[HISTORY: Adopted by the Town Board of the Town of Pound Ridge 8-10-1967
as L.L. No. 1-1967; amended in its entirety 6-12-1980
as L.l. No. 2-1980. Section 72-16 amended at time of adoption of Code; see
Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter shall be known and may be cited as the "Litter Control
Law of the Town of Pound Ridge, Local Law No. 1 of 1967."
As used in this chapter, the following terms shall have the meanings
indicated:
LITTER
A.
Includes the following:
(1)
Garbage, refuse and rubbish.
(2)
All waste materials customarily handled and collected by refuse collectors
or junk dealers.
(3)
Items known as "junk," regardless of size, discarded or abandoned by
reason of obsolescence, age or state of repair or intended to be discarded,
abandoned or junked, including but not limited to discarded household furnishings
and appliances, crates, boxes, cartons, building materials, vehicles, machines,
farm equipment, parts of vehicles or machines or equipment
(4)
Signs, handbills, discarded reading material, newspapers, magazines
and similar paper goods.
(5)
Cans, containers, boxes, cartons and wrappers, with or without the contents.
(6)
Leaves, branches, shrubs, brush, grass clippings, roots and other decomposable
botanical matter not originating from the property, and earth or fill (other
than that used as grading material on the property) and rocks, brick and all
other various types of construction materials.
[Added 11-5-1987 by L.L. No. 4-1987]
B.
"Litter" shall not include:
(1)
Equipment in actual use by the owner of property for farming, gardening
or construction of improvements on the site.
(2)
Vehicles carrying current registration plates unless abandoned by the
owner thereof for 48 hours or more.
(3)
Construction materials reserved and stored upon premises for future
use upon said premises for future use upon said premises, except that same
must be stored and stacked in orderly fashion and be free from debris not
intended or designed to be used in such future construction. Such materials
shall not be stored in any front yard nor within 75 feet of rear or side yards.
[Amended 4-6-1989 by L.L. No. 2-1989]
(4)
Contractors' supplies and materials stored on premises during periods
of construction for which a building permit has been issued and prior to issuance
of a certificate of occupancy.
(5)
Recreation equipment and articles in actual use by the owner of property
and his family or his tenants.
PERSON
Includes an individual, partnership, corporation or other legal entity
or association, organization or company.
No person shall throw, deposit or abandon litter on any property within
the Town, whether public or private and whether or not owned by such person,
nor shall any property owner use his land for dumping of litter or permit
dumping or accumulation of litter on his property by others, except that the
owner or person in control of private property shall maintain private receptacles
for the collection of litter in such manner that litter will not be carried
or deposited by the elements upon the yard or upon the streets or other public
place or places.
Litter not contained in receptacles as aforesaid shall not be stored
or piled on land within the Town except to facilitate delivery to the vehicle
of a refuse collector, salvage dealer, licensed junk dealer or a person, firm
or charitable organization customarily engaged in the removal, purchase, collection
or salvage of discarded articles and, in such case, shall not be so stored
in anticipation of such collection for a period in excess of 48 hours.
Owners and persons in charge or control of all private property, whether resident thereon or not, shall at all times maintain the premises free of litter, except as provided in §§
72-3 and
72-4 of this chapter.
No person shall throw or deposit litter upon any open or vacant property
within the Town regardless of the ownership thereof.
No person shall throw or deposit litter in or upon any street, highway,
walk, park, parking area or other public place within the Town except in public
receptacles in such parks or public places.
No person owning or operating a place of business shall sweep or deposit
litter from any building or lot in or into any street or public parking area;
and the frontage of such business properties along streets, public parking
areas and access drives leading to parking areas shall be kept free of litter.
No person shall throw or deposit any litter or foreign matter of any
kind whatsoever in any fountain, pool, pond, lake, reservoir or its tributaries
and watershed, or any body of water in a park or elsewhere within the Town,
except that this provision shall not prohibit the authorized treatment and
control of pools and reservoirs to control and regulate water purity and aquatic
vegetation by persons or corporations having all required permits issued by
state, County, Town and watershed authorities having jurisdiction over such
treatment and such permits.
The prohibitions contained herein against the deposit of litter shall
include activities known as "dumping," the maintenance of dumps for any purpose,
including landfill operations, and the use of any property in the Town as
a dumping ground for the benefit of the owner or any other person.
[Added 2-14-1985 by L.L. No. 2-1985]
No person shall throw, deposit or abandon leaves, branches, grass cuttings,
roots and other decomposable matter and earth, stones, rocks, bricks and various
types of discarded construction material on the property of another within
the Town.
It shall be unlawful to operate on any public highway any open truck
or trailer being utilized for the collection of refuse unless said truck or
trailer has a cover, tarpaulin or other device to prevent such refuse from
blowing or falling off the truck.
Signs and posters advertising an event, and election posters, shall
be removed by the persons or organizations responsible for the erection or
affixing of such signs or posters within 10 days after the happening of the
advertised event or election, as the case may be.
Performance of any act prohibited herein shall be deemed a violation
of this chapter, whether or not the act results in the creation of a hazard
to public health or safety, it being the intent of this chapter to protect,
preserve and enhance the community appearance, to protect the public welfare,
to preserve and maintain property values and to minimize nuisances, as well
as to protect against health hazards.
This chapter and the penalties provided herein shall be in addition
to, and not in substitution of, the rights and remedies of the Town of Pound
Ridge and its inhabitants, at law and in equity, under the Penal Law, Public
Health Law, Vehicle and Traffic Law, Westchester County Sanitary Code and
the Town Zoning Ordinance for violations of said laws relating to conduct and activities
similar to those prohibited herein.
So much of this chapter as relates to abandonment or keeping of derelict
vehicles shall be in addition to and not in substitution of the remedies available
to the Town under any state or local law empowering the Town to remove and
dispose of such vehicles.
[Amended 9-12-1968; 1-10-1985
by L.L. No. 1-1985; 2-2-1989 by L.L.
No. 1-1989]
Any person or entity violating any provision of this chapter shall be
subject to a fine of $500. The continuation of such violation shall constitute,
for each day the violation is continued, a separate and distinct violation
hereunder.