[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.]
A.
AUTHORIZED RECEPTACLE
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
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.
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:
Which advertises for sale any merchandise, product, commodity
or thing.
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.
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.
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 wastes resulting from the
handling, preparation, cooking and consumption of food.
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.
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.
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.
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.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
Any and all streets, sidewalks, boulevards, alleys, or other
public ways, and any and all public parks, squares, spaces, grounds
and buildings.
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.
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.
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]
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.