[HISTORY: Adopted by the Board of Trustees of the Village
of New Hartford as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Ch. 25 of the 1971 Code]
A.
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.
GARBAGE
LITTER
PERSON
PRIVATE PREMISES
PUBLIC PLACE
PUBLIC STRUCTURE OR BUILDING
REFUSE
RUBBISH
VEHICLE
For the purpose of this article, the following terms, phrases, words
and their derivations shall have the meaning given herein.
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, deposited or stored as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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, ground, walk, driveway, porch, steps or
vestibule belonging or appurtenant to such dwelling house, building
or other structure.
Any street, sidewalk, alley or other public way, 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, branches and stumps, wood, glass,
bedding, crockery, building materials 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.
[Amended 9-11-1994 by L.L. No. 1-1994]
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.
[Amended 9-11-1994 by L.L. No. 1-1994]
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.
A.
No person shall sweep into or deposit in any gutter, street or other
public place within the Village the 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.
B.
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.
A.
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.
B.
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, stones, 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.
No person shall throw or deposit litter into any fountain, pond,
stream or any other body of water in a park or elsewhere within the
Village.
No person in any 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; provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles 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.
A.
Notice to remove. The Code Enforcement Officer is hereby authorized
and empowered to notify 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 notice be by registered mail, addressed
to said owner at his last known address.
[Amended 9-11-1994 by L.L. No. 1-1994]
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 within seven days after receipt of written notice provided for in Subsection A above or within two days after the date of such notice in the event the same is returned to the Village by the Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Code Enforcement Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Village.
[Amended 9-11-1994 by L.L. No. 1-1994]
C.
Charge included in tax bill. When the Village has effected the removal
of such dangerous litter or has paid for its removal, the actual cost
thereof, plus accrued interest at the maximum rate permitted by state
law from the date of the 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 Village,
and said charge shall be due and payable by said owner at the time
of payment of such bill.
D.
Recorded statement constitutes lien. Where the full amount due the Village is not paid by such owner within 10 days after the disposal of such litter, as provided for in Subsections A and B above, then and in that case the Code Enforcement Officer shall cause to be recorded in the Village office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such 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 costs of court and attorney's fees, 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 as set forth from time to time by resolution of the Board of Trustees in the event the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded 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.
[Amended 9-11-1994 by L.L. No. 1-1994]
[Amended 9-11-1994 by L.L. No. 1-1994]
This article shall be enforced by the Police Department of the
Town of New Hartford or such other duly authorized agents or persons
duly authorized by resolution of the Mayor and Village Board.
Any person who shall violate any provision of this article shall,
upon conviction, be punished by a fine in an amount not to exceed
$250 per day or be imprisoned for not more than 15 days, or both,
in the discretion of the Town Justice.
[Adopted 9-12-1994 by L.L. No. 1-1994]
[Amended 2-10-1997 by L.L. No. 2-1997]
The Village dump is hereby closed to the public.
Any person who shall be convicted of dumping in the Village
dump hereby closed shall be punishable by a fine of not more than
$250 or by imprisonment for not more than 15 days, or both.
