[Adopted 9-1-2015 by L.L.
No. 1-2015]
A.
No person shall throw, deposit or place, or cause to be thrown, deposited
or placed, any specified item upon the lawn, driveways, grade-level
exterior walkways, or otherwise upon the ground or grounds of any
residence or residential parcel of land without the intent to promptly
retrieve or recover possession of such item; provided, however, that
such person may securely place any such specified item upon, within,
or affixed to any structure upon or attached to such residence or
residential parcel, including any porch, steps, awning, doorway, vestibule,
fixture or other attached structural element, or within a receptacle
in contact with such structure, or otherwise secure such specified
item in place in contact with such structure, so that it is affixed,
confined, or held in place in such a manner as to prevent such specified
item from being deposited either directly or by natural elements upon
the lawn, driveways, grade-level exterior walkways, or otherwise upon
the ground or grounds of such residential parcel or other private
or public lands, or upon or within any water body, within the Town
of Copake.
B.
Any person who throws, deposits or places, or causes to be thrown,
deposited or placed, any specified item upon or within any residential
parcel of land, such that the specified item is subsequently deposited
as a result of natural elements, including wind or water, upon the
lawn, driveways, grade-level exterior walkways, or otherwise upon
the ground or grounds of such residence or residential parcel of land
or upon other private or public lands or upon or within any water
body, shall be deemed to have caused such item to have been deposited
upon the lawn, driveways, grade-level exterior walkways, or otherwise
upon the ground or grounds of such residence or residential parcel
of land or other private or public lands or upon or within such water
body.
C.
No person shall throw, deposit or place, or cause to be thrown, deposited
or placed, any specified item within or upon any water body, or upon
the lawn, driveways, exterior walkways, or otherwise upon the ground
or grounds of any public land nor deposit or place, or cause to be
deposited or placed, any specified item upon or within such public
land or any structure thereon, such that the specified item is subsequently
deposited as a result of natural elements, including wind or water,
upon the lawn, driveways, exterior walkways, or otherwise upon the
ground or grounds of any public or residential land, or upon or within
any water body, within the Town of Copake.
Any person, corporation, organization, or entity of any kind
in whose behalf or for the purposes of which any agent, including
an employee or contractor of such person, corporation, organization,
or entity, commits any act in violation of this article, shall be
guilty of the violation resulting from the act of such agent, and
it shall not be necessary to charge such agent with a violation in
order to charge and convict such person, corporation, organization,
or entity with such violation.
In any prosecution under this article the presence within or upon any water body, or upon any lawn, driveway, walkway, or otherwise upon the ground or grounds of any parcel or lands as set out in §§ 194-7 and 194-8 of this article, of any specified item bearing evidence of having been in the prior possession of, or been prepared, assembled, printed, or manufactured by or on behalf of any person, corporation, organization, or entity, shall be presumptive evidence that said specified item was thrown, deposited or placed, or caused to be thrown, deposited or placed within or upon such water body or upon such lawn, driveway, walkway, or otherwise upon such ground or grounds by such person, corporation, organization, or entity.
For purposes of this article, a "specified item" is defined
as any flyer, letter, card, brochure, leaflet, paper, magazine, newspaper,
or other similar object consisting of one or more pages or sheets
of paper, newsprint, cardboard, plastic, laminate, or other material,
whether or not contained in a wrapper. A lawn sign affixed to the
ground shall not be deemed a prohibited item.
Any person, corporation, organization, or entity who violates, in aggregate, Subsections A, B or C of § 194-7 or § 194-8 of this article in relation to five or more residences or residential parcels or five specified items within or upon any body of water or upon public lands within a twenty-four-hour period shall be guilty of a violation punishable by a fine of $500, and each additional violation of Subsections A, B or C of § 194-7 or § 194-8 of this article in excess of five within such twenty-four-hour period shall be an additional and separate violation, each of which shall be punishable by a fine of not more than $250.
