A clean, wholesome, attractive environment is
declared to be of importance to the health, safety and welfare of
the inhabitants of the Town; to the safeguarding of their material
rights against unwarrantable invasion, to the protection, preservation
and enhancement of the community appearance, to the preservation or
maintenance of property values, and to the minimizing of nuisances
as well as protection against health hazards.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
ABANDON
To relinquish any item of personal property and/or litter
with the intention of not reclaiming it or resuming its ownership
or enjoyment; and intent shall be presumed at the expiration of 48
consecutive hours from the time of abandonment.
GARBAGE
Waste animal or vegetable matter, such as material from a
kitchen, store, delicatessen, restaurant, food stand, etc.
LITTER
A.
Includes:
(1)
Garbage, refuse, trash or rubbish or any nauseous
or offensive matter.
(2)
All waste materials customarily handled or collected
by refuse collectors or junk dealers.
(3)
Items known as "junk," regardless of size, discarded
or abandoned by reason of obsolescence, age or state of repair or
intended to be discarded, abandoned or junked, including but not limited
to discarded household furnishings or appliances, crates, boxes, cartons,
building materials, vehicles, machines, farm equipment or parts of
vehicles or machines or equipment.
(4)
Signs, handbills, discarded reading material,
newspapers, magazines or similar paper goods.
(5)
Cans, bottles, containers, boxes, cartons or
wrappers, with or without contents.
B.
Shall not include:
(1)
Equipment in actual use by the owner of property
for farming, gardening or construction of improvements on the property
site.
(2)
Vehicles carrying current registration plates,
unless abandoned by the owner thereof for 48 hours or more.
(3)
Construction materials reserved and stored upon
premises for future use upon said premises, except that the same must
be stored and stacked in an orderly fashion and be free from debris
not intended or designed to be used in such future construction. Such
materials shall not be stored in any front yard nor within 25 feet
of rear or side yards.
(4)
Contractors' supplies or materials stored on
premises during periods of construction for which a building permit
has been issued and prior to issuance of a certificate of occupancy.
(5)
Recreation equipment in actual use by the owner
of the property and his family or his tenants.
PERSON
Includes an individual, partnership, corporation or other
legal entity or association, organization or company.
TOWN
That part of the Town of Southeast outside of any incorporated
village located therein.
This chapter and the penalties provided herein shall be in addition to and not in substitution of the rights and remedies of the Town of Southeast and its inhabitants, at law and in equity, under the Penal Law, Public Health Law, Vehicle and Traffic Law, Putnam County Sanitary Code or Chapter
138, Zoning, or any and all laws or ordinances relating to the conduct or activities similar to those prohibited herein.