Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown12-11-1984 by L.L. No. 4-1984 (Ch. 64 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 149.
Property maintenance — See Ch. 216.

§ 173-1 Littering prohibited.

[Amended 10-10-1989; 8-20-2013 by L.L. No. 6-2013; 8-15-2017 by L.L. No. 9-2017]
A. 
No person shall litter, leave, clutter, throw, discharge, discard, abandon, dump, store or keep any nuisance, hazard or litter, as defined in § 216-2 of this Code, or a shopping cart on any public street, public road, public place, public property or any privately owned property open to the public, regardless of whether or not said privately owned property is temporarily closed to the public.
B. 
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, creek, reservoir or its tributaries or watershed or any body of water in a park or elsewhere within the Town of Clarkstown; 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.

§ 173-2 Posting prohibited.

[Amended 1-14-1986 by L.L. No. 1-1986; 8-22-2006 by L.L. No. 11-2006; ]
No person shall post, display or carry any handbill, placard, notice, sign or advertisement of any kind whatsoever or print, paint, stamp, deface or otherwise mark any words, letters, figures, signs or tokens of any sort or kind for any purpose in or on any flagstone, curbstone, sidewalk, landscaped area, utility pole, tree or fence within 20 feet beyond the edge of the paved portion of any limited-access road, within 40 feet of the center line of any major road, within 30 feet of the center line of any secondary road, or within 25 feet of the center line of any collector or local road, and in no case less than 10 feet from the edge of pavement, as such roads are shown on the Official Map of the Town of Clarkstown, or upon any Town-owned property within the unincorporated part of the Town of Clarkstown.

§ 173-3 Exemptions.

Section 173-2 shall not apply to the posting of public notices by any department or official of the Town, county, state or federal government.

§ 173-4 Penalties for offenses.

[Amended 8-22-2006 by L.L. No. 11-2006; 4-9-2013 by L.L. No. 2-2013; 8-15-2017 by L.L. No. 9-2017]
A. 
Any person committing an offense against any provision under §§ 173-1A and 173-2 of this chapter shall be guilty of a violation punishable by a fine not exceeding $2,500. Any person found guilty of a second offense of any provision of this chapter within 18 months of the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000. Any person found guilty of a third offense of any provision of this chapter within 18 months of the date of the second conviction shall be punished by a fine of not less than $7,500 and not more than $10,000. Any person found guilty of a fourth or subsequent offense of any provision of this chapter within 18 months of the date of the third conviction shall be punished by a fine of not less than $10,000 and not more than $15,000. Each day's continued violation of any provision of this chapter will constitute a distinct and separate offense.
B. 
Any person committing an offense against any provision under § 173-1B of this chapter shall be guilty of a violation punishable by a fine not exceeding $3,500. Any person found guilty of a second offense of any provision of this chapter within 18 months of the date of the first conviction shall be punished by a fine of not less than $3,500 and not more than $6,000. Any person found guilty of a third offense of any provision of this chapter within 18 months of the date of the second conviction shall be punished by a fine of not less than $8,500 and not more than $11,000. Any person found guilty of a fourth or subsequent offense of any provision of this chapter within 18 months of the date of the third conviction shall be punished by a fine of not less than $11,000 and not more than $16,000. Each day's continued violation of any provision of this chapter will constitute a distinct and separate offense.

§ 173-5 Enforcement.

[Amended 8-22-2006 by L.L. No. 11-2006; 8-20-2013 by L.L. No. 6-2013; 3-22-2016 by L.L. No. 4-2016]
The Town of Clarkstown Superintendent of Highways and the Building Inspector, and such additional employees of the Town as may be designated thereby, are hereby authorized to remove, destroy or discard any material or remove any defacement placed, posted, stamped or marked in violation of §§ 173-1 and 173-2 in as timely and regular a manner as practicable. The Superintendent of Highways and the Building Inspector and/or their designee are further authorized to prepare a bill of costs for said removal for the reimbursement of the costs of removal and disposal by the offending person, organization or corporation. Any lawful means of collection may be employed to recover the actual costs for removal and disposal of such material or defacement. Enforcement of any provision of this chapter is to be performed by Town officials with code enforcement authority.

§ 173-6 Presumption.

[Amended 8-20-2013 by L.L. No. 6-2013]
For the purposes of any prosecution pursuant to §§ 173-1 and 173-2, it shall be presumed that the vendor or provider of the specified product, service or entertainment contained in the handbill, placard, notice or advertisement or the identifiable owner of the shopping cart is a person who or organization or corporation which placed such handbill, placard, notice, advertisement or shopping cart or caused it to be placed upon the property. In the case of a noncommercial posting, the organization supporting the dissemination of the information or the person, corporate or natural, about whom the message was posted shall be presumed to be the organization or person who posted, placed or abandoned the same for any prosecution pursuant to §§ 173-1 and 173-2.

§ 173-7 Severability.

[Added  8-22-2006 by L.L. No. 11-2006]
If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.