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City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (34) Index
[Adopted 4-26-2016 by G.O. No. 3-2016[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former § 100-64 as § 100-80 and §§ 100-65 through 100-71 as §§ 100-72 through §§ 100-78, respectively.
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:
PERSONAL PROPERTY
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.