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.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 $500 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment.