[HISTORY: Adopted by the Town Board of the Town of Riverhead
as indicated in article histories. Amendments noted where applicable.]
[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.
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.
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]
Any premises on which are located two or more separate office/service
uses.
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.
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.
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.
A.Â
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.
B.Â
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.
[Amended 1-20-2010 by L.L. No. 1-2010; 9-7-2022 by L.L. No. 15-2022]
B.Â
Any violation of §§ 245-7 and 245-8 of this article shall be deemed an offense punishable by a penalty of not less than $1,000, nor more than $1,500 for the first offense within a period of 18 months; by a penalty of not less than $1,500, nor more than $2,500 for the second offense; and by a penalty of not less than $2,500 nor more than $3,500 for a third and 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:
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.
A.Â
No person within the Town of Riverhead shall deface any property
with graffiti.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
No person under the age of 18 years shall purchase or attempt to
purchase an aerosol paint can or broad-tip marker.
C.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
