[HISTORY: Adopted by the Common Council of the City of Peekskill 4-23-1973 (Ch. 197 of the 1984 Code); amended in its entirety 5-26-2009 by L.L. No. 11-2009. Subsequent amendments noted where applicable.]
A. 
Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
GARBAGE
Every waste accumulation of animal, vegetable, fruit or similar organic matter that attends the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruit or vegetables.
HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, paper, booklet, flyer, brochure, pamphlet, bulletin or any other printed or otherwise reproduced original or copies of any matter of literature.
LITTER
Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PROPERTY
Any dwelling, house, building or other structure, of any nature whatsoever, designed or used either wholly or in part for private purposes, whether occupied or vacant. It also shall include any yards, lots or grounds, walks or driveways belonging or appurtenant to such dwelling, house, building or other structure. It shall also include any vacant property, grounds or lots not belonging or appurtenant to any such dwelling, house, building or other structure.
PRIVATE RECEPTACLE
A litter storage and collection container of steel, aluminum or rigid plastic, with or without a heavy-duty plastic liner or sack structured and placed so that the exit and entrance of rodents or other animals is prevented; they can be easily cleaned; they will not break or burst when lifted; they are easily unloaded; and they are of sufficient integrity to confine such litter between the regular collections thereof. On its own initiative, or at the request of any person, firm or corporation, the Common Council may approve as fit and suitable for such purposes any such container. The term "private receptacle" shall include within its meaning those containers commonly known as "dumpsters" or any other container when used to accumulate or store refuse, trash or rubbish.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
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, includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
REFUSE
Inorganic waste such as glass, porcelain, crockery, metals, tin cans or other similar noncombustible matter, and also includes grass clippings, leaves and tree trimmings.
RUBBISH
Includes litter, paper, cardboard, wood, rubber, cloth, leather or any other similar combustible material.
B. 
Word usage. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
A. 
No person shall throw or deposit litter in any park or public places within the City except in public receptacles and in such a manner that it 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.
B. 
No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
C. 
No person shall throw or deposit litter from any vehicle upon any street or other public place within the City or upon private property.
No person shall throw or deposit litter on any private property within the City, whether owned by such person or not and whether occupied or vacant, 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.
A. 
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.
B. 
Persons owning or occupying property shall keep the area or sidewalk in front of their premises free of litter.
A. 
In public places: No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the City. No person shall hand out or distribute any handbill in any public place except to persons willing to accept it.
B. 
On vehicles: No person shall throw or deposit any handbill in or upon any vehicle, except it shall not be unlawful in any public place for a person to hand out or distribute a handbill to any occupant of a vehicle who is willing to accept it.
C. 
On private property: No person shall throw or deposit any handbill in or upon any private premises which are:
(1) 
Temporarily or continuously uninhabited or vacant.
(2) 
Posted with a sign placed in a conspicuous position near the entrance thereof, bearing the words "No Peddlers or Agents," "No Advertisements" or words of similar import indicating the desire of the occupants not to have such handbills left upon such premises, or where an occupant expressly directs the person not to throw, deposit or distribute the handbill on the premises.
(3) 
Inhabited, but not posted or subject to an express warning by an occupant, except by handling or transmitting any such handbill directly to an occupant, unless he places or deposits any such handbill so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public ways.
D. 
The provisions of this section shall not apply to the distribution of mail by the United States Postal Service nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent them being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
[Amended 3-12-2012 by L.L. No. 4-2012]
A. 
Notice to remove. The Director of Public Works is hereby authorized and empowered to notify the owner of any private property within the City or the agent of such owner to properly remove and/or dispose of litter located on such owner's property which is unsightly or dangerous to public health, safety or welfare. Such notice shall be by personal service or certified mail, addressed to said owner at his last known address, as the same appears in the City records.
[Amended 6-24-2019 by L.L. No. 3-2019]
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to comply with the provisions under this chapter, the City Manager or City Manager’s designee may, in lieu of or in addition to written violation, serve a written abatement notice on the owner and the owner’s representative and may cause such work to be undertaken by or on behalf of the City, pursuant to the procedures set forth in § C205 of the City Charter.
A. 
Enforcement. The provisions of this Chapter 359 of the Code of the City of Peekskill shall be enforceable by any police officer, code enforcement officer under the direction of the Building Department, code enforcement officer under the direction of the Department of Public Works and any community service officer. In addition, the provisions of this Chapter 359 of the Code of the City of Peekskill shall be enforceable by any park ranger of the City of Peekskill within any City park.
[Amended 6-24-2019 by L.L. No. 3-2019]
B. 
Penalties for offenses. A first offense against the provisions of this chapter shall be punishable by a fine of not less than $150 and not more than $250. A second offense against the provisions of this chapter (committed within a three-year period, looking back from the date of the violation, regardless of the fines imposed on the prior violation) shall be punishable by a fine of not less than $250 and not more than $500. A third offense against the provisions of this chapter (committed within a three-year period, looking back from the date of the violation, regardless of the fines imposed on the prior violations) shall be punishable by a fine of not less than $500 and not more than $1,000. All subsequent offenses against the provisions of this chapter committed within a three-year period, looking back from the date of the violation, regardless of the fines imposed on the prior violations, shall be punishable by a fine of $1,000 or by imprisonment for a term not to exceed 15 days, or both. Each day a violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
C. 
Exemption. The provisions of this chapter shall not be applicable to the activities of a police officer or any City of Peekskill code enforcement official in the exercise of his or her duties.
Any commercial retail establishment which sells goods, food, products or other items at retail or wholesale, which items are removed from the premises by a customer, shall be responsible for the clean and orderly maintenance of all sidewalks, driveways, curbs and other public ways for a distance of 75 feet in each direction as measured from each property line of said premises. Any commercial establishment, whether wholesale or retail, shall be responsible for the removal or cleanup of any and all refuse, garbage, trash, wrappers, packaging or other material which it utilizes or sells in the conduct of its business. All such commercial establishments shall be obligated to remove any such refuse, garbage, trash, wrappers, packaging or other material on a continuous basis from the time they open their business to the public up to a half hour after they close their business to the public. For the purpose of this section, trash, refuse, garbage or other material which remains on City sidewalks, driveways, curbs or public ways in violation of this section and which, by its nature, packaging or labeling, is clearly identifiable as having originated in a particular commercial establishment shall be prima facie evidence, subject to rebuttal, that such material emanated from said establishment.