City of Yonkers, NY Chapter 93 Littering

[HISTORY: Adopted by the City Council of the City of Yonkers 10-24-1961 by G.O. No. 32-1961. Amendments noted where applicable.]

§ 93-1 Definitions; word usage.

A. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

B. Unless otherwise expressly stated, whenever used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

AIRCRAFT

Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.

AUTHORIZED PRIVATE RECEPTACLE

A litter storage and collection receptacle, the size and construction of which shall be determined by the Commissioner of Public Works.

CITY

The City of Yonkers.

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:

(1) Which advertises for sale any merchandise, product, commodity or thing;

(2) 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;

(3) 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 private gain or profit; or

(4) 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 in advertising or distribution.

COMMISSIONER

The Commissioner of Public Works of the City of Yonkers or his/her designee.

[Added 7-6-2017 by G.O. No. 13-2017]

GARBAGE

Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

LESSEE

Any person, corporation, firm, partnership, agency, association that rents, bails, leases or contracts, for the use of one or more vehicles and has the exclusive use thereof for any period of time.

[Added 7-6-2017 by G.O. No. 13-2017]

LESSOR

Any person, corporation, firm, partnership, agency, association or organization engaged in the business of renting or leasing vehicles to any lessee or bailee under a rental agreement, lease or otherwise, wherein the lessee or bailee has the exclusive use of the vehicle for any period of time.

[Added 7-6-2017 by G.O. No. 13-2017]

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.

NONCOMMERCIAL HANDBILL

Any printed or written matter, any sample or device, dodger, circular, 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."[1]

OWNER

Any person, corporation, partnership, firm, agency, association, lessee, or organization who at the time of the notice of violation is issued pursuant to this chapter in which a vehicle is operated:

[Added 7-6-2017 by G.O. No. 13-2017]

(1) Is the beneficial or equitable owner of such vehicle; or

(2) Has title to such vehicle; or

(3) Is the registrant or co-registrant of such vehicle which is registered with the Department of Motor Vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or

(4) Uses such vehicle in its vehicle renting and/or leasing business.

PARK

A park, reservation, playground, beach, recreation center or any other public area in the City owned or used by the City and devoted to active or passive recreation.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE PREMISES

Any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

PUBLIC PLACE

Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

RECORDED IMAGES

Images recorded on photographs, microphotographs, videotape, electronic or digital images, or any other medium, showing the front or rear of a vehicle, clearly identifying the registration plate number of the vehicle.

[Added 7-6-2017 by G.O. No. 13-2017]

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 paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

VEHICLE

Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.

[Amended 7-6-2017 by G.O. No. 13-2017]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 93-2 Litter in public places.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in public receptacles, in authorized private receptacles for collection or in official City dumps.

§ 93-2.1 Placement of receptacles by private concerns.

[Added 7-12-1994 by G.O. No. 16-1994]

Under contract or permit, subject to approval by the City Council, the Commissioner of Public Works may permit private concerns to place trash receptacles of a size and design to be approved by the Commissioner in approved locations throughout the City. Any such contract or permit must contain an agreement that the private concern will provide insurance in an amount approved by the Corporation Counsel and will indemnify and hold the City harmless from all incidents arising out of the placement of the receptacles and will maintain, repair or replace the receptacles during the term of the contract or permit. The provisions of Chapters 43 and 47 of the Code will not apply to any receptacle placed on a City sidewalk under a permit or contract approved pursuant to this section of the Code.

§ 93-3 Placement of litter in receptacles.

A. 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 street, sidewalk or other public place or upon private property.

B. Public receptacles are intended for incidental garbage occurring while in public places. No person shall deposit any household garbage, refuse and rubbish, or commercial garbage, refuse or rubbish in any public receptacle. Any person engaging in the deposit of household or commercial garbage, refuse and rubbish in a public receptacle shall be subject to a fine of up to $300.

[Added 1-26-2021 by G.O. No. 2-2021]

§ 93-4 Sweeping litter into gutters.

No person shall sweep into or deposit in any gutter, street or other public place within the City 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.

§ 93-5 Merchant's duty to keep sidewalks free of litter.

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter.

§ 93-6 Litter thrown by persons in vehicles.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City, nor shall any person drive or move within the City any vehicle or truck, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.

§ 93-7 Litter in parks.

No person shall throw or deposit litter in any park within the City 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 upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.

§ 93-8 Litter in lakes and fountains.

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the City.

§ 93-9 Throwing commercial or noncommercial handbills in public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City.

§ 93-10 Depositing commercial and noncommercial handbills on uninhabited or vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

§ 93-11 Distributing commercial and noncommercial handbills at inhabited private premises.

No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises.

§ 93-12 Dropping litter from aircraft.

No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object.

