[HISTORY: Adopted by the Town Board of the Town of Riverhead as indicated in article histories. Amendments noted where applicable.]
Article I Littering
Article II Graffiti
[Adopted 5-2-1989 by L.L. No. 1-1989 (Ch. 98 of the 1976 Code)]
It is hereby declared and found that litter carelessly deposited in the Town of Riverhead is the cause of civic disgrace; that litter is a health, fire and safety hazard; that an all-out litter control campaign can result in substantial savings to taxpayers of the Town of Riverhead; 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 public health, safety and general welfare of the people of the Town of Riverhead.
The following terms used in this article shall have the following meanings:
- A written or printed notice displayed, handed out or posted to inform those concerned of something to be done or some event.
- LANDSCAPED AREAS
- Any area on or about the premises described herein, including parking lot islands, which is used for the placement of landscaping, such as shrubbery, trees, grass and flowers.
- LITTER/PAPER; WASTE/RUBBISH
- All waste material of any nature whatsoever, including but
not limited to paper and plastic bags, paper and plastic cups, pet
wastes, foodstuffs, food wrappings, cigar and cigarette butts, newspapers,
advertisements, flyers, handbills, cans, bottles or glass, which tends
to create a danger to public health, safety and welfare and/or which
creates an unsightly condition, whether or not the waste material
was generated by the owner of the property, by a lessee of the owner
or a customer of the owner of lessee.[Amended 11-21-2017 by L.L. No. 23-2017]
- OFFICE COMPLEX
- Any premises on which are located two or more separate office/service uses.
- PARKING AREA
- The area, paved or unpaved, surrounding any premises described herein which is held out for use by the patrons of such premises for the parking of vehicles; the area surrounding any premises described herein which is used for loading and unloading and/or for the storage of trash bins, refuse containers or dumpsters.
- A premises on which food and beverages, including alcoholic beverages, are prepared and offered for sale to the public for either on-premises or off-premises consumption.
- RETAIL ESTABLISHMENT/COMMERCIAL ESTABLISHMENT
- Any premises on which retail sales or commercial transactions are engaged in with the public, including but not limited to supermarkets, laundromats, dry cleaners, butcher shops, dry goods stores and department stores.
- SHOPPING CENTER/SHOPPING MALL
- Any open or enclosed area containing two or more stores, retail establishments and/or commercial establishments which are open to the public or to which the public by invitation of the proprietors thereof may readily gain access.
No person shall cause litter to be thrown or deposited in or upon public or private property within the Town except in public receptacles, in authorized private or commercial receptacles or in public disposal facilities. Persons placing or removing litter in or from public receptacles or authorized private and commercial receptacles shall do so in such manner as to prevent it from being scattered, carried or deposited upon any street, sidewalk or other public or private property.
Any person owning, occupying or in control of private property shall maintain such property, including the sidewalk in front thereof, free of litter.
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public or private property. This shall include litter thrown from a vehicle. Any litter thrown from a vehicle shall be the responsibility and offense of the driver of said vehicle.
Distribution to vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful on any public property for a person to hand out or distribute, without charge to the receiver thereof, a handbill to any occupant of a vehicle who is willing to accept it.
Distribution or uninhabited or vacant private property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private property which is temporarily or continuously unoccupied or vacant.
Every owner of a shopping center, shopping mall, retail establishment, restaurant, commercial establishment or office complex shall keep the pedestrian walkways, parking areas, landscape and curbsides clean and free of litter, paper waste, rubbish and debris of any nature.
[Amended 6-17-2003 by L.L. No. 7-2003; 12-2-2003 by L.L. No. 24-2003]
All dumpsters shall be fully enclosed by an appropriate screening enclosure of no less than five feet and no more than six feet in height. Said dumpster shall be equipped with a lid and shall be of durable construction. Said lid shall be closed and locked when not physically in use. In addition, the fence enclosure shall meet all of the fence specifications as set forth by the Riverhead Town Architectural Review Board. All enclosures will remain in working condition and must function properly at all times. All dumpsters in use before the effective date of this article shall be in compliance with said specifications set forth within six months of the effective date of this article. Site plan review may be waived if the enclosure meets all requirements set forth by the Architectural Review Board. All application forms shall be received by the Building Department of the Town of Riverhead.
The provisions of this article shall be enforced by the Ordinance Inspector and by the police officers of the Town of Riverhead, who shall be authorized to issue summonses to violators at the site of the violation. If the owner of the property on which the violation exists cannot be personally served at the time of the issuance of the summons, the summons shall be served upon the owner by certified mail, return receipt requested, addressed to the owner or its designated managing agent at the address listed in the property tax rolls as the address of the property owner.
Any violation of §§ 245-7 and 245-8 of this article shall be deemed an offense punishable by a penalty of not less than $250 for the first offense within a period of 18 months; by a penalty of not less than $500 for the second offense; and by a penalty of not less than $1,000 for any succeeding offense within the same eighteen-month period.
