[HISTORY: Adopted by the Town Board of the
Town of New Paltz 10-27-1988 by L.L. No. 3-1988. Amendments noted
where applicable.]
This chapter shall be known and may be cited
as the "Town of New Paltz Anti-Littering Law."
A.
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.
B.
COMMERCIAL HANDBILL - 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 or literature which:
(1)
(2)
(3)
(4)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWN
VEHICLE
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meaning given
herein.
Advertises for sale any merchandise, product,
commodity or thing;
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;
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, whenever the same is held, given or taken 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. 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 provision
of this Municipal Code; or
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.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and/or consumption of food.
Garbage, refuse and rubbish, as defined herein, and/or 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 United States Postal Service
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, shall mean and include 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, recreation center
or any other public area in the Town devoted to active or passive
recreation.
Any natural person or any firm, partnership, association,
corporation, company or organization of any kind.
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, and shall include 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 but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and/or solid, market
and/or industrial wastes.
Nonputrescible solid wastes consisting of combustible and/or
noncombustible wastes and shall include but shall not be limited to
paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
The Town of New Paltz.
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.
Except as may be otherwise permitted by any
other local law of the Town of New Paltz, no person shall throw or
deposit litter in or upon any street, sidewalk or other public place
or upon private premises within the Town.
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,
if any, 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 public or
private sidewalks or driveways. 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 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, river or any other 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.
A.
Distributing in public places. No person shall throw
or deposit any commercial or noncommercial handbills 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 occupant of a vehicle who
is willing to accept it.
B.
Placement on vehicles. 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.
C.
Placement on uninhabited or vacant premises. No person
shall throw or deposit any commercial or noncommercial handbill in
or upon any private premises which are temporarily or continuously
uninhabited or vacant.
D.
Notice that handbills not desired. 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.
E.
Inhabited private premises. 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 prohibited by federal postal regulations or laws.
F.
Exemptions. 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, 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.
The Building Inspector is 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.
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 § 96-16 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 is hereby authorized and empowered to order its disposal by the Town.
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. Said charge, together with the costs and expenses, shall be
collected in the manner fixed by law for the collection of taxes and
shall be subject to a delinquent penalty of 6% in the event the 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,
costs and expenses, constitutes a charge against the property designated
or described in the statement and that the same is due and collectible
by law.
A.
Each and every violation of this chapter shall constitute
and shall be a violation as defined in Article 10, § 10.00,
Subdivision 3, of the Penal Law and shall be punishable by a fine
not to exceed $250 or by imprisonment for a term not to exceed 15
days, or by both.
B.
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.