[HISTORY: Adopted by the Town Board of the
Town of Bedford 6-18-1968. Amendments noted where applicable.]
A.
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 and enhancement of the community
appearance, the preservation or maintenance of property values, and
to minimize nuisance as well as to protect against health hazards.
For the purposes of this chapter, 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 own ownership
or enjoyment; and intent shall be presumed at the expiration of 48
consecutive hours from the time of abandonment.
Garbage and litter, as defined in this chapter and emanating
from any store, restaurant, bar and grill, fast food establishment,
delicatessen or food stand, except when the same emanates from a purchase
by a patron from such an establishment.
[Added 1-21-1992]
Waste animal or vegetable matter, such as material from a
kitchen, store, delicatessen, restaurant, food stand, etc.
Garbage and litter, as defined in this chapter and emanating
from any dwelling, residence, house, apartment, condominium or cooperative.
[Added 1-21-1992]
Includes:
Garbage, refuse, trash or rubbish or any nauseous
or offensive matter.
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 discarded, 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.
Shall not include:
Equipment in actual use by the owner of property
for farming, gardening or construction of improvements on the property
site.
Vehicles carrying current registration plates
unless abandoned by the owner thereof for 48 hours or more.
Construction materials, reserved and stored
upon premises for future use upon said premises, except that 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.
Such materials shall not be stored in any front yard, nor within 25
feet of rear or side yards.
Contractors' supplies or materials stored on
premises during periods of construction for which a building permit
has been issued, and prior to 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.
A container or barrel, owned or placed by a governmental
agency for the receipt of public litter and having a notice thereon,
stating as follows: "Depositing household or commercial garbage or
litter in or at this receptacle is illegal and is punishable by a
fine of $250."
[Added 1-21-1992]
Includes throwing from a vehicle of any type, or from an
aircraft or boat.
That part of the Town of Bedford outside of any incorporated
village located therein.
A.
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 dumping of litter or permit dumping or 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 or yards or premises of others, or upon
the streets, roads and highways or public place or places.
B.
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.
D.
No person shall throw or deposit or abandon litter
upon any open or vacant property within the town, regardless of the
ownership thereof.
E.
No person shall throw or deposit or abandon litter
in or upon any street, highway, walk, park, parking area or other
public places 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.
F.
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.
G.
No person shall throw or 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.
H.
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 three days after the happening of
the advertised event.
[Amended 12-21-2010 by L.L. No. 6-2010]
I.
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.
J.
No person shall place, deposit, throw or otherwise
put any household garbage or litter or commercial garbage or litter,
as defined in this chapter, in, at, on or adjacent to public receptacles
as defined in this chapter.
[Added 1-21-1992]
This chapter and the penalties provided herein
shall be in addition to, and not in substitution of, the rights and
remedies of the Town of Bedford and its inhabitants, at law and in
equity, under the Penal Law, Public Health Law, Vehicle and Traffic
Law, Westchester County Sanitary Code or the Zoning Ordinance,[1] or any and all laws or ordinances relating to the conduct
or activities similar to those prohibited herein.
A.
An offense against the provisions of this chapter
shall constitute a violation under the Penal Law and shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
[Amended 5-1-1984 by L.L. No. 2-1984]
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 chapter.
