[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:
- COMMERCIAL HANDBILL
- 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:
- A. Advertises for sale any merchandise, product, commodity or thing.
- B. 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.
- C. 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.
- D. 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.
- COMMERCIAL PLACE
- 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.
- NONCOMMERCIAL HANDBILL
- 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.
- 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, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- 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.
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.
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.
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.
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.
Handbills on private 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.
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.
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.
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.
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.
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.
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.