[HISTORY: Adopted by the Board of Trustees of the Village of South
Glens Falls 1-12-1977 by L.L. No. 13-1977.[1] Amendments noted where applicable.]
GENERAL REFERENCES
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.
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:
Advertises for sale any merchandise, produce, commodity or thing.
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.
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.
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.
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.
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.
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.
A.
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.
B.
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.
