[HISTORY: Adopted by the Town Board of the Town of Highland by L.L. No. 8-2002. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Litter Control Law."
The intent of this chapter is to safeguard the health, safety and welfare of the inhabitants of the Town, with particular effort to safeguard their material rights against unwarranted diminishing of open space, and to minimize visual and hazardous nuisance.
The following terms as used in this chapter shall have the meanings indicated:
- COMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
- A. Which advertises any merchandise, product, commodity or thing for sale.
- B. Which directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereto by sales;
- C. Which, 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 or any person so engaged as advertiser or distributor.
- Putrescible animal and vegetable waste resulting from either the handling, preparation, cooking or consumption of food.
- Includes both commercial handbills and noncommercial handbills, as such terms are defined in this section. Excluded from this definition is any printed or written matter, distributed by any emergency service, religious organization or school district situate within the Town and "posted" signs as provided for in the Conservation Law.
- Garbage, refuse or rubbish, as such are defined herein, and all other waste materials which, if thrown or deposited as herein prohibited, tend to create a danger to public health, safety and welfare or gender or render the roads, private grounds or public places unsightly.
- Any newspaper of general circulation as defined by general 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 office as provided by general law. In addition, "newspaper" means and includes any periodical or magazine regularly published with not less than four issued per year and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, circular, dodger, 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 and newspaper.
- A park, playground, recreation center or any other public area owned or used by the Town of Highland or other public entity or government which is devoted to a recreational purposes.
- Any person, firm, partnership, association, corporation or organization of any kind.
- PRIVATE PREMISES
- Any private owned unimproved land or any dwelling, house, building or other structure designated or used either wholly or in part for private residential purposes, whether inhabited or continuously uninhabited or vacant, and includes any yard, acreage, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling house, building or other structure.
- PUBLIC PLACE
- Any or all roads, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- PUBLIC STRUCTURE OR BUILDING
- Any structure or building owned or operated by federal, county or state government or any governmental agency.
- All putrescible solid wastes (except body wastes) including garbage, rubbish, street cleanings, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk, machinery and solid market and industrial wastes.
- Nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, wood products, glass, bedding crockery, building materials and similar materials.
- TAKEOUT RESTAURANT, LUNCHEONETTE or DELICATESSEN
- All retail stores which permit off premises consumption of food or beverage.
- The Town of Highland; County of Sullivan, State of New York.
No person shall throw or deposit litter in or upon any road, sidewalk or other public place within the Town, except in public receptacles or in 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.
Persons placing litter in public receptacles or in private receptacles shall do so in such a manner as to prevent it from being carried, disbursed, dispensed or deposited upon the premises, road, sidewalk or public place.
No person shall sweep into or deposit on any road other public place within the Town the accumulation or litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk and/or frontage along public highway in front of their premises free of litter.
No person, while a driver or a passenger in a vehicle, shall throw or deposit litter upon any road, private premises or public place within the Town.
No person shall drive or move any truck or other commercial vehicle unless the vehicle is so constructed or loaded as to prevent any litter from being blown or deposited upon any road, public place or private premises.
No person shall throw or deposit litter in any park except in public receptacles and in such manner as to prevent such litter 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 litter shall be carried from the park by the person responsible for its presence and shall be properly disposed of elsewhere.
No person shall throw or deposit litter in any river, lake, pond, stream or any other bodies of water, or along the banks or shores thereof.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, road or other public place.
No person shall hand out or distribute or sell commercial handbills in any public place; provided, however, that it shall not be deemed unlawful for any person to hand out or distribute without charge to the receiver thereof, in any sidewalk, road or other public place, any noncommercial handbill to any person who is willing to accept it.
No person shall throw or deposit any handbill in or upon any vehicle.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any public lamppost, public utility pole, shade tree or upon any public structure or building or upon any official traffic control devices except posted signs as provided for in the Conservation Law or others as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private property, whether owned by him or not, except that the owner or person in control of private property shall maintain private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any 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. This section shall not be construed to prohibit storage of litter in private receptacles for collection. Abandoned farm or household dumps existing at the time of the adoption of this chapter and compost piles shall not constitute a violation of this section.
No person shall throw or deposit litter on any open or vacant private property whether owned by such person or not.
Notice to remove. The Code Enforcement Officer or his duly designated agent is authorized or empowered to notify the owner of any private premises or vacant land, or the tenant or agent of such owner, to dispose properly of litter located on such owner's property which is detrimental to the public health, safety, welfare or offensive to commonly accepted community standards. Notice shall be by registered or certified mail, return receipt requested, addressed to said property owner or his agent or tenant at his last known address, or served personally upon said owner, tenant or agent.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days from receipt of written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event it is returned to the Town by the Post Office because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the Code Enforcement Officer or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the Town.
When the Town has effectuated the removal of said litter or has paid for its removal, the actual cost thereof shall, unless paid by the owner prior thereto, be charged to the owner of the property on the next regular tax bill forwarded to the owner by the Town. The charge shall be due and payable by the owner at the time set for payment of the tax bill.
Where the full amount due the Town is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections B and C of this section, then and in that case, the Code Enforcement Officer shall certify the cost thereof to the Town Tax Collector, who shall examine the certificate and if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due, 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 shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event that they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Code Enforcement Officer 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 dual 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.
It is hereby declared to be a duty of the owner or operator of a takeout restaurant, including but not limited to, coffee shop, delicatessen or luncheonette to provide not less than one private receptacle for the receipt of trash, litter, paper, napkins, cups and remnants of food and nonfood items at each exit, available to the patrons as they leave the premises. If the owner or operator of same shall fail to provide such receptacles, he shall be fined upon conviction, as provided in this chapter.
The Code Enforcement Officer, any police agency and Health Officer are hereby empowered and authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions in this chapter.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable by the imposition of a fine in an amount to be fixed by the court, not exceeding $1,000 or up to 15 days in jail, or both such fine and jail sentence. In addition to the penalties set forth above, or in lieu of same, the court may impose a fine, to be payable to the Town, equal to the cost or removal of the litter, refuse or rubbish deposited by the violator.
Each and every day a violation of this chapter continues shall constitute a separate violation and the penalties prescribed above shall be applicable to each such separate offense, except that no further penalty shall be imposed for the period during which any appeal from a conviction of such offense is pending.
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such law.