[HISTORY: Adopted by the Town Board of the Town of Southeast 9-17-1987 by L.L. No. 4-1987. Amendments noted where applicable]
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:
- 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.
- Waste animal or vegetable matter, such as material from a kitchen, store, delicatessen, restaurant, food stand, etc.
- 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.
- Includes an individual, partnership, corporation or other legal entity or association, organization or company.
- THROWING, DEPOSITING or ABANDONING
- Includes throwing from a vehicle of any type or from an aircraft or boat.
- That part of the Town of Southeast outside of any incorporated village located therein.
No person shall throw, deposit or abandon litter on any property within the Town, whether public or private and whether or not owned by such person, nor shall any property owner use his land for dumping of litter or permit dumping or accumulation of litter on his property by others, except that the owner or person in control of private property shall maintain private receptacles for the collection of litter in such a manner that litter will not be carried or deposited by the elements upon the yard or yards or premises of others or upon the streets, roads and highways or public place or places.
Litter not contained in receptacles as aforesaid shall not be stored or piled on land within the Town except to facilitate delivery to the vehicle of a refuse collector, salvage dealer, licensed junk dealer or a person, firm or charitable organization customarily engaged in the removal, purchase, collection or salvage of discarded articles, and in such case shall not be so stored in anticipation of such collection for a period in excess of 48 hours.
No person shall throw or deposit or abandon litter upon any open or vacant property within the Town, regardless of the ownership thereof.
No person shall throw or deposit or abandon litter in or upon any street, highway, walk, park, parking area or other public place within the Town except in public receptacles; provided, however, that no litter defined as "garbage" shall at any time be thrown or deposited in public receptacles unless such receptacles are specifically designated and marked for the reception of garbage.
No person owning or operating a place of business shall sweep or deposit litter from any building or lot in or into any street or public parking area, and the frontage of such business properties along streets, public parking areas or access drives leading to parking areas shall be kept free of litter.
No person shall throw or deposit or abandon any litter or foreign matter of any kind whatsoever in any fountain, pool, pond, lake, stream, culvert, reservoir or its tributaries or watershed or any body of water in a park or elsewhere within the Town, except that this provision shall not prohibit the authorized treatment and control of pools or reservoirs to control or regulate water purity or aquatic vegetation by persons or corporations having all required permits issued by state, county, Town or watershed authorities having jurisdiction over such treatment or such permits.
Signs or posters advertising an event shall be removed by the persons or organizations responsible for the erection or affixing of such signs or posters within 10 days after the happening of the advertised event.
The prohibitions contained herein against the deposit of litter shall include activities known as "dumping," the maintenance of dumps for any purpose, including landfill operations, or the use of any property in the Town as a dumping ground for the benefit of the owner or any other person.
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.
An offense against the provisions of this chapter shall constitute a violation under the Penal Law and shall be punishable by a fine not to exceed $1,000 or by imprisonment for not more than 15 days, or both.
[Amended 6-16-1988 by L.L. No. 5-1988; 3-16-1989 by L.L. No. 1-1989]
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.