[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.]
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.
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
(1)
(2)
VEHICLE
VILLAGE
Specific terms. As used in this chapter, the following
terms shall have the meanings indicated:
A litter storage collection receptacle as required and authorized
by the Village Superintendent of Public Works.
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:
Advertises for sale any merchandise, product,
commodity or thing;
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;
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
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.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
"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.
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.
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.”
A public park, reservation, playground, recreation center
or any other public area in the Village devoted to active or passive
recreation.
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.
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.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds,
buildings and parking lots.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, solid market and industrial wastes.
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]
Materials intended for resale and otherwise
lawfully stored at a retail or wholesale establishment in a district
authorized for such purpose; or
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.
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.
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.
