Village of New Paltz, NY
Ulster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of New Paltz by L.L. No. 34-1978 (Ch. 66 of the 1978 Code), as amended by L.L. No. 7-1997. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Grass, rubbish and trash — See Ch. 124.
Peace and good order — See Ch. 152.
Peddling and soliciting — See Ch. 155.
Collection of solid waste — See Ch. 171.
Streets and public places — See Ch. 175.
This chapter shall be known and may be cited as the "Village of New Paltz Anti-Litter Law."
A. 
Generally. For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning 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.
B. 
Specific terms. As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZED PRIVATE RECEPTACLE
A litter storage collection receptacle as required and authorized by the Village Superintendent of Public Works.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature, which:
(1) 
Advertises for sale any merchandise, product, commodity or thing;
(2) 
Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
(3) 
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 profits; but the terms of this subsection shall not apply where an admission fee is charged or a collection is taken up wholly for a charitable or educational purpose or by a church or institution of religion for its lawful purposes or for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, whenever the same is held, given or taken place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state or under any provision of this Code; or
(4) 
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
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
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.
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, shall mean and include any periodical or current magazine regularly published with not less than four issues and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a “commercial handbill” or “newspaper.”
PARK
A public park, reservation, playground, recreation center or any other public area in the Village devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind that has a lease, oral or in writing, for any premises within the Village of New Paltz.
PRIVATE PREMISES
Any privately owned parking lot and any dwelling, housing, building or other structure, designated or used either wholly or in part for private residential purpose, 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, buildings and parking lots.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, construction materials and similar materials. As used herein, the term "construction materials" shall not be deemed to include:
[Amended 2-13-2002 by L.L. No. 4-2002]
(1) 
Materials intended for resale and otherwise lawfully stored at a retail or wholesale establishment in a district authorized for such purpose; or
(2) 
Materials intended for use with respect to improvements to be made at the subject premises, and stored at the premises for a period not exceeding 60 days, or during the effective period of any building permit issued by the Building Inspector with respect to such improvements, whichever is longer.
VEHICLE
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.
VILLAGE
The Village of New Paltz.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village except in public receptacles, in authorized private receptacles for collection, or in Village dumps.
Persons placing litter in public receptacles or in authorized 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 into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalks or driveway. Persons owning or occupying places of business within the Village shall keep the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Village or upon private property.
No person shall drive or move any truck or other vehicle, excluding private passenger vehicle, within the Village unless such vehicle is so constructed or loaded 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 into or deposit in any street, alley or other public place, mud, dirt, 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 pond, lake, river or any other body of water in a park or elsewhere within the Village.
A. 
No person shall throw or deposit any commercial or noncommercial handbills in or upon any sidewalk, street or other public place within the Village; nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the Village for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to person who is willing to accept it.
B. 
No person shall post, tack, tape or otherwise place or adhere any commercial or noncommercial handbill on any utility box or pole, traffic-control box or stanchion, traffic or street sign or pole, guard rail, bridge, trash container or other exposed surface of any public building or structure within the Village.
C. 
It shall be presumed that the person, business, corporation or other entity whose name appears on the handbill as the sponsor of the advertisement or message printed thereon shall have knowingly caused such handbill to be distributed or posted in violation of this section.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be lawful 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 upon any private premises if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words "No trespassing," "No peddlers or agents," "No advertisement" or similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.
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; provided, however, that in case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be used when so prohibited by federal postal regulations or laws.
B. 
It shall be presumed that the person, business, corporation or other entity whose name appears on the handbill as the sponsor of the advertisement or message printed thereon shall have knowingly caused such handbill to be distributed or posted in violation of this section.
C. 
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 to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person in an aircraft shall throw out, drop or deposit within the Village any litter, handbill or any other object.
No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, except that the 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.
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.
[Amended 2-13-2002 by L.L. No. 4-2002]
A. 
Notice to remove. The Building Inspector is hereby authorized and empowered to notify the owner or person in control of any private property within the Village to properly dispose of litter located on such owner's property. The notice shall be deemed sufficient if delivered to the owner or person in control of the property in person or by certified mail to the property postal address and, if different, to the last known address of the owner appearing on the most recent tax rolls of the Village.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or person in control of any private property notified to properly dispose of litter within five days after receipt of the oral or written notice by the Building Inspector as above specified, or within 10 days after the date of such written notice in the event the same is returned to the Village because of the inability to make delivery thereof, provided the same was properly addressed as specified in Subsection A hereof, the Building Inspector is hereby authorized to cause the removal of the litter from the property.
C. 
Enforcement.
(1) 
The Building Inspector is authorized to enforce this chapter by sending a statement to the owner or person in control of the premises cleared on each such occasion in the amount as set annually by resolution of the Board of Trustees plus the actual cost of the removal of the litter, together with a notice to appear in the Town Court of the Town of New Paltz on a date and time specified in the notice to be given the opportunity to be heard regarding the charge to be imposed and to assert any objections thereto.
[Amended 10-22-2014 by L.L. No. 13-2014]
(2) 
A notice shall be deemed sufficient if delivered to the owner or person in control of the property in person or by certified mail to the property postal address and, if different, to the last known address of the owner appearing on the most recent tax rolls of the Village.
(3) 
In the event the owner or person in control of the property is found liable by the court for the charge or fails to appear on the date and time specified in the notice and fails to pay the charge due within 10 days thereafter, the charge shall be a lien upon the premises from which the litter was removed and shall be collected by the Village Treasurer as an assessment upon said premises on the real property tax statements issued by the Village Treasurer on the tax collection date next following as provided by law.
(4) 
The collection of this charge shall not preclude the Village from pursuing any other civil or criminal remedies which may be available to enforce the violation of this chapter.
[Amended 10-22-2014 by L.L. No. 13-2014]
Each violation of this chapter shall be deemed to be a violation pursuant to the Penal Law of the State of New York and any person violating this chapter or any provision thereof may be prosecuted pursuant to the Criminal Procedure Law for the violation of a petty offense. Any person violating this chapter or any provision thereof shall be liable to and pay a penalty as set annually by resolution of the Board of Trustees.