[Adopted 9-16-1986 by L.L. No. 1-1986; amended in its entirety 4-2-2002 by L.L. No. 10-2002 (Ch. 63A of the 1976 Code)]
This article shall be known as the "Graffiti and Defacement of Property Law."
The Town Board hereby finds and declares that the increasing incidence of graffiti is becoming a serious problem in the Town of Riverhead and that the unabated proliferation of graffiti is a physical blight upon the landscape of the Town that is destroying the aesthetic qualities of our communities. The Town Board further finds that graffiti is harmful to the public health, peace, safety, and welfare of the residents of the Town of Riverhead and presents an image of a deteriorating community, a community that no longer cares about itself. The Town Board further finds that the defacement of property and the act of causing graffiti is most frequently committed by individuals under the age of 18 years using aerosol spray cans, broad-tipped markers and/or such other implements, and that such implements are usually obtained from retail stores, over the internet or by mail order through underground publications. The Town Board further finds that such individuals rarely have a need for such items, and, where such needs exist, such implements can be provided by a parent or guardian.
As used in this article, the following terms shall have the meanings indicated:
- BROAD-TIP MARKER
- Any felt-tip marker or similar implement which has an applicator surface of greater than 1/4 square inch.
- To mark the face or surface of, disfigure, injure or spoil or otherwise alter the appearance of property without the consent and express permission of the owner or proprietor thereof or, in the case of public property, of the person having charge, custody or control thereof.
- Any inscription, figure, mark or design which is written, etched, scratched, painted, drawn or otherwise applied to property, including the posting or attaching of signs, bills or stickers thereto or the rubbing or placing of filth or excrement thereon.
- Any property, real or personal, private or public, in whatever phase of construction or completion, including but not limited to buildings and appurtenances, dwellings and structures of any kind, as well as the doors, windows, steps, railings, fencing, balconies, stairs, balustrades, porches, halls or walls, or window boxes which are a part thereof, planters, trash disposal containers, bridges, trestles, streets, highways, sound barriers, sidewalks, statues, monuments, utility poles, signs, trees, rocks, passenger or commercial vehicles, or vehicles of mass transit.
No person within the Town of Riverhead shall deface any property with graffiti.
No person shall disfigure, cut, cover or rub with or otherwise place filth or excrement of any kind on any property without the consent and express permission of the owner or proprietor thereof, or, in the case of public property, of the person having charge, custody or control thereof.
No person shall sit on or otherwise deface any property which is not intended for sitting and is located within the Town of Riverhead, including but not limited to planters, trash disposal containers and/or window boxes.
No person within the Town of Riverhead shall possess, under circumstances evincing an intent to violate any provisions of this article, any aerosol paint can or broad-tip marker or any other tool, instrument, article, substance, solution or compound designed or commonly used to deface property with graffiti.
No person within the Town of Riverhead shall sell or offer to sell an aerosol paint can or broad-tip marker to any person under the age of 18 years.
No person under the age of 18 years shall purchase or attempt to purchase an aerosol paint can or broad-tip marker.
No person shall provide or make available to any other person an aerosol paint can or broad-tip marker, if that person knows or has reason to know that said other person intends to violate any section of this article.
All persons within the Town of Riverhead who sell or offer for sale aerosol paint cans or broad-tip markers shall post conspicuous signs, containing all capital lettering not less than two inches in height on a contrasting background, summarizing the prohibitions contained in § 245-16 of this article and further stating UNDER THE PENALTY OF LAW AND CRIMINAL PROSECUTION.
Owners and/or tenants of all property defaced by graffiti shall have the graffiti removed. The Town of Riverhead shall serve a notice upon the owner and tenant to remove all graffiti from the property and restore the surface finish thereof within 14 days of the of service of the notice.
Any person who violates § 245-14A, B or C or 245-15 or 245-16A, B or C of this article shall be guilty of a Class A misdemeanor, punishable by a fine of not more than $2,500 or imprisonment for not more than one year, or both, and shall restore the property to the condition it was in prior to its destruction, damage or defacement or shall agree to and, in fact, provide restitution for the restoration of the property to the condition it was in prior to its destruction, damage or defacement, whichever the court determines is appropriate under the circumstances. The court may suspend any fine or imprisonment by sentencing the person to perform an appropriate and suitable number of hours of community service, which in no case may be less than 40 hours. Additionally, in the event that any person found in violation of this article cannot make restitution due to indigency, that person shall be required to perform not less than 30 hours of community service for each offense. In making this determination, the court shall also consider recommendations made by the victim.
Any person who violates § 245-17 of this article shall be guilty of a violation, punishable by a fine of not more than $250 and for a second or subsequent offense shall be guilty of a Class B misdemeanor punishable by a fine of not more than $500 or imprisonment for six months, or both.
The parent or legal guardian, other than the state or local social services department or foster parent, of any person over the age of 10 and under the age of 18 that violates any section of this article shall be liable for any damages and/or restoration costs that result from any violation of this article where it is determined by the court that the person has failed to, or is financially incapable of, restoring the defaced property as required by Subsection A of this section.