[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Editor's Note: This local law also repealed former Ch.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:
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.
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:
Advertises for sale any merchandise, product, commodity or service;
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
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.
Putrescible animal and vegetable waste resulting from either
the handling, preparation, cooking or consumption of food.
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.
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.
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.
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.
Any natural person, firm, partnership, association, corporation,
company, public utility or organization of any kind.
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.
Any privately owned or occupied lands or premises, including
property owned or occupied by any public utility.
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.
Any and all streets, sidewalks, alleys or other public ways
and any and all public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
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.
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.
All retail stores which permit off-premises consumption of
food or beverage.
The Town of Frankfort, County of Herkimer and State of New
York.
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.
No person shall throw or deposit litter in any fountain, lake,
pond, stream, bay or any other body of water.
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 in an aircraft shall throw out, drop or deposit within
the town any litter, handbill, commercial handbill or other object.
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.
No person shall throw or deposit litter on any open or vacant
private property within the town, whether owned by such person or
not.
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.
