[HISTORY: Adopted by the Board of Trustees of the Village
of Briarcliff Manor 9-24-2019 by L.L. No. 3-2019. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Briarcliff
Manor Littering and Handbills Law."
A. The word "shall" as used throughout this chapter is always mandatory
and is not merely directory or discretionary.
B. Unless otherwise provided in this chapter or unless another meaning
is plainly intended, the following definitions apply:
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper, picture, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature
which:
(1)
Advertises for sale, rent, lease or use any merchandise, product,
services, commodity or thing;
(2)
Directs attention to any website, business or mercantile or
commercial establishment or other activity, for the purpose of either
directly or indirectly promoting the interest thereof by sales;
(3)
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind, for which an admission fee is charged
for the purpose of private gain or profit; but the terms of this subsection
shall not apply where an admission fee is charged or a collection
is taken up for the purpose of defraying the expenses incident to
such meeting, theatrical performance, exhibition or event of any kind,
when it is held, given or takes place in connection with the dissemination
of information which is not restricted under the ordinary rules of
decency, good morals, public peace, safety and good order. However,
nothing contained in this subsection shall be deemed to authorize
the holding, giving or taking place of any meeting, theatrical performance,
exhibition or event of any kind, without a license, where such license
is or may be required by any law of this state or by any law of this
Village; or
(4)
While containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
HOUSEHOLD GARBAGE
Kitchen refuse, table cleanings, decaying fruit or vegetable
matter, household refuse, or any other litter generated from a private
property or typical household use.
LITTER
Garbage, refuse, rubbish, organic yard waste, recyclable
materials, and all other waste material which, if thrown or deposited
as herein prohibited, tends to create a danger to public health, safety
and welfare or tends to create an unsightly condition.
NEWSPAPER
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, shall mean and
include any periodical or current magazine regularly published, with
no fewer than four issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, newspaper, magazine, paper, picture, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a "commercial handbill" or "newspaper" with the exception of political
or religious materials or other materials protected by law as may
be amended from time to time.
ORGANIC YARD WASTE
Grass clippings, flowers, leaves, weeds, brush, branches,
fruit, twigs and natural holiday trees, wreaths, decorations and ornaments.
PRIVATE PREMISES
Any dwelling, house, building or any other structure, whether
inhabited or temporarily or continuously uninhabited or vacant, and
shall include any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other
public ways including easement areas and rights-of-way, and any and
all public parks, squares, spaces, grounds and buildings.
RECYCLABLE MATERIAL
Any material suitable for recycling, as per the published
list provided by the Village Department of Public Works, as same may
be amended from time to time.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Village, except in public
receptacles, or in authorized private receptacles for collection.
Persons placing litter and recyclable materials in designated
public receptacles or in authorized private receptacles shall do so
in such a manner as to: a) avoid commingling recyclable and nonrecyclable
materials; and b) prevent all materials from being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property. Household garbage or office refuse shall not
be deposited in public receptacles and must be placed in authorized
private receptacles for disposal.
No person shall sweep, blow or deposit into any gutter, street,
sidewalk, catch basin, sewer, stormwater drainage facility or other
public place, brook, stream, pond or watercourse within the Village
any litter or any refuse from any building or lot or from any public
or private sidewalk or driveway. Persons owning or occupying property
shall keep the sidewalk in front of their premises free of litter.
For the purpose of this section, the term "street" shall include the
entire Village right-of-way, or the entirety of any private street
or common driveway adjacent to or within the owner's property.
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the Village, the accumulation of litter from any building or lot or
from any public or private sidewalk or driveway. Persons owning or
occupying places of business within the Village shall keep the sidewalk
in front of or adjacent to their business premises free of litter.
No person, while a driver or passenger in a vehicle, bicycle,
scooter, or similar conveyance, shall throw or deposit litter upon
any street or other public place or upon private property within the
Village.