§ 93-13 Litter on vacant lots.

No person shall throw or deposit litter on any open or vacant private property within the City, whether owned by such person or not.

§ 93-14 Penalties for offenses. [1]

[Amended 5-12-1964 by G.O. No. 29-1964; 4-22-1969 by G.O. No. 7-1969; 9-26-1978 by G.O. No. 9-1978; 1-27-1987 by G.O. No. 1-1987; 6-28-2016 by G.O. No. 15-2016[2]]

Any violation of this chapter shall constitute a Class II offense. Notwithstanding any other inconsistent provision of law to the contrary, by resolution, the City Council may from time to time fix an additional fine, surcharge or penalty for violations of this chapter.

[1] Editor's Note: For enforcement procedures for this chapter see Ch. 91, Garbage and Refuse, Art. VI, Enforcement Procedures.

[2] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 93-15 Recorded images violations.

[Added 7-6-2017 by G.O. No. 13-2017]

A. Legislative intent. The City of Yonkers hereby finds and determines that littering within the City is a threat to the health, well-being and safety of the residents of the City of Yonkers. As a result, the City has determined to utilize any permissible technological means available to reduce the incidence of littering. Therefore, the City has established a policy and procedure set forth in this article to impose liability on the owner of a vehicle in any instance where the image of the operator or occupant of such vehicle is captured digitally or otherwise recorded throwing or depositing litter from such vehicle upon any street or other public place within the City or upon private property.

B. Statement of authority. This article is authorized by the New York State Constitution, the provisions of the New York Municipal Home Rule Law, the relevant provisions of the Second Class Cities Law of the State of New York, and the general police power vested with the City of Yonkers to promote the health, safety and welfare of all residents and property owners in the City.

C. Owner liability. The owner of a vehicle shall be liable for a civil penalty imposed pursuant to this article if such vehicle is used or operated with the permission of the owner; express or implied, in any instance where a recorded image is obtained showing the operator or occupant throwing or depositing litter from such vehicle upon any street or other public place within the City of Yonkers or upon private property.

D. Notice of liability. A notice of liability shall be sent by the Commissioner by first class mail to each person alleged to be liable as an owner of a vehicle in violation of Article II of Chapter 93 of the Code of the City of Yonkers, entitled "Recorded Images Violations." A notice of liability shall contain the name and address of the person to be liable for the violation as the owner; the registration of the vehicle involved in such violation, the location where the violation occurred, the date and time of such violation. Further, the notice of liability shall advise the person charged of the court or tribunal having jurisdiction to adjudicate the liability of the violation and the time in which he or she may contest the liability alleged in the notice and that a failure to contest the notice in the manner and time proscribed shall be deemed an admission of liability.

E. Certificate as prima facie evidence. A certificate sworn to or affirmed by the Commissioner primarily responsible for enforcing the provisions of this chapter based upon a review of the recorded images shall be prima facie evidence of the facts contained therein. Any recorded images shall be available for inspection in any proceeding commenced in a court of competent jurisdiction to adjudicate the liability of such violation.

F. Indemnification. If the owner of a vehicle liable for the civil penalty imposed in accordance with this section was not the operator or occupant of the vehicle at the time of violation, the owner may maintain an action for indemnification against the operator or occupant for any civil penalties paid as well as any costs, disbursements or attorney's fees assessed against the owner.

G. Defenses.

(1) An owner shall have a valid defense to an allegation of liability under this section if the vehicle in question had been reported to a police department or agency as stolen prior to the time the violation occurred, and had not been recovered by the time the violation occurred. For the purposes of asserting this defense, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent by first class mail to the court or tribunal having jurisdiction to adjudicate the liability of the violation.

(2) An owner who is a lessor of a vehicle to which a notice of liability is issued shall not be liable for the violation, provided that he or she sends to the court or tribunal having jurisdiction to adjudicate the liability of the violation a copy of the rental, lease or other such contract covering such vehicle on the day of the violation, with the name and address of the lessee clearly legible, within 30 days after receiving notice of such violation. Failure to send such information within the 30 days shall render the owner liable for the penalty prescribed in this chapter. When the lessor complies with the provisions of this subsection, the lessee of such vehicle on the date of the violation shall be deemed to be the owner of such vehicle for the purposes of this article.

(3) No owner of a vehicle shall be subject to a monetary fine under this chapter if the operator of such vehicle was operating the vehicle without the consent of the owner at the time of the violation. However, there shall be a rebuttable presumption that the operator of such vehicle was operating the vehicle with the consent of the owner at the time the violation occurred.

H. Nothing in this section shall preclude the Commissioner or any other code or law enforcement officer from taking such other action in connection with violations of any other applicable rules, regulations, statutes or laws.

I. Any violation of this section shall constitute a Class II offense.