Village of Fort Edward, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Edward 4-7-1986 by L.L. No. 1-1986 (Ch. 59 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste collection and disposal — See Ch. 266.
It is hereby declared the policy of the Village of Fort Edward to preserve and maintain the clean and wholesome character of its environs and to preserve and maintain the health and welfare of its residents within the incorporated area of the Village, and in so doing it is necessary to establish regulations restricting the disposal of litter within the Village of Fort Edward.
A. 
Word usage. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular; words used in the singular number include the plural; and words in the masculine include the feminine and the neuter. The word "shall" is always mandatory and not merely directory.
B. 
Definitions. For the purpose of this chapter, the following words, phrases and terms and their derivations shall have the meanings given herein:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle of steel, aluminum or plastic, of 10 to 30 gallons' capacity, with tight cover, or larger steel container with closed lid, not exceeding 40 gallons' capacity.
[Amended 7-7-1986 by L.L. No. 2-1986]
COMMERCIAL REFUSE
Solid waste comprised of garbage, refuse and rubbish that originates from private commercial businesses and entities.
[Added 1-6-2014 by L.L. No. 1-2014]
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HANDBILL
Any printed or written matter, circular, leaflet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature.
HOUSEHOLD REFUSE
Solid waste comprised of garbage, refuse and rubbish that originates from domestic properties, private homes or apartments.
[Added 1-6-2014 by L.L. No. 1-2014]
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 public health, safety and welfare or tends to create blight.
NEWSPAPER
A printed publication issued at regular intervals, including any periodical or current magazine regularly published with not less than four issues per year and sold to the public, commonly containing news, comments, features and advertisements, including any "newspaper" duly entered with the Post Office Department of the United States in accordance with federal statute or regulation.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the Village, owned or operated by the Village and 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 not owned or operated by the Village, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, ground, parking lot, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such house, building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, beaches, squares, spaces, grounds and buildings.
PUBLIC RECEPTACLE
A litter storage and collection receptacle owned by the Village of Fort Edward and placed on public property designed and intended to be used as containers for pedestrian trash, such as candy wrappers, fruit skins, coffee cups and similar light refuse.
[Added 1-6-2014 by L.L. No. 1-2014]
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as but not limited to paper, wrappings, cardboard, tin cans, wood, glass, bedding and crockery.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or public street.
VILLAGE
The Village of Fort Edward.
A. 
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.
B. 
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 or animals upon any street, sidewalk or other public place or upon private property.
[Amended 7-7-1986 by L.L. No. 2-1986]
C. 
No person shall sweep into or deposit in any gutter, street, catch basin or other public place within the Village the accumulation of dirt or litter from any building or lot or from any public or private sidewalk or driveway.
D. 
Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter.
A. 
No person shall throw or deposit litter from any vehicle upon any street or public place within the Village or upon private property.
B. 
No person shall 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 sticky substances or foreign matter of such kind as adheres to the road surface.
A. 
No person shall throw or deposit litter in any park or beach 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 beach or upon any street or other public or private place. Where public receptacles are not provided, all such litter shall be carried away from the park or beach by the person responsible for its presence and properly disposed of elsewhere, as provided herein.
B. 
No person shall throw or deposit litter in any pond, river, stream or other body of water within the Village.
A. 
No person shall throw or deposit litter on any private property within the Village, whether owned by such person or not and whether occupied or vacant, 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 private property.
B. 
The owner and/or person in control of private property or any portion thereof shall at all times maintain the premises or that portion controlled by him free of litter, except when stored properly in authorized private receptacles for collection, no sooner than 12:00 noon the day before the scheduled day of collection, when such person shall have actual notice thereof or when said litter shall have been present a sufficient length of time to constitute constructive notice.
[Amended 7-7-1986 by L.L. No. 2-1986]
A. 
In public places. No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the Village. No person shall hand out or distribute any handbill in any public place except to persons willing to accept it.
B. 
On vehicles. No person shall throw or deposit any handbill in or upon any vehicle, except it shall not be unlawful in any public place for a person to hand out or distribute a handbill to any occupant of a vehicle who is willing to accept it.
C. 
On private property. No person shall throw or deposit any handbill in or upon any private premises which are:
(1) 
Temporarily or continuously uninhabited or vacant.
(2) 
Posted with a sign placed in a conspicuous position near the entrance thereof, bearing the words "No Peddlers or Agents," "No Advertisements" or words of similar import indicating the desire of the occupants not to have such handbills left upon such premises, or where an occupant expressly directs the person not to throw, deposit or distribute the handbill on the premises.
(3) 
Inhabited but not posted or subject to an express warning by an occupant, except by handing or transmitting any such handbill directly to an occupant, unless the person so distributing places or deposits any such handbill so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public ways.
D. 
The provisions of this section 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, sidewalk or other public place or upon private property.
[Amended 5-6-1996 by L.L. No. 1-1996]
Any person violating the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed $250 for each offense, each day considered a separate offense, and/or by imprisonment of not more than 15 days, and/or the requirement of a signed agreement with either a private waste hauler or by arranging for weekly collection with the Town of Fort Edward.
[Added 1-6-2014 by L.L. No. 1-2014]
A. 
No person shall throw, deposit or dispose of commercial or household refuse in or around municipal public receptacles.
B. 
Employees and/or elected officials of the Village of Fort Edward are authorized to examine the contents of any materials disposed of in public receptacles to identify a responsible party. There is a rebuttable presumption that the person whose name, or other identifying information, appears on any commercial or household refuse deposited in such public receptacle is in violation of this chapter.
[Added 1-6-2014 by L.L. No. 1-2014]
This chapter shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law.