[HISTORY: Adopted by the Town Board of the Town of Frankfort 7-11-1989 by L.L. No. 4-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 49.
[1]
Editor's Note: This local law also repealed former Ch. 52, Littering, which was comprised of Art. I. Dropping From Vehicles, adopted 6-25-1987 by L.L. No. 6-1987, as amended 2-14-1989 by L.L. No. 1-1989.
The following definitions shall apply in the interpretation of this chapter:
AIRCRAFT
Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
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 which:
A. 
Advertises for sale any merchandise, product, commodity or service;
B. 
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. 
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, but the terms of this subsection shall not apply where any admission fee is charged or a collection is taken up for the purpose of defraying the expenses incidental to any meeting, theatrical performance, exhibition or event of any kind.
GARBAGE
Putrescible animal and vegetable waste resulting from either the handling, preparation, cooking or consumption of food.
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. The word "handbill," as utilized throughout this chapter, shall be deemed to include any commercial handbill.
LITTER
Garbage, rubbish, refuse, commercial handbills, handbills and newspapers as such are defined, and including, in addition, building and construction debris and any other matter or material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
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 mails. It is intended that this definition of "newspaper" be given a broad interpretation to cover all local, regional, statewide or national newspapers.
PARK
Any park, playground, recreation center or any other public place in the town owned or used by the town and devoted to active or passive recreation.
PERSON
Any natural person, firm, partnership, association, corporation, company, public utility 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.
PRIVATE PROPERTY
Any privately owned or occupied lands or premises, including property owned or occupied by any public utility.
PRIVATE RECEPTACLE
A litter storage and collection receptacle or system as may be required in the town's regulations as to solid waste disposal and disposal of garbage and trash.
PUBLIC PLACE
Any and all streets, sidewalks, 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.
TAKE-OUT RESTAURANT, LUNCHEONETTE or DELICATESSEN
All retail stores which permit off-premises consumption of food or beverage.
TOWN
The Town of Frankfort, County of Herkimer and State of New York.
VEHICLE
Every vehicle 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 throw or deposit litter in or upon any street, sidewalk or other public place within the town, except in public receptacles or in authorized private receptacles for collection; provided, however, that said public receptacles shall not be used by persons owning or occupying property in the vicinity of said public receptacles for the deposit of domestic, commercial and industrial litter arising from the conduct of said activities.
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.
No person shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the town 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 town shall keep the sidewalk in front of their business premises free of litter.
A. 
It shall be unlawful for any person, firm or corporation to transport in the streets, public ways or alleys of the Town of Frankfort in an open vehicle any litter, substance or material which is subject to being blown, dropped, sifted or leaked or otherwise escaping from said vehicle unless said substance or material is covered by a tarpaulin or other cover in such manner as to prevent said litter, substance or material from being blown, dropped, sifted or leaked or otherwise escaping from said vehicle.
B. 
It shall be unlawful for any person, firm or corporation to allow any litter, substance or material to be blown, dropped, sifted, leaked or to otherwise escape from any vehicle when being transported on the streets, alleys and public ways of the Town of Frankfort.
C. 
It shall be unlawful for any person, firm or corporation to allow any litter, substance or material to be blown, dropped, sifted, leaked or to otherwise escape from any train passing into or through the Town of Frankfort onto the streets, alleys or public ways of the Town of Frankfort.
D. 
No person shall drive or move any vehicle or truck if the wheels or tires carry onto or deposit in any street, alley or other public place any mud, dirt, sticky substances or foreign matter of any kind from any other place than the traveled portion of a public street or alley.
No person shall throw or deposit litter in any park except in public receptacles and in such manner as to prevent such litter 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 litter shall be carried from the park by the person responsible for its presence and shall be properly disposed of elsewhere.
A. 
Sidewalks and other public places. No person shall throw or deposit any handbill or commercial handbill in or upon any sidewalk, street or other public place within the town. This provision shall not be construed as prohibiting the distribution of handbills or commercial handbills to persons willing to accept the same.
B. 
