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:
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.
GARBAGE
Putrescible animal and vegetable waste resulting from either
handling, preparation, cooking or consumption of food.
HANDBILL
Includes both commercial handbills and noncommercial handbills,
as such terms are defined in this section.
LITTER
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.
NEWSPAPER
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."
PARK
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.
PERSON
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.
REFUSE
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.
RUBBISH
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.
VEHICLE
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.
VILLAGE
The Village of Wolcott, County of Wayne and State of New
York.
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 open or vacant
private property whether owned by such person or not.