[HISTORY: Adopted by the Town Board of the Town of Kinderhook 10-6-1986 by L.L. No. 6-1986 (Ch. 61 of the 1978 Code). Amendments noted where applicable.]
Park and recreation areas — See Ch. 172.
It is hereby declared and found that litter carelessly deposited in the Town is the cause of civic disgrace; that litter is a health, fire and safety hazard and pollutant; that an all-out litter-control campaign can result in substantial savings to taxpayers of the Town; and that litter is a matter affecting the public interest and, consequently, should be subject to supervision and administrative control for the purpose of safeguarding the health, safety and general welfare of the people of the Town.
Word usage. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. 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.
Words defined. As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL PLACE
- Any store or group thereof, including shopping centers, shopping plazas and other similar places wherein mercantile activities and services are offered to the public, and shall include all parking areas thereat.
- Putrescible animal and vegetable wastes and resulting from the handling, preparation, cooking and consumption of food.
- Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature which does any of the following:
- (1) Advertises for sale any merchandise, product, commodity or thing.
- (2) 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) 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) 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, 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 the public health, safety and welfare or creates unsightliness.
- Any newspaper of general circulation, as defined by 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 officer, as provided by law. In addition thereto, "newspaper" shall mean and include any periodical or current 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, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original, or original or copies of any matter of literature 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 Town or owned or used by the Town and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any 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.
- 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 yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- The Town of Kinderhook.
- 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.
No person shall deposit or throw litter in or upon any street, sidewalk or other public place within the Town, except in public receptacles, in private receptacles for collection, in official Town dumps or in rubbish pits, if the same exist.
Persons placing litter in public or 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.
No person shall sweep or deposit in any gutter, street or other public place within the Town the accumulation of litter from any building or litter from any public sidewalk or driveway.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or public place within the Town or upon private property.
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or located as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the Town 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.
No person shall throw or deposit litter in any park within the Town, 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.
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 Town.
No person shall throw or deposit any commercial or noncommercial handbills in or upon any sidewalk, street or other public place within the Town.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which is temporarily or continuously uninhabited or vacant.
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.
Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States or to newspapers, as defined herein, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street or other public place or upon private property.
Exemption for political handbills. The provisions of this section shall not apply to the distribution of any handbill endorsing the candidacy of any individual or individuals for any local, state or national public office.
No person shall throw or deposit litter on any occupied private property or commercial place within the Town, whether owned by such person or not, except that the owner or person in control of such private property or commercial place may maintain authorized private receptacles for collection in such manner that litter will be prevented from being carried or deposited by the elements upon any street or other public place or upon any private property.
Each owner or person in control of any commercial place, including shopping centers and delivery and parking areas thereat, shall keep said places, parking fields, parking areas, delivery areas and other open areas which are a part of such commercial place free from litter.
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.
No person shall throw or deposit litter on any open or vacant private property within the Town, whether owned by such person or not.
The Town Board or its designated representative is hereby authorized and empowered to notify the owner of any open or vacant private property or commercial place within the Town, or the agent of such owner, to properly dispose of litter located on such owner's property which is a nuisance or dangerous to public health, safety or welfare. Such notice shall be by certified mail, addressed to said owner at his last known address.
[Amended 10-6-1997 by L.L. No. 9-1997]
Any person committing an offense against any provision of §§ 158-3 through 158-17 shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.
[Added 10-6-1997 by L.L. No. 9-1997]
Purpose. Property and vacant buildings may become a nuisance by reason of improper maintenance following damage by fire, the elements, age, general deterioration or neglect. Property and vacant structures shall be maintained in conformity with the provisions of this section so as to establish reasonable safeguards for the safety, health and welfare of the general public.
Required maintenance of property. Any owner of property must keep his/her premises clear of combustible waste, refuse, and larger quantities of dry vegetation which, by reason of their proximity to buildings or structures, would constitute a fire hazard or contribute to the spread of fire.
Required maintenance of vacant structures. The owner shall keep all and every part of any vacant structure in attractive condition and in good repair, including but not limited to the following:
Exterior surfaces of buildings and structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative.
Buildings and structures shall be secured at all doorways, windows and other openings.
Buildings and structures shall be maintained free of vermin and rodents and the grounds maintained free of overgrown grass, foliage or noxious weeds.
Damage caused to the exterior of any structure by fire, explosion or natural disaster shall be repaired within six months of the date when such damage is sustained.
The Code Enforcement Officer of the Town of Kinderhook shall be charged with the duty of administering and enforcing this section.
It shall be the duty of the Code Enforcement Officer to issue a notice of violation or to order in writing the correction of all conditions found to exist in or on any premises which violate the provisions of this section.
Penalties for offenses.
Any person, upon conviction of a violation of this section, shall be fined a sum of money of not less than $100 nor more than $500 for the first offense and not less than $1,000 for the second or any subsequent offense within a twelve-month period. In addition, such person shall be subject to an injunction prohibiting and otherwise preventing any further violations.
The term "person" shall include the owner, tenant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, sublessee, agent or any other person, firm or corporation directly or indirectly in control of any premises, building or part thereof.
Service of notice of violation.
A notice of violation issued by the Code Enforcement Officer relative to a premises shall be served either personally upon the person or by posting the violation notice in a conspicuous place upon the premises affected. In addition, a copy of said posted notice shall be sent by certified mail to the person to whom it is directed and the owner of the property as shown on Town records.
A notice of violation shall state that unless, within five days from service of notice, a written request is made for a hearing before the Code Enforcement Officer, such notice shall, at the expiration of such five-day period, be deemed an order to cease and desist from and to abate the described violation. Such notice shall prescribe a reasonable time within which such person shall be required to cease and desist from and to abate the described violation. The notice shall also contain an outline of remedial action which, if taken, will effect compliance with this section.
Any party aggrieved by the decision of the Code Enforcement Officer may within five days appeal said decision to the Zoning Board of Appeals of the Town of Kinderhook by filing the appropriate form.
Emergencies. Whenever the Code Enforcement Officer finds that an emergency exists which requires immediate attention to protect the public health or safety, he/she may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as he/she deems necessary to address the emergency. Upon notification of the Town Supervisor, notwithstanding any other provisions of this section, such order shall take effect immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Zoning Board of Appeals or Town Justice, shall be afforded a hearing as soon as possible. After such hearing, the Zoning Board of Appeals or Town Justice shall continue such order in effect or shall modify or rescind it.
Upon the failure, neglect or refusal of any owner, person or agent so notified to properly comply with this section within 20 days after the service of notice as provided herein, the Code Enforcement Officer is hereby authorized and empowered to pay for the correction of such violation, subject to the approval of the Town Board.
When the Town has effected the correction of the violation or has paid for its removal, the actual cost thereof, plus the accrued legal rate of interest per annum from the date of the completion of the work, if not paid by the owner prior thereto, shall be charged to such owner by the Town, and such charge shall become due and payable by said owner or person at the time of the rendering of such bill.
In the event that the amount owed is not paid within 20 days upon presentation to the owner, the costs incurred by the Town, plus interest, shall constitute a lien on the property and be added to the next property tax bill.