[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-10-1992 by L.L. No. 2-1992 (Ch. 23 of the 1975 Code)]
Editor's Note: This local law also repealed former Ch. 23, Advertisements and Handbills, adopted 7-25-1932 by Ord. No. 33.
The purpose of this article is to promote and protect the public health, welfare and safety by regulating the distribution of commercial and advertising literature, such as handbills, circulars, cards and other advertising matter in the Village. It is not the intent of this article to prohibit the distribution of such items. Its intent is to regulate the place and manner of the distribution of such items in a narrowly tailored manner, affording other reasonable opportunities for the distribution of such items, in order to serve and advance the significant and legitimate governmental interests identified herein. Also, this article is content neutral. To allow such commercial matter to be thrown into the streets, avenues, highways, sidewalks or any public places or upon any vehicle thereon or in the front yards of residences in the Village creates an unpleasant and aesthetically offensive appearance. In addition to littering, this manner of distribution constitutes a hazard to pedestrians and traffic, particularly in rain or snowy weather conditions. Regulating the distribution of such items so as to prevent their being thrown into these places will protect property values, create a more attractive economy and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty of the Village and provide a more enjoyable and pleasing community and reduce hazards to pedestrians and to traffic. Furthermore, such regulation would not interfere unreasonably with the dissemination of this commercial material by other means, such as by mail or by placing the items on the doors of the private residences or by leaving them on the porch steps of private residences, and these other means are sufficient and adequate for such commercial communication.
It shall be unlawful for any person to throw, cast or place in or upon any street, avenue, highway, sidewalk or public place or any vehicle thereon any handbills, circulars, cards or any other advertising or commercial matter whatsoever.
It shall be unlawful for any person to throw, cast or place in or upon the front yard, the front walkway (not including the porch steps) or the driveway of any residence in the Village any handbills, circulars, cards or other advertising or commercial matter whatsoever, unless otherwise subscribed to in advance by the recipient.
It shall be unlawful for any person to operate a motor vehicle, motorcycle or bicycle from which that person or any passenger throws, casts or places any handbills, circulars, cards or other advertising or commercial matter whatsoever in or upon the prohibited areas in §§ 341-2 and 341-3 of this article.
Any person violating any provision of this article shall be guilty of an offense as established by the Penal Code and be liable for and forfeit and pay a penalty not exceeding $250 or 15 days' imprisonment, or both. Each week's continuous violation shall constitute a separate additional violation.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A clean, wholesome and attractive environment is declared to be of vital importance to the health, safety and welfare of the inhabitants of the Village of Farmingdale, as is the safeguarding of their material rights against unwarrantable invasion and the protection of public health. In addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Village of Farmingdale and the general welfare of its citizens.
As used in this article, the following terms shall have the meanings indicated:
- Garbage, refuse and rubbish as defined herein and all other disposed-of materials which, if thrown or deposited as herein prohibited, tend to create a danger to public health, safety and welfare or that create an unattractive visual image (eyesore) to the general public.
- Any individual, head of household, landlord, tenant, association, corporation, agent, Chief Executive Officer, owner or manager of a commercial or industrial establishment and all entities of any kind capable of being sued.
It shall be unlawful and a violation of this article for any person, firm or corporation to place upon or permit to accumulate upon any public street or sidewalk or other public place in the Village any trash, papers, garbage, rubbish, empty containers or other offensive materials, except in public receptacles or in authorized private receptacles.
No person, while a driver or a passenger in a vehicle, shall throw or deposit litter upon any street or other 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 constructed or loaded so as to prevent any land contents or litter from being blown or deposited upon any street, alley or other place.
No person shall throw or deposit litter on any vacant or occupied private property within the Village, whether owned by such person or not.
The owner or person in control of private property may maintain authorized receptacles for collection in such a manner that garbage, refuse and/or rubbish will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
The owner or person in control of private property which actively collects used or disposed-of materials by others for recycling, reuse or distribution to third parties may maintain storage bins for such collections, provided that:
Items which do not fit within said bins shall be placed in a separate area which is screened from the general public view.
Bins are regularly maintained and emptied such that donated items do not spill over onto the surrounding ground and are not visible to the general public. In the inadvertent event of spillover, no items in the public view shall be unattended for a period greater than 12 hours.
No person shall sweep into or deposit in any gutter, street or other public place within the Village the accumulate of litter from any building or lot or from any public or private sidewalk or driveway.
Persons owning property or occupying property shall keep the sidewalk in front of their premises free of litter.
Nothing in this article shall be construed as denying any person the right to maintain a mulch pile or accumulation of grass cuttings, leaves or other inoffensive materials on his own or leased property as long as dust, odors or other nuisances are not permitted to develop from the resulting compost.
Nothing in this article shall be construed as denying any person the right to use ashes or other clean material as fill on his property so long as dust or any other nuisance is not permitted to develop therefrom.
Any person that commits or permits any act or acts in violation of any of the provisions of this article shall have been deemed to have committed an offense (violation) and shall be punishable by a fine of not more than $250 or imprisonment not to exceed 15 days, or both.
Each twelve-hour period that a violation of this article continues shall be and does hereby constitute a separate and distinct offense and violation subject to the penalties herein stated.
In addition to the above-stated penalties and punishment, the Village Board of Trustees may institute and maintain an action or proceeding in the name of the Village of Farmingdale in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any section of this article.