Depositing handbills or commercial handbills on uninhabited or vacant premises. No person shall throw or deposit any handbill or commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
C. 
Distribution of handbills or commercial handbills prohibited where properly posted. No person shall throw, deposit or distribute any handbill or commercial handbill upon any private premises if requested by anyone thereon not to do so or if there is posted on said premises in a conspicuous place near the entrance thereof a sign bearing the words: "no trespassing," "no peddlers or agents," "no advertisement," or any similar notice, indicating in any manner that the occupants of said premises do not desire to have their right of privacy disturbed or to have any such handbills or commercial handbills left upon the premises.
D. 
Distribution of handbills or commercial handbills at inhabited private premises. Handbills or commercial handbills shall be distributed to inhabited private premises which are not posted as provided in this chapter, provided that said handbills or commercial handbills are placed or deposited in such a manner as to secure or prevent such handbills or commercial handbills from being blown or drifted about the premises, sidewalks, streets or other public places, and except to the extent that mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this subsection shall not apply to the distribution of mail by the United States Postal Service nor to newspapers; provided, however, that newspapers shall be placed on private property in such a manner so as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person shall throw or deposit litter on any private property within the town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not prohibit the storage of litter in authorized private receptacles for collection.
Notwithstanding the above, any owner of private property may deposit litter on a private landfill on the owner's property so long as it does not violate the laws, rules or regulations of the State of New York or the Town of Frankfort.
A. 
Notice to remove. The code enforcement officer or his duly designated agent is authorized and empowered to notify the owner of any private premises or vacant land, or the tenant or agent of such owner, to dispose properly of litter located on such owner's property which is dangerous to the public health, safety or welfare. Notice shall be by registered or certified mail, return receipt requested, addressed to said property owner or his agent or tenant at his last known address or served personally upon said owner, tenant or agent.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days from receipt of the written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event that it is returned to the town by the Post Office Department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the code enforcement officer or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the town.
C. 
When the town has effected the removal of dangerous litter or has paid for its removal, the actual cost thereof shall, unless paid by the owner prior thereto, be charged to the owner of the property.
D. 
Where the full amount due the town is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections B and C of this section, then and in that case the enforcement officer shall certify the cost thereof to the Town Tax Collector, who shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien on the property 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. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event that they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the code enforcement officer 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 owner, agent, lessee, tenant, occupant or other person who manages or controls a building or lot shall be jointly or severally responsible for keeping the sidewalk, flagging, curbstone and the air shafts, areaways, backyards, courts, parking lots and alleys free from litter.
It is hereby declared to be a duty of the owner or operator of a takeout restaurant, delicatessen or luncheonette to provide not fewer than one authorized private receptacle for the receipt of trash, litter, paper, napkins, cups and remnants of food and nonfood items at each exit, available to the patrons as they leave the premises. If the owner or operator of the same shall fail to provide such receptacles, he shall be fined, upon conviction, as provided in this chapter.
Any code enforcement officer or building inspector of the Town of Frankfort or any police agency or constable is hereby empowered and authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter.
Any person or persons, association, firm or corporation who shall violate any of the provisions of this chapter shall be guilty of an offense and shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor greater than $1,000, together with the costs of prosecution and for the removal of litter which has been disposed of illegally, or shall be imprisoned for a period not exceeding 60 days, or be both so fined and imprisoned. The violation of each provision of this chapter shall constitute a separate offense and shall be punishable as such hereunder. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Added 9-18-1990 by L.L. No. 6-1990]
A. 
The owner of property is presumed to be any person in whose name the property appears on the town's real property tax assessment records.
B. 
The owner of property is presumed to be the person in management and control of that property.
C. 
Where any refuse that is deposited in violation of this chapter contains material such as mail, documents or the like which specifically identifies a person or address, it shall be presumed that the person so identified is responsible for the illegal placement of said litter.
D. 
Any presumption set forth in Subsections A, B and C above may be rebutted, but the defendant has the burden of rebutting such presumption by preponderance of the competent evidence.