[Adopted 1-29-1975 by L.L. No. 1-1975 (Ch.
25A of the 1972 Code)]
This article shall be known and may be cited
as the "Litter Control Local Law."
A clean, wholesome, attractive environment is
declared to be of importance to the health, safety and welfare of
the inhabitants of the Town, the safeguarding of their material rights
against unwarrantable invasion, the protection, preservation or maintenance
of property values and to minimize nuisances, as well as to protect
against health hazards.
For the purposes of this article, the following
terms shall have the meanings indicated:
Relinquishment of any item of personal property and/or litter
with the intention of not reclaiming it or resuming its ownership
or enjoyment; and this intent shall be presumed at the expiration
of 48 consecutive hours from the time of abandonment.
Includes:
Garbage, refuse, trash or rubbish or any nauseous
or offensive matter. The term "garbage" means waste animal or vegetable
matter, such as material from a kitchen, store, delicatessen, restaurant,
food stand, etc.
All waste materials customarily handled or collected
by refuse collectors or junk dealers.
Items known as "junk," regardless of size, discarded
or abandoned by reason of obsolescence, age or state of repair or
intended to be discharged, abandoned or junked, including but not
limited to discarded household furnishings or appliances, crates,
boxes, cartons, building materials, vehicles, machines, farm equipment,
parts of vehicles or machines or equipment.
Signs, handbills, discarded reading material,
newspapers, magazines or similar paper goods.
Cans, bottles, containers, boxes, cartons or
wrappers, with or without contents.
The term "litter" shall not include:
Equipment in actual use by the owner of property
for farming, gardening, construction or improvements on the property
site.
Vehicles carrying current registration plates,
unless abandoned by the owner thereof for 48 hours or more.
Firewood or construction material, reserved
and stored upon the premises for future use upon said premises, except
that the same must be stored and stacked in an orderly fashion and
be free from debris not intended or designed to be used in such future
construction.[1]
Contractors' supplies or materials stored on
the premises during periods of construction for which a building permit
has been issued, and prior to the issuance of a certificate of occupancy.
Recreation equipment in actual use by the owner
of the property and his family, or his tenants.
Includes an individual, partnership, corporation or other
legal entity, or association, organization or company.
Includes "throwing" from a vehicle of any type, an aircraft
or boat.
The Town of Carmel, New York.
No person shall throw, deposit or abandon litter
on any property within the Town, whether public or private, and whether
or not owned by such person; nor shall any property owner use his
land for the dumping of litter or permit dumping or the accumulation
of litter on his property by others, except that the owner or person
in control of private property shall maintain private receptacles
for the collection of litter in such a manner that litter will not
be carried or deposited by the elements upon the yard, yards or premises
of others, or upon the streets, roads and highways, or public place
or places.
Litter not contained in receptacles as aforesaid
shall not be stored or piled on land within the Town, except to facilitate
delivery to the vehicle of a refuse collector, salvage dealer, licensed
junk dealer, or a person, firm or charitable organization customarily
engaged in the removal, purchase, collection or salvage of discarded
articles, and in such case shall not be so stored in anticipation
of such collection for a period in excess of 48 hours.
No person shall throw, deposit or abandon litter
upon any open or vacant property within the Town, regardless of the
ownership thereof.
No person shall throw, deposit or abandon litter
in or upon any street, highway, walk, park, parking area or other
public place within the Town, except in public receptacles; provided,
however, that no litter defined as "garbage" shall at any time be
thrown or deposited in public receptacles, unless such receptacles
are specifically designated and marked for the reception of garbage.
No person owning or operating a place of business
shall sweep or deposit litter from any building or lot in or into
any street or public parking area, and the frontage of such business
properties along streets, public parking areas or access drives leading
to parking areas shall be kept free of litter.
No person shall throw, deposit or abandon any
litter or foreign matter of any kind whatsoever in any fountain, pool,
pond, lake, stream, culvert, reservoir or its tributaries or watershed
or any body of water in a park or elsewhere within the Town, except
that this provision shall not prohibit the authorized treatment and
control of pools or reservoirs to control or regulate water purity
or aquatic vegetation by persons or corporations having all required
permits issued by state, county, Town or watershed authorities having
jurisdiction over such treatment, or such permits.
Signs or posters advertising an event shall
be removed by the persons or organizations responsible for the erection
or affixing of such signs or posters within 10 days after the happening
of the advertised event.
The prohibitions contained herein against the
deposit of litter shall include activities known as "dumping," the
maintenance of dumps for any purpose, including landfill operations,
or the use of any property in the Town as a dumping ground for the
benefit of the owner or any other person.
A.
Each and every violation of this article shall constitute
and shall be a violation as defined in Article 10, § 10, Subdivision
3, of the Penal Law of the State of New York and shall, for a first
conviction thereof, be punished by a fine of $100 and 10 hours of
community service picking up litter within the Town of Carmel; for
a second such conviction within 10 years, such person shall be punished
by a fine of $250 and 25 hours of community service picking up litter
within the Town of Carmel; upon a third or subsequent conviction within
10 years, such person shall be punished by a fine of $1,000 and 40
hours of community service picking up litter within the Town of Carmel.
[Amended 6-13-1979 by L.L. No. 7-1979; 5-22-1985; 11-1-2006 by L.L. No. 7-2006; 7-16-2008 by L.L. No. 4-2008]
B.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of such article.
