[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bayville during codification 12-2-1974 as L.L. No. 7-1974; see Ch. 1, General
Provisions, Art. II. Amendments noted where applicable.]
It is hereby declared and found that litter carelessly deposited in
the village is the cause of civic disgrace; that litter is a health, fire
and safety hazard and pollutant; that an all-out litter control campaign can
result in substantial savings to taxpayers of the village; and that litter
is a matter affecting the public interest and consequently should be subject
to supervision and administrative control for the purpose of safeguarding
the health, safety and general welfare of the people of the village.
For the purposes 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.
- COMMERCIAL PLACE
- Any store or group thereof, including shopping centers, shopping plazas and other similar places wherein mercantile activities and services are offered to the public, and shall include all parking areas thereat.
- GARBAGE
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- HANDBILL
- Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature which:
- A. Advertises for sale any merchandise, product, commodity or thing; or
- B. 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; or
- C. 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 profit; or
- D. 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.
- 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 the public health, safety and welfare or creates unsightliness.
- NEWSPAPER
- Any newspaper of general circulation, as defined by 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 law. In addition thereto, "newspaper" shall mean and include any periodical or current magazine regularly published with not fewer than four issues per year and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original, or original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
- PARK
- A park, reservation, playground, beach, recreation center or any other public area in the village or owned or used by the village and devoted to active or passive recreation.
- PERSON
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any 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 and any and all public parks, squares, spaces, grounds and buildings.
- REFUSE
- 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.
- RUBBISH
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- 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 Incorporated Village of Bayville.
No person shall deposit or throw litter in or upon any street, sidewalk
or other public place within the village, except in public receptacles, in
private receptacles for collection, in official dumps or in rubbish pits.
Persons placing litter in public or 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 or deposit in any gutter, street or other public
place within the village the accumulation of litter from any building or litter
from any public sidewalk or driveway.
No person, while a driver or passenger in a vehicle, shall throw or
deposit litter upon any street or 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 located 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 onto or deposit in any
street, alley or other public place mud, dirt, sticky substances, 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.
[Amended 12-11-2000 by L.L.
No. 6-2000]
No person shall throw or deposit litter or any other material in a channel
or basin, in any fountain, pond, lake, stream, bay, ditch or any other body
of water in a park or elsewhere within the village which would alter, impede,
block or otherwise detrimentally affect the rate of flow of water, water quality,
groundwater or where it may be carried, in whole or in part, by the action
of the sun, wind or rain into any of the aforementioned places.
No person shall throw or deposit any commercial or noncommercial handbills
in or upon any sidewalk, street or other public place within the village.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any 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.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any private premises which is temporarily or continuously uninhabited
or vacant.
A.
All commercial or noncommercial handbills shall be handled
or transmitted directly to the owner, occupant or other person then in or
upon such private premises in such a direct handling or transmittal, shall
if possible, said handbills shall be left in such a manner as to prevent their
being carried or deposited by the elements upon any street or other public
place, or upon private property.
B.
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 as to prevent their being carried or
deposited by the elements upon any street or other public place, or upon private
property.
No person shall throw or deposit litter on any occupied private property
or commercial place within the village, whether owned by such person or not,
except that the owner or person in control of such private property or commercial
place may maintain authorized private receptacles for collection in such manner
that litter will be prevented from being carried or deposited by the elements
upon any street or other public place, or upon any private property.
Each owner or person in control of any commercial place, including shopping
centers and delivery and parking areas thereat, shall keep said places, parking
fields, parking areas, delivery areas and other open areas which are a part
of such commercial place free from litter.
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.
The Board of Trustees or its designated representative is hereby authorized
and empowered to notify the owner of any open or vacant private property or
commercial place within the village, or the agent of such owner, to properly
dispose of litter located on such owner's property which is a nuisance or
dangerous to public health, safety or welfare. Such notice shall be by certified
mail, addressed to said owner at his last known address.
Any member of the Village Board, duly authorized officers or agents
of the Village Board, or any member of the Nassau County Police Department,
is hereby empowered to enforce the provisions of this chapter.
Any person committing an offense against any provision of this chapter
shall, upon conviction, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
