[HISTORY: Adopted by the Board of Trustees of the Village of South Glens Falls 1-12-1977 by L.L. No. 13-1977. Amendments noted where applicable.]
Disposal of solid or liquid waste — See Ch. 123.
It is hereby declared and found that litter carelessly deposited in the Village of South Glens Falls is the cause of civic disgrace; that litter is a health, fire and safety hazard and pollutant; that an all-out litter control campaign can result in substantial savings to the taxpayers of the Village South Glens Falls; and that litter is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safeguarding the public health, safety and general welfare of the people of the Village of South Glens Falls.
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; 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.
- COMMERCIAL PLACE
- Any store or building or group thereof, including shopping centers, shopping plazas and other similar places, where mercantile activities and services are offered to the public, and shall include all parking areas thereat.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature which:
- A. Advertises for sale any merchandise, produce, commodity or thing.
- B. Directs attention to any business, mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales.
- C. Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit.
- D. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
- 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 or creates unsightliness.
- Any newspaper of general circulation, as defined by 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 law. In addition thereto, it shall mean and include any periodical or current magazine regularly published, with not less than four issues per year, and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter; any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or originals or copies of any matter of literature not included in the aforesaid definitions of a "commercial handbill" or "newspaper."
- A park, reservation, playground, beach, recreation center or any other public area in the Village owned or used by the Village and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any 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, and shall include 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, spaces, grounds and buildings.
- 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, glass, bedding, crockery and similar materials.
- 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 deposit or throw litter in or upon any street, sidewalk or other public place within the Village except in public receptacles or in private receptacles for collection.
Persons placing litter in public receptacles or in 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 or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or litter from any public sidewalk or driveway.
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or public place within the Village or upon private property.
No person shall drive or move any truck or other vehicle within the Village unless such vehicle is so constructed or located 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 Village, 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 Village except in public receptacles and 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, bay or any other body of water in a park or elsewhere within the Village.
No person shall throw or deposit any commercial or noncommercial handbills in or upon any sidewalk, street or other public place within the Village.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises.
Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street or other public place or upon private property.
No person shall throw or deposit litter on any occupied private property or commercial place within the Village, whether owned by such person or not, except that the owner or person in control of such private property or commercial place 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 or other public place or upon any private property.
Each owner or person in control of any commercial place, including shopping centers and delivery and parking areas thereat, shall keep said places, parking fields, parking areas, delivery areas and other open areas which are a part of such commercial place free from litter.
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 Village, whether owned by such person or not.
The Building Inspector is hereby authorized and empowered to notify the owner of any open or vacant private property or commercial place within the Village, or the agent of such owner, to properly dispose of litter located on such owner's property which is a nuisance or dangerous to public health, safety or welfare. Such notice shall be by certified mail and addressed to said owner at his last known address.
Any person committing an offense against this chapter shall, upon conviction, be subject to a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or to both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
All ordinances. local laws or resolutions or parts of ordinances, local laws or resolutions of the Village of South Glens Falls inconsistent with the provisions of this chapter are hereby repealed; provided, however. that such repeal shall be only to the extent of such inconsistency, and in all respects this chapter shall be in addition to other legislation regulating and governing the subject matter covered by this chapter. The above notwithstanding, the ordinance adopted August 19, 1964, to control litter, is hereby specifically repealed in all respects and shall be deemed to be of no force or effect as of the effective date of this chapter.