It is hereby determined by the Town Board that litter carelessly
deposited in the Town is a cause of civic disgrace; that litter is
a health, fire and safety hazard and pollutant; and that litter is
a matter affecting the public interest and quality of life and consequently
should be subject to supervision and administrative control for the
purpose of safeguarding the health, safety and general welfare of
the people of the Town of Beekman.
The Town Board of the Town of Beekman does hereby ordain and
enact the Town of Beekman Littering Law pursuant to the authority
and provisions of Town Law and § 10 of the Municipal Home
Rule Law.
As used in this chapter, the following terms shall have the
meanings indicated:
GARBAGE
Any animal and vegetable waste resulting from the handling,
storage, sale, preparation, cooking or consumption of food.
LITTER
Garbage, refuse, handbills, newspapers and rubbish, as such
are defined, and all other waste materials which, if thrown or deposited
as herein prohibited, tend to create a danger to the public health,
safety and welfare or render the streets, private grounds or public
places unsightly, including household waste.
PARK
A park, playground, recreation center or any other public
area owned or used by the Town of Beekman or other public entity or
government, which is devoted to recreational purposes.
PERSON
Any person, firm, partnership, association, political subdivision,
government agency, corporation or organization of any kind.
PRIVATE PROPERTY
Any dwelling, house, building or other structure designated
or used, either wholly or in part, for private residential purposes,
whether inhabited or not or vacant, and includes any yard, grounds,
walks, driveways, porches, or steps belonging to such dwelling, building
or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, alleys, or other public ways,
and any and all public parks, squares, spaces, grounds and buildings.
PUBLIC STRUCTURE
Any structure or building owned or operated by the federal,
state, county or Town government or governmental agency.
REFUSE
All putrescible solid waste, except body waste, including
but not limited to garbage, rubbish, ashes, street cleaning, dead
animals, abandoned automobiles, dismantled automobiles and parts thereof,
scrap metal, junk, machinery and solid market and industrial waste.
RUBBISH
All nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes such as papers, wrappings, cigarettes, cardboard,
tin cans, glass, bedding, crockery, furniture, building materials
and other similar materials.
SURFACE WATERS
Any lakes, ponds, reservoirs, streams, springs, rivers, marshes,
regulated and unregulated wetlands, and all other perennial bodies
of surface water, natural or artificial, public or private.
TOWN
The Town of Beekman, County of Dutchess, State of New York.
VEHICLE
Every vehicle upon or by which any person or property is
or may be transported upon a highway, including devices used exclusively
upon stationary rails or tracks.
The owner or person in control of any private property shall
at all times maintain the premises free of litter. This section shall
not be construed to prohibit the storage of litter in private receptacles
for collection.
It is hereby declared to be a duty of the owner or operator
of a take-out restaurant, delicatessen or luncheonette to provide
not less than one authorized private receptacle for the receipt of
trash, litter, paper, napkins, cups and remnants of food and nonfood
items at each exit, available to the patrons as they leave the premises.
Any Code Enforcement Officer of the Town of Beekman, or any
police agency in the Town of Beekman is hereby authorized and empowered
to issue or cause to be issued an appearance ticket for any violation
of any of the provisions of this chapter, returnable in the Justice
Court of the Town of Beekman, or any other court of competent jurisdiction,
and to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this chapter.
[Amended 11-4-2015 by L.L. No. 4-2015]
Any person or persons, associations, firms or corporations who
or which shall violate any of the provisions of this chapter shall
be guilty of an offense and shall be punishable by a fine of $750
for the first offense and $1,000 for the second and any subsequent
offenses.
In the event that a landowner fails to properly dispose of litter on his/her property after being notified to remove the litter as provided in §
103-8 of this chapter, the Code Enforcement Officer or his duly designated agent shall notify the owner or agent of such owner that he/she has been found to be in violation of this chapter, that a fine has been assessed him/her and the amount of said fine. The notice shall also state that if the fine is not paid to the Town of Beekman within 30 days of the date of the notification, then the notice of offense and failure of paying the fine will be referred to the Town of Beekman courts in the form of an appearance ticket. Said notice shall be sent to the owner of the property or the agent of such owner by registered or certified mail, return receipt requested, addressed to the last known address or served personally upon said owner or agent.
Each day's continued violation of this chapter shall constitute
a separate, additional offense.