[Adopted 4-26-2016 by G.O. No.
3-2016[1]]
The purpose of this article is to ensure that the public parks,
playgrounds, and property of the City of Yonkers are free from any
obstructions by any item of personal property or litter in order to
protect public ingress, egress and overall order in the use of the
City's parks, playground and property and their appearance and
to promote public safety.
As used in this article, the following terms shall have the
meanings indicated:
This term shall include all items generally referred to as
such including but not limited to clothing, chairs, umbrellas, sporting
equipment, books, radios, CD players, food, towels, blankets, as well
as any litter, trash, garbage or rubbish or similar items or materials.
A.
It shall be unlawful for any person to leave an item of personal
property or litter unattended on any portion of a City park, playground
or public property in the City of Yonkers, unless otherwise permitted
by this article.
B.
Any item of personal property or litter left in or on any portion
of a public park, playground or public property shall be deemed discarded
by the owner and shall become the property of the City of Yonkers,
which may dispose of the item.
C.
Unattended items of personal property or litter in violation of this
article shall be removed from the park, playground or public property
by City of Yonkers personnel or law enforcement officers.
D.
Any item of personal property brought into or litter left in a park
or playground or onto public property must be taken out by the person
who brought the item into the park, playground or public property.
Any holes dug in the park, playground or public property must be refilled
prior to leaving.
E.
Unattended or abandoned items of personal property or litter and
unattended unfilled holes in the park, playground or public property
are in violation of this article and a public nuisance.
F.
In any prosecution or civil action, it shall be a rebuttable presumption
that the personal property or litter left in the public park, playground
or public property was intentionally left and/or unattended by the
owner or his/her/its agent.
The prohibitions contained herein do not apply to the following:
A.
Trash containers.
B.
Signs placed by the City of Yonkers or another governmental agency.
C.
Items placed in the park, playground or public property under authority
of the Commissioner of Parks, Conservation and Recreation or other
governmental agency.
D.
Structures permitted by the City of Yonkers.
Notice of this article shall be posted at a sign located at
the entry of every park, playground and public property of the City
of Yonkers.
All items collected for being in violation of this article shall
be taken and disposed of by the Department of Public Works. The Yonkers
Department of Parks, Recreation and Conservation shall maintain a
record of any items that are not litter, trash, garbage or rubbish
delivered pursuant to this article.
A violation of any provision of this article shall be a Class
III offense.