[HISTORY: Adopted by the Board of Trustees of the Village of New Hartford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 74.
Property maintenance — See Ch. 80.
Solid waste — See Ch. 96.
Streets and sidewalks — See Ch. 101.
[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. 
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
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.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
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.
PUBLIC PLACE
Any street, sidewalk, alley or other public way, and any and all public parks, squares, spaces, grounds and buildings.
PUBLIC STRUCTURE OR BUILDING
Any structure or building owned or operated by the federal, county or state government or any governmental agency.
REFUSE
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.
RUBBISH
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.
VEHICLE
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. Also, any motor vehicle, whether automobile, bus, trailer, truck, tractor, mobile home, motorcycle, motor bicycle, mini-bicycle or snowmobile or any other contraption or objects originally intended for travel on the public highways.
[Amended 1-31-2023 by L.L. No. 3-2023]
[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 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.
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.
[Amended 9-11-1994 by L.L. No. 1-1994[1]; 1-19-2018 by L.L. No. 1-2018]
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.
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II).
[Adopted 9-12-1994 by L.L. No. 1-1994]
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.