any other public
area in the village, owned or used by the village and devoted to active or
passive recreation.
Any yard, grounds, walk, driveway, porch, steps or mailbox belonging
or appurtenant to any 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 and solid
market and industrial wastes.
Deemed to mean, but not limited to, sweepings from buildings, tins,
cans, boxes, barrels, bottles, paper, rags, excelsior, ashes, straw, Christmas
wreaths and Christmas trees, old clothes, shoes, bedding, furniture or parts
thereof, metal parts, rubber, rubber tires, wooden or metal scrap, auto and
truck exhaust pipes, bicycles, tricycles, bedsprings, gas ranges, stoves,
hot water boilers, refrigerators, sawdust, television aerials, metal drums,
explosive and inflammable materials, waste oils or liquids 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.
It shall be unlawful for any person whatsoever to throw, cast or deposit
or for any such person to cause or allow the throwing, casting or depositing
of any garbage, refuse, rubbish or outdoor rubbish upon any street, highway
or public place within the village.
No person shall deposit any rubbish or garbage in public litter receptacles
other than rubbish limited to candy waste and the like ordinarily placed in
receptacles provided for that purpose in public parks within the village.
No person shall throw or deposit litter in any park within the village.
Where public receptacles are not provided, all litter shall be carried away
from the park by the person responsible for its presence and properly disposed
of elsewhere.[1]
A.
No person shall transport in any truck or other vehicle,
or in any other manner, through the public streets of the village, streets
to which the public has access or over any land owned or controlled by the
village, any stones, gravel, sand, cinders, dirt, brick, coal, liquids, pipes,
wood, debris, ashes, waste material, rubbish, discarded boxes, barrels or
other containers of merchandise or discarded material of any kind or description,
consigned to a dump or to any other destination, unless the same is conveyed
or transported in a truck, vehicle or other manner entirely covered or enclosed
so that material cannot escape while being so transported. In the event that
the same shall be transported or conveyed other than in an entirely closed
truck, vehicle or otherwise, such material being so transported and conveyed
shall be covered by a canvas, or covering of a similar nature, securely fastened
so as to prevent the material escaping from the truck, vehicle or otherwise
onto the streets, sidewalks, ways, public land or private property. It shall
be unlawful for any person to so convey and transport stones, gravel, sand,
cinders, dirt, brick, coal, liquids, pipes, wood, debris, ashes, rubbish,
waste or discarded material of any nature through the public streets of the
village, on ways open to the public or over land owned or controlled by the
public, or to deposit or allow such material to escape onto the streets and
other places while being so transported and conveyed. It shall be the duty
of every person transporting and conveying such material to stop and recover
the same, in the event of any escape or loss thereof, irrespective of the
cause of the escape or loss.
B.
The provisions of this section shall not apply to a duly
authorized municipal employee or employee of any contractor retained or hired
by the municipality and engaged in the repair or maintenance or care of such
street, road, highway, sidewalk or other public place.
No person shall knowingly 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 in such a manner that it tends to create a danger to the
public health, safety and welfare, whether owned by such person or not, except
that the owner or person in control of private property may maintain private
receptacles for collection. Litter shall be prevented from being carried or
deposited by the elements from any such occupied private property to the street,
sidewalk or other public place or upon any private property.
No person shall throw or deposit litter on any open or vacant private
property within the village, whether owned by such person or not, so that
the same shall create a danger to the public health, safety and welfare.
The owner or person in control of any private property shall at all
times maintain his premises free of litter so that the same does not constitute
a danger to the public health, safety and welfare. This section shall not
prohibit the storage of litter in authorized private receptacles for collection.
The Village Board of Trustees is hereby authorized and empowered to
request the owner of any open or vacant private property within the village,
or the agent of such owner, to properly dispose of litter located on such
owner's property which is dangerous to public health, safety or welfare.
Such request shall be by registered mail, addressed to the owner at his last
known address.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
Any person violating the provisions of this chapter or any part thereof
shall, for each and every violation, for each and every day that such violation
continues, be subjected to a fine of not more than $250 or imprisonment for
not more than 15 days, or both such fine and imprisonment. The issuance of
a summons for such violation and/or the imposition of a penalty shall not
relieve the person so violating this chapter from the obligation of immediately
removing such garbage, refuse, rubbish or outdoor rubbish from any street,
highway or public place where such dumping shall occur.
