[Adopted 10-10-2001 by L.L. No. 3-2001]
This article is titled "A local law prohibiting the throwing,
distributing or depositing of garbage, refuse, rubbish, litter or
any nauseous or offensive matter upon any highway, street, road, right-of-way,
vehicle, park or other public place or on private property within
the Town owned by another person."
As used in this article, the following terms shall have the
meanings indicated:
GARBAGE
Waste resulting from the handling, preparation, cooking and/or
consumption of food.
LITTER
Garbage, refuse and rubbish, as defined herein, and/or all
other waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to the public health, safety and welfare.
PARK
A public park, reservation, playground, recreation center
or any other public area in the Town devoted to active or passive
recreation.
PERSON
Any natural person or any firm, partnership, association,
corporation, company or organization of any kind.
PRIVATE PROPERTY
Any privately owned lands, parking lot, dwelling, housing,
building or other structure, designed or used either wholly or in
part for private purpose, whether inhabited or temporarily or continuously
uninhabited, unused or vacant, and shall include any acreage, 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 highways, streets, roads, sidewalks, boulevards,
alleys or other public ways, streets, roadways, rights-of-way and
any and all public parks, spaces, grounds, buildings and parking lots.
REFUSE
All putrescible and nonputrescible solid wastes, including
but not limited to garbage, rubbish, street cleanings, dead animals,
animal waste and/or solid, market and/or industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of combustible and/or
of noncombustible wastes and shall include but shall not be limited
to paper, wrappings, cigarettes, grass clippings, lawn and yard debris,
cardboard, metal cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials.
TOWN
The Town of Cochecton.
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 rails or tracks.
No person shall throw, distribute or deposit garbage, refuse,
rubbish, litter or any nauseous or offensive matter upon any highway,
street, road, right-of-way, vehicle, park or other public place within
the Town or upon any private property within the Town owned by another
person, 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 highway, street, road, right-of-way,
vehicle, park or other public place or upon any private property within
the Town owned by another person. Where public receptacles are not
provided, all such litter shall be carried away from the park or public
place by the person responsible for its presence and properly disposed
in a manner not inconsistent with this article.
Any person violating any of the provisions of this article shall
be deemed guilty of an offense and, upon conviction thereof, shall
be fined in an amount not exceeding $300. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
The Town Board does hereby establish an article prohibiting
the throwing, distributing or depositing of garbage, refuse, rubbish,
litter or any nauseous or offensive matter upon any highway, street,
road, right-of-way, vehicle, park or other public place within the
Town or upon private property within the Town owned by another person.