[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 2-14-1979 as L.L. No. 2-1979, effective 2-22-1979. (Local Law No. 2-1979 was included as Sec. 2A of Ch. 3 of the Unified Code of Ordinances.) Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
- AUTHORIZED PRIVATE RECEPTACLE
- A litter-storage and collection receptacle which will contain litter 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 any private property.
- 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 manner of literature not included in the definition of the term "commercial handbill," as defined in Chapter 206, Handbills, or "newspaper," as defined below.
- Garbage, combustible rubbish, noncombustible rubbish, yard rubbish and refuse, as those terms are defined in § 200-1 of Chapter 200, Garbage, Rubbish and Refuse, 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 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 per year and sold to the public.
- 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 dwelling 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, whether municipally owned or privately operated, and any and all public parks, squares, spaces, grounds and buildings.
- Every device, motorized or nonmotorized, 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 Mamaroneck.
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 official village sanitary landfill sites.
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. Public receptacles shall not be used for the deposit of domestic, commercial or industrial litter.
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 or from any public or private sidewalk or driveway. Persons owning property or occupying property shall keep the sidewalk in front of their premises free of litter.
[Amended 3-10-1986 by L.L. No. 5-1986, effective 3-17-1986]
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 sidewalk or driveway. Persons owning or occupying places of business within the village shall keep the sidewalk and walkways, driveways, parking areas and other areas adjacent to or in front of their business premises free of litter. Said areas shall be swept clean within one-half (1/2) hour after opening and within one-half (1/2) hour before closing the place of business.
No person, while a driver or a 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 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 place.
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 or are in a condition as not able to accept additional litter, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of in a receptacle as provided herein.
No person shall throw or deposit litter in any fountain, pool, pond, lake, stream, creek, bay, harbor or any other body of water within the village.
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 in an aircraft shall throw out, drop or deposit within the village any litter, handbill or any other object.
No person shall post or affix any notice, poster or other paper or device calculated to attract attention of the public to any lamppost, public-utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law.
Litter on occupied private property. 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 owner or 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 private property.
Maintenance of 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 chapter shall not prohibit the storage of litter in authorized private receptacles for collection.
Vacant property. No person shall throw or deposit litter on any open or vacant private property within the village, whether owned by such person or not.
Notice to remove. The Building Inspector of the Village is hereby authorized and empowered to notify the owner of any open or vacant private property within the village or the agent of such owner to properly dispose of litter located on such owner's property which is or may become dangerous to public health, safety or welfare. Such notice shall contain a description of the property affected, sufficiently definite in terms to identify it, and a notice that, unless the litter is properly disposed of within 10 days after service of notice, the village will proceed with the removal and proper disposition of such litter and shall cause the costs of such removal and disposition to be charged against the premises.
Such notice shall be served on such owner personally or by leaving the same at the residence of such owner or owners with a person of suitable age and discretion or by posting the same conspicuously on such premises or by mailing the same addressed to such owner or owners at their residence address. Where there are two or more owners of any such property, service upon one of them shall be sufficient.
If any owner or owners shall neglect or refuse to comply with said notice within the time limited therefor, the Village of Mamaroneck shall proceed with the removal and proper disposition of such litter in such manner as it shall deem proper and suitable and shall file a certificate of the expense thereof, together with a description of the property whereon such work was completed, with the Village Clerk-Treasurer, who shall certify the same to the Board of Trustees at the next regular meeting thereafter. The expense thereof shall be paid by the owner of the property and may be collected in an action at law or assessed upon the land. Such assessments shall be made and taxes levied as provided by the Village Law.
[Added 11-10-1986 by L.L. No. 15-1986, effective 11-17-1986]
No person shall continually deposit, distribute or throw, or cause or permit to be continually deposited, distributed or thrown, any advertisements, papers, newspapers, documents, periodicals or other publications upon any public or private property, whether occupied or vacant, within the Village of Mamaroneck when notice has been provided to any such person, distributor, publisher or other party causing such distribution of said documents or publications that the property owner or occupant does not wish that such items be so deposited, distributed or thrown on his property.
[Amended 3-10-1986 by L.L. No. 5-1986, effective 3-17-1986; 8-14-2000 by L.L. No. 7-2000, effective 8-17-2000]
Any person violating any provision of this chapter may, upon conviction, be punished for the first offense by a fine not exceeding $75; for the second offense within one year, by a fine not exceeding $150; and for any subsequent offense within one year from the date of the first offense, by a fine not exceeding $225.