[HISTORY: Adopted by the Board of Trustees
of the Village of Yorkville 5-3-1932; amended in its entirety 3-2-1993 by L.L. No. 1-1993. Subsequent amendments
noted where applicable.]
It is hereby declared and found that litter
carelessly deposited in the Village is the cause of civic disgrace;
that litter is a health, fire and safety hazard and pollutant; that
an all-out litter control campaign can result in substantial savings
to taxpayers of the Village; 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 health,
safety and general welfare of the people of the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
Any printed or written matter or any sample or device, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise
reproduced original or copy of any matter of literature which:
Advertises for sale any merchandise, product,
commodity or thing.
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.
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.
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.
Any store or group thereof, including shopping centers, shopping
plazas and other similar places, wherein mercantile activities and
services are offered to the public, and further including all parking
areas thereat.
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 the public health, safety and welfare
or creates unsightliness.
Any newspaper of general circulation, as defined by law;
any newspaper duly entered with the United States Postal Service in
accordance with federal statute or regulation; and any newspaper filed
and recorded with any recording officer as provided by law. In addition
thereto, "newspaper" shall mean and include any periodical or current
magazine regularly published with not fewer than four issues per year
and sold to the public.
Any printed or written matter or any sample or device, 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 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,
including 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, shopping carts 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.
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.
The Village of Yorkville, New York.
No person shall deposit or throw litter in or
upon any street, sidewalk or other public place within the Village,
except in public or private receptacles for collection.
Persons placing litter in public or private
receptacles shall do so in such a manner as to prevent it from being
carried or deposited by the elements upon street, sidewalk or other
public place or upon private property.
[Amended 9-4-2012 by L.L. No. 5-2012]
No person shall sweep or deposit in any gutter,
street or other public place within the Village the accumulation of
litter or debris from any building or from any public or private sidewalk
or driveway.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or 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 operated, constructed
and 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.[1]
No person shall throw or deposit litter in any
river, fountain, pond, lake, stream, bay or any other body of water
in a park or elsewhere within the Village.
A.Â
Handbills in public places. No person shall throw
or deposit any commercial or noncommercial handbill in or upon any
sidewalk, street or other public place within the Village.
B.Â
Placement on vehicles. 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,
a noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
C.Â
Handbills on vacant premises. No person shall throw
or deposit any commercial or noncommercial handbill in or upon any
private premises which is temporarily or continuously uninhabited
or vacant.
D.Â
Handbills on private premises.
(1)Â
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.
(2)Â
The provisions of this subsection shall not apply
to the distribution of mail by the United States Postal Service nor
to newspapers, as defined herein, 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 or other public
place or upon private property.
E.Â
Handbills on utility poles and trees. No person shall
affix any handbills, posters, signs, etc., to any utility pole or
tree either on public or private property within the Village of Yorkville.
No person shall throw or deposit litter on any
private property or commercial place within the Village, whether owned
by such person or not, except that the owner or person in control
of such private property or commercial place may maintain authorized
private receptacles for collection in such manner that litter will
be prevented from being carried or deposited by the elements upon
any street or other public place or upon any private property.
A.Â
Responsibility of owners of commercial premises. Each
owner or person in control of any commercial place, including shopping
centers and delivery and parking areas thereat, shall keep said places,
parking fields, parking areas, delivery areas and other open areas
which are a part of such commercial place free from litter.
B.Â
Responsibility of owners of private premises. 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.
[Amended 5-3-2016 by L.L.
No. 3-2016]
The Board of Trustees or its designated representative
is hereby authorized and empowered to notify the owner of any open
or vacant private property or commercial place within the Village,
or the agent of such owner, to properly dispose of litter located
on such owner's property which is a nuisance or dangerous to public
health, safety, or welfare. Such notice shall be by certified mail,
return receipt requested, and by posting the same on the lot, tract,
or parcel of land. Such notice shall direct that such hazard or nuisance
be remedied within 10 days of the mailing/posting of such notice.
[Added 5-3-2016 by L.L.
No. 4-2016]
If within said 10 days the owner should fail, refuse, or neglect
to abate the hazard or nuisance, the Village of Yorkville may undertake
to abate the same through the use of Village personnel or equipment,
or the Village of Yorkville may contract with an independent contractor
or contractors to do the work and cause the hazard or nuisance to
be abated. In either event, the costs incurred by the Village of Yorkville
to accomplish the abatement of the hazard or nuisance shall be assessed
against and be a lien upon the lot, tract, or parcel of land where
the hazard or nuisance existed.
A.Â
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Article II, General Penalty, of Chapter 1, General Provisions. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B.Â
In addition or as an alternative to the above provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this chapter.
