[HISTORY: Adopted by the Town Board of the Town of Putnam Valley 4-21-1999 by L.L. No. 4-1999. This local law superseded former Ch. 79, Littering and Dumping, adopted 5-28-1988 by L.L. No. 2-1998 (Ch. 27 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 120.
This chapter shall be known and may be cited as the "Abandoned Vehicles, Litter and Dumping Control Law."
The intent of this chapter is to safeguard the health, safety and welfare of the inhabitants of the Town of Putnam Valley; to safeguard against unwarranted invasion; to protect, preserve and maintain property values; to minimize nuisances; to protect against health hazards; and to prevent abandonment or dumping of motor vehicles.
For the purposes of this chapter, the following terms shall have the meanings indicated:
ABANDON OR DUMP
A. 
For items of personal property other than motor vehicles, the relinquishment of personal property, including parts of motor vehicles, and/or littering with the intention of not reclaiming said property or resuming its ownership or enjoyment.
B. 
A motor vehicle shall be deemed to be abandoned or dumped if left:
(1) 
With no license plates affixed thereto for more than six hours on a highway or other public place;
(2) 
With or without license plates for more than 24 hours on a highway or other public place, except a portion of a highway or public place on which parking is legally permitted;
(3) 
For more than 48 hours after the parking of such vehicle shall become illegal if left on a portion of a highway or public place on which parking is legally permitted; or
(4) 
For more than 24 hours on the property of another if left without the permission of the owner.
DISPOSING OF, DEPOSITING, DUMPING OR ABANDONING
Includes throwing from a vehicle or any type of an aircraft or boat.
LITTER
A. 
Garbage, refuse, trash or rubbish or noxious or offensive matter. "Garbage" is waste animal or vegetable matter, such as materials from a kitchen, store, restaurant or food stand.
B. 
All waste materials customarily handled or collected by refuse collectors or junk dealers.
C. 
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 motor vehicles or parts thereof.
D. 
Discarded reading material, newspapers, magazines or similar paper goods, cans, bottles, containers, cartons or wrappers, with or without contents.
A. 
No person shall throw, deposit or abandon litter or cause the same to be done on any property within the town, whether public or private and whether or not owned by such person.
B. 
No person shall throw, deposit or abandon litter or cause the same to be done upon any open or vacant property within the town, regardless of the ownership thereof.
C. 
No person shall throw, deposit or abandon litter or cause the same to be done 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.
D. 
No person shall throw, deposit or abandon any litter or foreign matter of any kind whatsoever or cause the same to be done 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, lakes, ponds 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 permit.
E. 
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, except those activities approved by the Department of Environmental Conservation and the County Board of Health and/or licensed by the Town of Putnam Valley.
F. 
No person shall abandon or dump a motor vehicle or any parts thereof or cause the same to be done.
G. 
No person or corporation who collects refuse shall be on a public highway without the load being fully enclosed and secured, except that this provision shall not prohibit the pickup of refuse within the immediate residential area.
Each violation of this chapter constitutes an offense and shall be punishable as follows:
A. 
By a fine not exceeding $500 or imprisonment for a period not to exceed 15 days, or both, for conviction for a first offense; for conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $500 nor more than $1,000 or imprisonment not to exceed 15 days, or both; and upon conviction for a third offense, all of which were committed within a period of five years, by a fine not less than $1,000 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers, generally, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
[Amended 11-17-2004 by L.L. No. 5-2004]
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.
C. 
The Code Enforcement Officer and his deputies, members of the Town Board, and other law enforcement agencies are empowered to enforce this chapter and, to that end, shall have the authority to issue appearance tickets pursuant to Criminal Procedure Law § 150.20.
[Amended 11-16-2005 by L.L. No. 3-2005]
Any person violating any of the provisions of this chapter shall become liable to the Town for any expenses, loss or damage occasioned the Town by reason of such violation, including but not limited to court costs, attorney's fees, the cost of cleanup, removal and disposal of said items and/or any other costs incurred by the Town in the enforcement of this provision.