The Town of Rye Police Department is hereby directed to enforce
the Litter Control Law (RSA 163-B) against any person who throws,
casts, drops, places, or otherwise deposits or who causes the throwing,
casting, dropping, placement or deposit of pet waste and/or waste
bag, circulars, handbills, dodgers, newspapers, paper, booklets, posters,
other printed matter or advertising literature:
A. On streets
and other ways, Town parks, public beaches and other Town property
without the consent of the Board of Selectmen; or
B. On any privately
owned yard, grounds, porch, vestibule, doorstep or common hallway
without the consent of the property owner or tenant in lawful possession.
It shall be the duty of each person who owns, possesses or controls
a dog to immediately remove and dispose of any feces left by his/her
dog. Pet waste and/or pet waste bags shall not be temporarily placed
on public or private property without the owner's consent.
For all applications of this chapter, it shall be presumed that
the deposit of such material is without the consent of the property
owner or tenant in lawful possession, and the burden shall be on the
person(s) depositing such material or causing the deposit of such
material to produce evidence of consent.
The following shall be exempt from the provisions of this chapter:
A. Circulars, newspapers, bulletins or other printed matter to which
an occupant of private property subscribes.
B. Printed matter of any type which is affixed to a door or doorway
in a lawful manner.
C. Pet waste and/or pet waste bag or printed material placed in a receptacle
or container in accordance with RSA 163-B:3, II. (Such litter is placed
into a litter receptacle or container installed on such property.)
The provisions of this chapter are severable. If any provision
herein is determined to be unlawful by a court of competent jurisdiction,
the remaining provisions shall remain in effect.
This chapter shall take effect 30 days after passage.