[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw as indicated in article histories. Amendments noted where applicable.]
Article I General Provisions
Article II Littering and Posting
[Adopted 5-17-2010 by L.L. No. 4-2010.]
Editor’s Note: This local law also repealed former Ch. 152, Littering, consisting of Art. I, Litter Thrown From or Caused by Vehicles, adopted 12-9-1971, as amended.
As used in this article, the following terms shall have the meaning indicated:
- COMMERCIAL HANDBILL
- Any printed or written matter, leaflet, pamphlet or any other printed or otherwise reproduced literature which advertises for sale any merchandise, product, commodity or thing, or which directs attention to any business or mercantile establishment, or which directs attention to or advertises any meeting, theatrical performance or an event of any kind for which an admission fee is charged.
- Any putrescible animal and vegetable waste, commonly known as "garbage," and any putrescible and nonpustrescible solid waste, including rubbish and refuse, such as ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial waste, paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, trash and similar materials.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, circular, leaflet, pamphlet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the above definition of a "commercial handbill."
No person, association, firm or corporation shall do or permit to be done any of the following acts:
Sweep or deposit in any gutter or other public place within the Village any accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property, including residences and places of businesses, shall keep the sidewalk in front of their premises free of litter.
Throw or deposit, while a driver or passenger in a vehicle, litter upon any street or other public place within the Village or upon private property.
Drive or move any truck or other vehicle within the Village 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.
Deposit dirt on any public street from the wheels of vehicles leaving construction sites, unless such dirt is removed by 5:00 p.m. of the day on which the dirt was deposited.
Throw or deposit commercial or noncommercial handbills in or upon any sidewalk, street or other public place, or hand out, distribute or sell any commercial handbills or place the same in or upon any vehicle in any public place, provided that it shall not be unlawful on any sidewalk, street or other public place to distribute, without charge, any noncommercial handbill to any person willing to accept it.
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.
Post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or tree or upon any public structure or building, except as authorized or required by law.
Throw, deposit or permit the accumulation of litter on private premises, both business and residential, within the Village, whether owned by such person or not. The owner or person in control of the private premises may maintain authorized private receptacles for collection in such a manner that litter would be prevented from being carried or deposited by the elements on any street, sidewalk or other public place or upon any private property. The owners of shopping centers are hereby required to install and maintain trash receptacles on the pedestrian walkways within said shopping center. These receptacles shall be placed at a maximum of 30 feet apart, unless the Board of Trustees, or its designee, determines this distance is not practicable. The receptacles shall be clearly designated as trash receptacles, and the Board of Trustees, or its designee, shall have the authority to determine the adequacy of such receptacles in terms of their type and number.
Throw or deposit litter upon any open or vacant private premises or any inhabited premises, whether owned by such person or not.
The Board of Trustees, or its designee, is hereby authorized and empowered to notify the owner and /or occupant of any open or vacant private premises or any occupied or unoccupied private or business premises within the Village, or the agent of such owner or occupant, to properly dispose of litter located on such property. Such notice shall be by certified mail, addressed to said owner and/or occupant at his last known address, or served personally by the Board of Trustees, or its designee, upon such owner or occupant.
Upon failure, neglect or refusal of any owner or occupant so notified to properly dispose of litter within three days after receipt of the written notice provided for in Subsection A above, or three days after the date of such notice in the event that the same is returned unserved, said Board of Trustees, or designee, is hereby authorized and empowered to order the correction of such violation, using Village funds or Village personnel to accomplish such correction, and may charge the costs thereof to the violator. Collection of such costs by the Village may be made by lien or otherwise as authorized by law and collected in the next Village real estate tax bill.
Any person, firm, association or corporation who violates any provision of this article or fails to correct within the time hereinabove set forth the conditions for which complaint is made by the Village shall, upon conviction, be punished by a fine of not more than $1,000, plus costs of prosecution and, in default of payment of such fine and costs, to imprisonment in the county jail for a term not exceeding 15 days, and each day's failure to comply with any such provision shall constitute a separate violation. It shall not be necessary for the Village to give notice pursuant to the provisions of the § 152-3 above in order to obtain a conviction for any of the prohibited acts in § 152-2 above.
[Adopted 8-13-2012 by L.L. No. 7-2012]
No person shall litter, leave, clutter, throw, discharge, discard, abandon, dump, store or keep any nuisance, hazard or litter, as defined in § 152-1 of this Code, on any public street, public road, public place, public property or any privately owned property open to the public, regardless of whether or not said privately owned property is temporarily closed to the public.
No person shall post, display or carry any handbill, placard, notice, sign or advertisement of any kind whatsoever or print, paint, stamp, deface or otherwise mark any words, letters, figures, signs or tokens of any sort or kind for any purpose in or on any flagstone, curbstone, sidewalk, landscaped area, utility pole, tree or fence within 10 feet beyond the edge of the paved portion of any road, as such roads are shown on the Official Map of the Village of Haverstraw, or upon any Village-owned property.
Section 152-8 shall not apply to the posting of public notices by any department or official of the Village, town, county, state or federal government. This section does not apply to any privately owned property; however, any sign or posting placed within the distances listed above must have permission of the owner of said private property.
Any person committing an offense against any provision of this article 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. Each day's continued violation of any provision of this article will constitute a distinct and separate offense.
The Village of Haverstraw Superintendent of Public Works, the Building Inspector and any Code Enforcer, and such additional employees of the Village as may be designated thereby, are hereby authorized to remove, destroy or discard any material or remove any defacement placed, posted, stamped or marked in violation of § 152-8 in as timely and regular a manner as practicable. The Superintendent of Public Works, the Building Inspector and Code Enforcer are further authorized to prepare a bill of costs for said removal for the reimbursement of the costs of removal and disposal by the offending person, organization or corporation. Any lawful means of collection may be employed to recover the actual costs for removal and disposal of such material or defacement. Enforcement of any provision of this article is to be performed by Village officials with code enforcement authority.
For the purposes of any prosecution pursuant to § 152-8, it shall be presumed that the vendor or provider of the specified product, service or entertainment contained in the handbill, placard, notice or advertisement is a person who or organization or corporation which placed such handbill, placard, notice or advertisement or caused it to be placed upon the property. In the case of a noncommercial posting, the organization supporting the dissemination of the information or the person, corporate or natural about whom the message was posted shall be presumed to be the organization or person who posted the same for any prosecution pursuant to § 152-8.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.