No person shall drive or move any truck or other vehicle within
the Village unless such vehicle is constructed, loaded or covered
in accordance with all applicable laws and regulations so as to prevent
any load, contents or litter from being blown or deposited upon any
street, alley or other public place, nor shall any person drive or
move any vehicle or truck within the Village, the wheels or tires
of which carry onto or deposit in any street, alley or other public
place mud, dirt, sticky substances, litter or foreign matter of any
kind.
No person shall throw or deposit litter in any park within the Village
except in public receptacles and in such a manner that: a) avoids
commingling recyclable and nonrecyclable materials; and b) prevents
litter from being carried or deposited by the elements upon any part
of the park or upon any street or other public place. Where public
receptacles are not provided, all such litter shall be carried away
from the park by the person responsible for its presence and be properly
disposed of elsewhere.
No person shall throw or deposit litter in any fountain, pond,
lake, river, stream, wetlands including legal setbacks, or any other
body of water within the Village.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Village, nor shall any person hand out or distribute or sell any
commercial handbill in any public place. Nevertheless, it shall not
be unlawful on any sidewalk, street or other public place within the
Village for any person to hand out or distribute, without charge to
the receiver thereof, any noncommercial handbill to any person willing
to accept it.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle. However, it shall not be unlawful
in any public place for a person to hand out or distribute, without
charge to the receiver thereof, a noncommercial handbill to any occupant
of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises: i) if requested by anyone thereon not to do so; ii) if the residence has been placed on the Village "do not solicit" list as per Chapter
157; or iii) if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: "no trespassing," "no peddlers or agents," "no advertisement" or any similar notice, indicating in any matter that the occupants of said premises do not desire to be interrupted or have their right of privacy disturbed or to have any such handbills left upon such premises.
A. No person shall enter upon any private premises in the Village of
Briarcliff Manor for the purpose of distributing any advertising matter,
commercial handbills or commercial printed matter without the consent
of the occupant of said premises previously given. No person shall
throw, deposit or distribute any commercial or noncommercial handbill
in or upon private premises, except by handing or transmitting any
such handbill directly to the owner, occupant or other person then
present in or upon such private premises.
B. The provisions of this section shall not apply to the distribution
of mail by the United States, or to mail or other parcels delivered
by recognized commercial carriers, delivery services or retailers,
or to newspapers as defined herein, provided that delivery of such
newspapers has been requested by the owner or occupant of said premises
and that newspapers shall be placed on private property in such a
manner as to prevent their being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private property.
No person in an aircraft shall throw out, drop or deposit within
the Village any litter, handbill or any other object.
No person other than a duly authorized official or employee of the Village shall post, attach or display any sign, notice, placard, poster or other advertising medium to or upon or over any building, sidewalk, tree, stone, fence, wall, pole, railing, mailbox, or other object in, along, upon or over any street, park or other public place in the Village, except as may otherwise be permitted under Chapter
172 of this Code or other published law.
No person shall throw or deposit litter on any occupied private
property within the Village, whether owned by such person or not,
except that the owner or person in control of private property shall
maintain authorized private receptacle 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 any
private property.
No person, including the property owner, shall throw or deposit
litter on any open or vacant private property within the Village.
This chapter may be enforced by authorized employees of the
Village, including, but not limited to, the Village Manager, the Building
Inspector, the Superintendent of Public Works, the Superintendent
of Parks and Recreation, the Fire Chief, and their respective designees,
any duly appointed Code Enforcement Officers, and any member of the
Police Department of the Village of Briarcliff Manor.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York. Anyone so convicted shall
reimburse the Village for any costs related to the remediation of
such offense, and shall be punished, in the sole discretion of the
court, by a fine of not less than $200 nor more than $500 and/or a
requirement to perform community service for the Village, a public
or not-for-profit corporation, association, institution or agency
for not more than eight hours. Each subsequent violation within a
twelve-month period from the first such violation shall upon conviction
be punishable in the sole discretion of the court by a fine not to
exceed $1,000 and/or a requirement to perform community service for
the Village, a public or not-for-profit corporation, association,
institution or agency for not more than 24 hours.