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; 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 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.
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food, including containers
in which packaged.
[Amended 6-12-2017 by L.L. No. 4-2017]
HANDBILL
Any printed or written matter, 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.
LITTER
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.
NEWSPAPER
Any newspaper of general circulation, as defined by law;
any newspaper duly entered with the Post Office Department of the
United States 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 less than
four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, newspaper, magazine, paper, booklet or any other
printed or otherwise reproduced original or original or copies of
any matter of literature not included in the aforesaid definitions
of a commercial handbill or newspaper.
PARK
A park, reservation, playground, beach, recreation center
or any other public area in the Village, or owned or used by the Village,
devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PREMISES
Any 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.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street cleanings, dead animals, and solid
market and industrial wastes.
[Amended 6-12-2017 by L.L. No. 4-2017]
RUBBISH
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
[Amended 6-12-2017 by L.L. No. 4-2017]
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
[Amended 6-12-2017 by L.L. No. 4-2017]
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 any street, sidewalk or
other public place or upon private property.
No person shall sweep or deposit in any gutter,
street or other public place within the Village the accumulation of
litter from any building or litter from any public 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 so 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.
No person shall throw or deposit any commercial
or noncommercial handbills in or upon any sidewalk, street or other
public place within the Village.
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.
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.
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 Coxsackie.
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.
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.
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.
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,
addressed to said owner at his last known address.
[Added 6-12-2017 by L.L.
No. 4-2017]
Violations of this chapter shall be punishable by a maximum
fine as determined by the schedule adopted by the Village Board of
Trustees of the Village of Coxsackie.