[HISTORY: Adopted by the Board of Trustees of the Village of Lake Placid 4-17-1989 by L.L. No. 3-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 222.
Junkyards and junk vehicles — See Ch. 170.
Vehicles and traffic — See Ch. 280.
A. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
AUTHORIZED RECEPTACLE
A litter, garbage or refuse storage and collection receptacle as required and authorized by law as provided by the Village for the use of the public.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise produced original or copies of any matter of literature, but excluding bumper stickers:
(1) 
Which advertises for sale any merchandise, product, commodity or thing.
(2) 
Which directs attention to any business, 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.
(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 as advertiser or distributor.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to endanger the public health, safety and the aesthetic value of the property in relation to the Village or causes untidiness or disorder within the Village.
NEWSPAPER
Any newspaper of general circulation, whether the same is paid or free, or whether it is primarily designed to report the news or as a form of commercial advertising, which is either delivered locally or through the mail. It is intended that this definition of "newspaper" be given a broad interpretation to cover all local, regional, statewide or national newspapers.
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, but excluding bumper stickers, not included in the aforesaid definitions of a commercial handbill or newspaper.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the Village owned or used by the Village and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Unimproved property, dwelling, house, building or other structure designed or used either wholly or in part for private 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.
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, wood, glass, bedding, crockery 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 rules or tracks.
B. 
Word usage. 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall sweep into or deposit litter in or upon any street, sidewalk, alley, parking lot or other public place within the Village. The public shall place any and all litter, except domestic, commercial and industrial litter, in public receptacles in such a manner that it may not be scattered by the elements. The public shall place domestic, commercial and industrial litter in private receptacles for ultimate disposal in accordance with the garbage collection laws of the Village of Lake Placid, not in public receptacles. Where public receptacles are not provided in parks, all such litter shall be carried away from the park by the person responsible for its presence and shall be properly disposed of in authorized private receptacles.
No person shall sweep into or deposit in any gutter, street or public place within the Village the accumulation of litter from any building or lot, from any public or private sidewalk or driveway or from the space between the sidewalk and the curbing.
No person, while in a vehicle, shall throw or deposit litter upon any street or other public place or upon private property.
[Amended 6-9-2003 by L.L. No. 2-2003]
No person shall drive, move or operate any truck or other vehicle within the Village of Lake Placid unless such vehicle is securely covered to prevent any load, contents or litter from being blown or discharged therefrom.[1]
[1]
Editor's Note: Original Section 6, Litter in parks prohibited, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Village, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful, on any sidewalk, street or other public place within the Village, or any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
B. 
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle.
C. 
No person shall throw or deposit any litter or commercial or noncommercial handbill in or upon any private premises, whether occupied or vacant or which are temporarily or continuously uninhabited.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection in the rear of the premises or, where this is impractical, such place as designated by the Building Inspector.
A. 
Notice to remove. The Board of Trustees is hereby authorized and empowered to notify the owner of any private property within the Village, or the agent of such owner, to properly dispose of litter located on such owner's property, which endangers the public health, safety, aesthetic value of the property in relation to the Village or causes disorderliness or untidiness. Such notice shall be personally served or served by certified mail, addressed to said owner or agent at this last known address.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety, welfare or aesthetic value within 10 days after receipt of notice, as provided for in Subsection A above, or within 15 days after the date of such notice in the event that the same is returned to the Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner, or agent, the Board of Trustees or the Village Mayor is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Village.
C. 
Charge included in the tax bill. When the Village has effected the removal of such litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill, forwarded to such owner by the Village, and said charge shall be due and payable by said owner at the time of payment of such bill.
D. 
Recorded statement constitutes lien.
(1) 
Where the full amount due the Village is not paid by such owner within 30 days after the disposal of such litter, as provided for in Subsection A and B above, then, and in that case, the Board of Trustees or the Village Mayor shall cause to be recorded in the office of the Village Treasurer a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. Thereafter, by resolution of the Board of Trustees, the recordation of such sworn statement may become a lien on said premises 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.
(2) 
Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 10% in the event that same is not paid in full on or before the date the tax bill upon which said charge appears become delinquent.
(3) 
Sworn statements recorded 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 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 Village Board of Trustees reserves the right and shall have the authority to promulgate and adopt rules and regulations to carry out the intent and purposes of this chapter. Said rules and regulations may supplement, modify and/or amend the express provisions hereof.
Any person committing an offense against this chapter shall, upon conviction, be subject to a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or to both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.