[HISTORY: Adopted by the Town Board of the Town of New Windsor 6-18-1975 by L.L. No. 4-1975 (Ch. 25 of the 1972 Code). Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- AUTHORIZED PRIVATE RECEPTACLE
- A container commercially manufactured for the purpose of holding litter, not exceeding four cubic feet in volume or 30 gallons' capacity in size, having a tight-fitting cover and a maximum weight of 75 pounds and equipped with suitable handles. Heavy-duty plastic bags may be used for all litter, provided that such bags are securely tied at the top and are not overfilled and not torn or ripped or otherwise not capable of being lifted and placed in a refuse truck. Maximum size bags for litter shall not exceed 30 gallons' capacity.
- CODE ENFORCEMENT OFFICER
- A Town of New Windsor employee holding the position of Building Inspector, Assistant Building Inspector, Zoning Inspector, Assistant Zoning Inspector, Fire Inspector or Assistant Fire Inspector.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any waste matter capable or incapable of fermentation or decay, which is not contained in a waste receptacle, garbage can or dumpster.
- A park, playground or any other public area in the Town owned or used by the Town and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including 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, and any and all public parks, squares, grounds and buildings, and any and all shopping centers and their parking lots and surrounding grounds.
- All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as yard clippings, leaves, wood, rocks, stones, glass, bedding, crockery and similar materials.
- The incorporated areas in the Town of New Windsor.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Town except in public receptacles, in authorized private receptacles for collection or in official Town rubbish pits.
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.
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, driveway or parking area. Persons owning or occupying property shall keep the parking areas and sidewalks in front of and around their premises free of litter.
No person owning or occupying a place of business 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, driveway or parking area. Persons owning or occupying places of business within the Town shall keep the sidewalks and parking areas in front of and around their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street, easement or Town right-of-way or other public place within the Town, or upon private property.
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded 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 Town, 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 Town except in public receptacles and then in such a manner that the litter will be prevented 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 properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the Town.
No person in an aircraft shall throw out, drop or deposit within the Town any litter, handbill or any other object.
No person shall throw or deposit litter on any occupied private property within the Town, whether owned by such person or not, 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 any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Town, whether owned by such person or not.
Notice to remove. A tidy and clean town being in the interest of the public health and welfare, the Code Enforcement Officer is hereby authorized and empowered to notify the owner of any open or vacant private property within the Town, or the agent of such owner, to properly dispose of litter located on such owner's property. Such notice shall be by personal service or certified mail and addressed to such owner at his last known address according to the Town Assessor's records. For purposes of this section, open or vacant private property includes parking areas which belong to or form a part of any commercial establishment, shopping center, industry, factory, office building or garage situated within the Town.
Action upon noncompliance. Upon the failure of any owner or agent so notified to properly dispose of litter within three days after receipt of written notice, the Code Enforcement Officer shall notify the Town Supervisor. The Town Supervisor is hereby authorized to utilize Town employees and equipment or pay for the removal and disposing of such litter at the property owner's expense.
Charge included in tax bill. When the Town has effected the removal of such litter or has paid for its removal, the actual cost, if not paid by the owner, shall be charged to the owner of the property on the next regular tax bill forwarded to the owner by the Town, and the charge shall be due and payable by the owner at the time of payment of such bill.
No person, firm, association or corporation shall throw, cast, lay, bury or leave or direct, suffer or permit any servant, agent or employee to throw, cast, lay, bury or leave any ashes, offal, dead animals, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth, broken glassware, crockery, bottles, metal or any other refuse or rubbish of any kind whatsoever, or abandoned vehicles of any kind, in or upon any vacant lot or plot, except where noncombustible material, ashes or dirt may be used for filling purposes under a permit secured from the department or bureau having jurisdiction thereof, or in or upon any street or road in the Town of New Windsor.
Any person or persons, association or corporation committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
Each day such violation continues, or is permitted to continue, shall constitute a separate violation punishable as herein provided.
It shall be the duty of the Code Enforcement Officer and police officers of the Town to enforce compliance with this chapter.
This chapter shall take precedence over any other local laws, ordinances or parts of ordinances or local laws theretofore adopted which are in any way inconsistent with or in conflict with this chapter.