[HISTORY: Adopted by the Board of Trustees of the Village of Wolcott as indicated in article histories. Amendments noted where applicable.]
It shall be unlawful, and all persons are prohibited from placing or causing to be placed, except with written permission of the Village Board of the Village of Wolcott, any waste, refuse, papers, brush, weeds, sticks, stones, ashes or other material detracting in any way from the cleanliness thereof, or endangering public health, or the safety of any building or property in or about the Wolcott Creek Gully from its easternmost boundary at Mill Street westerly and northerly to the Village line, or in or upon the Mill Pond.
Any person violating this article shall be punishable by a fine not exceeding $250 and, in addition, any violation of this article shall constitute disorderly conduct, and the person violating the same shall be a disorderly person.
[Adopted 7-14-1981 by L.L. No. 5-1981]
The following terms, as used in this article, shall have the following meanings:
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage or collection receptacle approved by the Village.
- 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; or
- 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 thereof by sales; or
- C. Which 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 gain or profit. The terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when it is held, is given or takes place in connection with the dissemination of information which does not violate the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license where such license is or may be required by a law of this state or ordinance of the Village; or
- D. 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 of any person so engaged as advertiser or distributor.
- Putrescible animal and vegetable waste resulting from either handling, preparation, cooking or consumption of food.
- Includes both commercial handbills and noncommercial handbills, as such terms are defined in this section.
- Garbage, refuse and 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 render the streets, 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 issues 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 or 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 Village of Wolcott or other public entity or government which is devoted to recreational purpose.
- Any person, firm, partnership, association, corporation or organization of any kind.
- PRIVATE PREMISES
- 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, grounds, walk, driveway, porch, steps, or vestibule belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any or all streets, 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 the federal, county or state government or any governmental agency.
- All putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, 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, yard clippings, leaves, wood, glass, bedding, crockery, building materials and similar materials.
- TAKE-OUT RESTAURANT, LUNCHEONETTE or DELICATESSEN
- All retail stores which permit off-premises consumption of food or beverage.
- 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 Wolcott, County of Wayne and State of New York.
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; 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 authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any streets, sidewalks or other public place.
No person shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Village.
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 street, alley or other public place or private premises. No person shall drive or move any vehicle or truck if the vehicle's wheels or tires carry onto or deposit in any street, alley or other public place any mud, dirt, sticky substances or foreign matter of any kind from any other place than the traveled portion of a public street or alley.
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 fountain, lake, pond, stream, bay or any other body of water within the Village.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street 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, street 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 private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw or deposit any handbill in or upon any vehicle; provided, however, that it shall not be unlawful for a person to hand out or distribute without charge to the receiver thereof, in any public place, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw, deposit or distribute any handbill in or upon any private premises if requested by anyone in or upon such premises not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Handbills," "No Trespassing," "No Peddlers or Agent," "No Advertisement" or any similar notice indicating that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.
No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited, except by handing or transmitting such handbill directly to the owner, occupant or other person then present, except as hereinafter provided. A person, unless requested by anyone upon the premises not to do so may place or deposit any such handbill in or upon inhabited private premises if the premises are not posted as provided under Subsection E above and the handbill is placed or deposited so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places or private premises. Mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers as defined in this chapter; provided, however, that newspapers shall be placed on private premises in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or any other public place or upon private property.
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 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 of private property or the person in control thereof shall at all times maintain the premises free of litter. This section shall not be construed to prohibit the storage of litter in private receptacles for collection.
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 Zoning Enforcement Officer or his duly designated agent is authorized and 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 dangerous to public health, safety or welfare. 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 the said litter within 10 days from the 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 Village by the Post Office Department because of the inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the Zoning 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 Village.
When the Village has effected the removal of dangerous 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 Village. The charge shall be due and payable by the owner at the time set for the payment of the tax bill.
Where the full amount due the Village 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 Zoning Enforcement Officer shall certify the cost thereof to the Village 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 in principal and interest, plus costs of court, if any, for collection, 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 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 Zoning Enforcement Officer in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that all the work has been done properly and satisfactorily, and shall be full 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.
The Board of Trustees, the Police Department and the Zoning Enforcement 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 of this chapter.