[HISTORY: Adopted by the Town Board of the Town of Wallkill 12-31-1986
by L.L. No. 4-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 200.
This chapter shall be known and may be cited as the "Town of Wallkill
Antilitter Law."
As used in this chapter, the following terms shall have the meanings
indicated:
Garbage, refuse and rubbish and all other waste material which, if
thrown or deposited as herein prohibited, tends to create a danger to public
health, safety and welfare.
A.
No person shall throw, place or deposit litter in or
upon any street, roadway or sidewalk or other public place within the town
except in public receptacles or in authorized private receptacles for collection.
B.
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.
C.
No person shall sweep, place or deposit in any gutter,
street, roadway or other public place within the town any litter from any
building or lot or 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.
D.
No person, while a driver or passenger in a vehicle,
shall throw or deposit litter upon any street or other public place within
the town.
E.
No person shall drive or move any truck or other vehicle
within the town unless such vehicle is so constructed or loaded as to prevent
any litter from being blown or deposited upon any street or other public place;
nor shall any person drive or move any vehicle or truck within the town, the
wheels or tires of which shall carry onto or deposit, in any road or street
or other public place, mud, dirt, sticky substances or foreign matter of any
kind.
F.
Snow or other debris on roadways.
[Added 5-11-2005 by L.L. No. 7-2005]
(1)
No person shall drop, throw, deposit, or cause to exist upon
any highway any glass bottle, glass, nails, tacks, wires, cans, snow or any
other material or substance likely to injure any person, animal, or vehicle
upon such highway.
(2)
Any person who drops, or permits to be dropped, thrown, or deposited,
upon any highway, any destructive, dangerous, or injurious material or any
material, which interferes with the safe use of the highway, shall immediately
remove the same or cause it to be removed.
(3)
Any person removing a wrecked or damaged vehicle from a highway
shall remove any glass or other injurious substance dropped upon the highway
from such vehicle.
A.
No person shall throw, place or deposit litter on any
private property within the town, whether owned by such person or not.
B.
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.
A.
Notice to remove. The Commissioner of Public Works or
his authorized representative is hereby authorized and empowered to notify
the owner of any property within the town, or the agent of such owner, to
properly dispose of litter located on such owner's property. Such notice shall
be served in person or by registered mail, addressed to the owner at his last
known address.
B.
Action upon noncompliance. The Commissioner of Public
Works, five days after personal service of such notice or 10 days after service
by registered mail, may cause the disposal of such litter and shall submit
a sworn statement of the cost and expense of doing said work to the Town Clerk.
The minimum charge shall be $50.
C.
Charge included in tax bill. When the full amount due
the town is not paid by such owner within 30 days after the disposal of the
litter, the sworn statement of the cost and expense shall constitute a lien
on the property for the amount due and shall be collected at the next regular
tax collection in the manner fixed by law for the collection of taxes and
shall bear the same interest and penalty as taxes.
A.
Any person violating any of the provisions of this chapter
shall be deemed guilty of an offense and, upon conviction thereof, shall be
fined in an amount not exceeding $500. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall be
punishable as such hereunder; said individual shall also be subject to imprisonment
for up to 30 days.
[Amended 5-10-1990 by L.L.
No. 7-1990]
B.
If any person furnishes information leading to the arrest
and conviction of an individual or corporation for violation of this chapter,
the Town Board is hereby authorized to grant a reward to said person of up
to $150.