For the purpose of this chapter, the following words, phrases
and terms and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future; words used in the plural number include
the singular; words used in the singular number include the plural;
and words in the masculine include the feminine and the neuter. The
word "shall" is always mandatory and not merely directory.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The sale of tangible personal property from residential premises
entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn
sale," "attic sale," "basement sale," "rummage sale," "flea market"
or any similar casual or occasional sale advertised to the public
at large as such.
Putrescible animal and vegetable wastes resulting from handling,
preparation, cooking and consumption of food.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, paper, booklet or any other printed or otherwise
reproduced original or copies of any matter of literature.
Any person, corporation, firm, partnership, agency, association
that rents, bails, leases or contracts for the use of one or more
vehicles and has the exclusive use thereof for any period of time.
Any person, corporation, firm, partnership, agency, association
or organization engaged in the business of renting or leasing vehicles
to any lessee or bailee under a rental agreement, lease or otherwise,
wherein the lessee or bailee has the exclusive use of the vehicle
for any period of time.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger of public health, safety and welfare or tends
to create blight.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, includes any periodical
or current magazine regularly published with not less than four issues
per year and sold to the public.
Any person, corporation, partnership, firm, agency, association,
lessee, or organization which at the time of the notice of violation
is issued pursuant to this chapter in which a vehicle is operated:
Is the beneficial or equitable owner of such vehicle; or
Has title to such vehicle; or
Is the registrant or co-registrant of such vehicle which is
registered with the Department of Motor Vehicles of this state or
any other state, territory, district, province, nation or other jurisdiction;
or
Uses such vehicle in its vehicle renting and/or leasing business.
A park, reservation, playground, beach, recreation center
or any other public area in the Town owned or operated by the Town
and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any house, building or other structure not owned or operated
by the Town, whether inhabited or temporarily or continuously inhabited
or vacant, including any yard, around parking lot, walk, driveway,
porch steps, vestibule or mailbox belonging or appurtenant to such
house, building or other structure.
A storage and collection container for the storage of litter
or rubbish or for the collection of reusable or recyclable household
items, such as clothing or shoes, constructed of steel, aluminum or
rigid plastic, with or without a heavy duty plastic liner or sack
structured and placed so that the exit and entrance of rodents or
other animals is prevented; they can be easily cleaned; they will
not break or burst when lifted; they are easily unloaded; and they
are sufficient integrity to confine such litter or recyclables between
the regular collections thereof. On its own initiative, or at the
request of any person, firm or corporation, the Town Board may approve
as fit and suitable for such purposes any such container. The term
"private receptacle" shall include within its meaning those containers
commonly known as "dumpsters" or any other container when used to
accumulate or store refuse or trash.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, beaches, squares, spaces,
grounds and buildings.
Images recorded on photographs, microphotographs, videotape,
electronic or digital images, or any other medium, showing the front
or rear of a vehicle, clearly identifying the registration plate number
of the vehicle.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street cleanings and solid market and industrial
wastes.
A single- or multiple-family dwelling unit used for residential
purposes which is not located in an area of the Town zoned for commercial,
industrial, business, manufacturing or mercantile uses.
Nonputrescible sold wastes consisting of both combustible
and noncombustible wastes, such as, but not limited to, paper wrappings,
cardboard, tin cans, wood, glass, bedding and crockery.
The Town of Somers.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power.
A.Â
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within the Town except in public receptacles
or in authorized private receptacles designated for the deposit of
such litter, or in an official Town dump.
B.Â
Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such a manner as to prevent it from being
carried or deposited by the elements, upon any street, sidewalk or
other public place or upon private property.
C.Â
No person shall sweep into or deposit in any gutter, street or other
public place within the Town the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway.
D.Â
Persons owning or occupying property shall keep the area or sidewalk
in front of their premises free of litter.
No person shall throw or deposit litter from any vehicle upon
any street or other public place within the Town or upon private property.
A.Â
No person shall throw or deposit litter in any park or beach within
the Town except in public receptacles and in such manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park or private place. Where public receptacles
are not provided, all such litter shall be carried away from the park
or beach by the person responsible for its presence and properly disposed
of elsewhere, as provided herein.
B.Â
No person shall throw or deposit litter in any pond, river, stream
or other body of water within the Town.
A.Â
No person shall throw or deposit litter on any private property within
the Town, whether owned by such person or not and whether occupied
or vacant, except that the owner or person in control of private property
may maintain authorized private receptacles for collection in such
a manner that litter will be prevented from being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
B.Â
Any owner or person in control of premises upon which litter shall
be found shall, upon being ordered to do so by the Building Inspector
of the Town of Somers or an Assistant Building Inspector of the Town
of Somers, remove the same from the premises within 72 hours of having
been so ordered. Any such order which is sent to any person within
the State of New York by mail shall be presumed to have been received
within two business days from the date of mailing. Any such order
which is sent to any person outside of New York State by mail shall
be presumed to have been received within four business days from the
date of mailing.
A.Â
In public places. No person shall throw or deposit any handbill in
or upon any sidewalk, street or other public place within the Town.
No person shall hand out or distribute any handbill in any public
place except to persons willing to accept it.
B.Â
On vehicles. No person shall throw or deposit any handbill in or
upon any vehicle; except it shall not be unlawful in any public place
for a person to hand out or distribute a handbill to any occupant
of a vehicle who is willing to accept it.
C.Â
On private property. No person shall throw or deposit any handbill
in or upon any private premises which are:
(1)Â
Temporarily or continuously uninhabited or vacant.
(2)Â
Posted with a sign, placed in a conspicuous position near the entrance
thereof, bearing the words "No Peddlers or Agents," "No Advertisements"
or words of similar import indicating the desire of the occupants
not to have such handbills left upon such premises, or where an occupant
expressly directs the person not to throw, deposit or distribute the
handbill on the premises.
(3)Â
Inhabited, but not posted or subject to an express warning by an
occupant except by handling or transmitting any such handbill directly
to an occupant, unless he places or deposits any such handbill so
as to secure or prevent it from being blown or drifted about the premises
or sidewalks, streets or other public ways.
D.Â
The provisions of this section shall not apply to the distribution
of mail by the United States Postal Service nor to newspapers (as
defined herein), except that newspapers shall be placed on private
property in such a manner as to prevent them being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
[Amended 7-11-2019 by L.L. No. 3-2019]
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, utility pole or tree or upon any public structure or building, except as may be authorized or required by law. Unauthorized temporary signs placed on Town property or within Town or New York State rights-of-way shall be deemed littering and, in addition to the penalties set forth in § 118-9, such unauthorized temporary signs may be removed by Town employees and disposed of accordingly.
A.Â
Any person committing an offense against any of the provisions of
this chapter shall be punished, upon conviction, by a fine not exceeding
$1,000 a day or by imprisonment not exceeding 15 days, or by both
such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
B.Â
It shall be the duty of the duly appointed Building Inspector and
his agents, as well as the Town Police Department, to enforce the
provisions of this chapter.
