[HISTORY: Adopted by the Town Board of the
Town of Kent 8-6-1973 by L.L. No. 11-1973. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Town of Kent Anti-Litter Law."
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
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.
A litter storage collection receptacle as required and authorized
by the Town Superintendent of Highways.
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 of literature
which:
Advertises for sale any merchandise, product,
commodity or thing.
Directs attention to any business, 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 clause 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, when either of the same is held, given or takes 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 clause 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 local law of this Town.
While containing reading matter other than advertising
matter, is predominately 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 wastes 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, any periodical
or current magazine regularly published with not less than four issues
per year, 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, beach, recreation
center or any other public area in the Town 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 Town of Kent.
Any privately owned parking lot and any dwelling, housing,
building or other structure designed or used either wholly or in part
for private residential purpose, whether inhabited or temporarily
or continuously uninhabited or vacant, including 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 and 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 and
similar materials.
The Town of Kent.
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.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the Town except
in public receptacles, in authorized private receptacles for collection
or in Town 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 Town the accumulation
of 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.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Town 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 Town 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 Town or upon private property.
No person shall drive or move any truck or other
vehicle, excluding a private passenger vehicle, within the Town 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 Town, 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 Town 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, stream or any other body of water in a park, or elsewhere
within the road.
[Amended 9-13-2010 by L.L. No. 7-2010]
No person shall throw or deposit any commercial
or non-commercial handbill in or upon any sidewalk, street or other
public place within the town; 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 town for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
[Amended 9-13-2010 by L.L. No. 7-2010]
No person shall throw or deposit any commercial
or non-commercial handbill in or upon any vehicle, such as to cause
damage to said vehicle; provided, however, that it shall not be unlawful
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.
[Amended 9-13-2010 by L.L. No. 7-2010]
No person shall knowingly 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 Advertisements" or any 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.Â
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 so used when so prohibited by federal postal
regulations or laws.
B.Â
Exemption for mail and newspapers. 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 Town any litter, handbill or any other object.
No person shall throw or deposit litter on any
occupied private property within the Town, 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 Town, whether owned by
such person or not.
A.Â
Notice to remove. The Building Inspector and Superintendent
of Highways are hereby authorized and empowered to notify the owner
of any open or vacant private property within the Town or the agent
of such owner to properly dispose of litter located on such owner's
property which is dangerous to public health, safety or welfare. Such
notice shall be by mail, registered or certified, addressed to said
owner at his last known address.
B.Â
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above, or within 15 days after the date of such notice in the event the same is returned to the Town because of the inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Building Inspector and/or Superintendent of Highways is hereby authorized and empowered to order its disposal by the Town.
C.Â
Charge included in tax bill. When the Town has effected
the removal of such dangerous litter or has paid for its removal,
the actual cost thereof, plus accrued interest at the rate of 6% per
annum from the date of the completion of the work if not paid by such
owner prior thereto, shall be charged to the owner of such property
on the next regular tax bill forwarded to the owner by the Town, and
said charge shall be due and payable by said owner at the time of
such payment of such bill.
D.Â
Recorded statement constitutes lien. Where the full amount due the Town is not paid by such owner within 30 days after the disposal of such litter, as provided for in Subsections A and B above, then and in that case the Building Inspector and/or Superintendent of Highways shall cause to be recorded in the Town Clerk's office a sworn statement showing the cost and expenses incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and further, shall be subject to a delinquent penalty of 6% in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible by law.
[Amended 9-10-1984 by L.L. No. 3-1984; 8-1-1988 by L.L. No. 5-1988; 7-22-2002 by L.L. No. 5-2002]
A.Â
Any person violating any provision of this chapter
by throwing or depositing litter that is by volume less than one cubic
foot shall be liable and pay a penalty of a minimum of $100 not to
exceed $500.
B.Â
Any person violating any provision of this chapter
by throwing or depositing litter that is by volume one cubic foot
or larger shall be guilty of a misdemeanor punishable by a minimum
fine of $500 not exceeding $1,000 or by imprisonment for not more
than 90 days, or by both such fine and imprisonment.
