[HISTORY: Adopted by the Town Board of the Town of Goshen 5-22-1986 by L.L. No. 7-1986. Amendments noted where applicable.]
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle of steel, aluminum or plastic, of 10 to 30 gallons' capacity, with tight cover, or a larger steel container with closed lid.
- Putrescible animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.
- Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited are herein prohibited, tends to create a danger to public health, safety, and welfare, or tends to create blight.
- A park, reservation, playground, beach, recreation center or any other public area in the Town owned or operated by the Town and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any pond, lake, body of water or any house, building or other structure not owned or operated by the Town or other governmental unit, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, ground, parking lot, walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such house, building or other structure.
- PUBLIC PLACE
- Any and all streets, roads, sidewalks, boulevards, alleys or other public ways and any and all public parks, beaches, squares, spaces, grounds and buildings, and any and all public waterways, streams, stream beds, ponds, lakes and rivers.
- Includes garbage and rubbish.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as but not limited to paper wrappings, cardboard, tin cans, wood, glass, bedding, crockery.
- The Town of Goshen.
Word usage. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular; words used in the singular number include the plural; and words in the masculine include the feminine and the neuter. The word "shall" is always mandatory and not merely directory.
No person shall throw or deposit litter in or upon any street, road, sidewalk or other public place within the Town except in public receptacles or in authorized private receptacles for collection.
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, road, sidewalk or other public place or upon private property.
No person shall sweep into or deposit in any gutter, street, road 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 shall throw or deposit litter in any park or beach 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 beach or upon any street or other public or private place. Where public receptacles are not provided, all such litter shall be carried away from the park or beach 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, river, stream or other body of water or within the limits of such pond, river, stream or other body of water within the Town of Goshen.
No person shall throw or deposit litter on any private property within the Town, whether owned by such person or not and whether occupied or vacant, except that the owner or person in control of private property may maintain an authorized private receptacle 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 private property.
The owner or person in control of private property or any portion thereof shall at all times maintain the premises of that portion controlled by him free of litter, except when stored properly in authorized private receptacles for collection, when such person shall have actual notice thereof or when said letter shall have been present a sufficient length of time to constitute constructive notice.
[Amended 9-24-1992 by L.L. No. 3-1992; 8-26-2004 by L.L. No. 6-2004]
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. A second violation is punishable by a fine not exceeding $1,500. The continuation of any offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
This chapter shall supplement, modify and supersede in its application to the Town of Goshen the New York State Vehicle and Traffic Law § 1220.
If any clause, sentence, paragraph, word, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.