A.
Word usage. When not inconsistent with the context,
words used in the present tense include the singular, words used in
the singular number include the plural, and words in the masculine
include the feminine. The word "shall" is always mandatory and not
merely directory.
B.
LITTER
PERSON
PUBLIC PLACE
VEHICLE
Definitions. For the purpose of this article, the
terms used herein are defined as follows:
Garbage, refuse and rubbish, as defined herein, and all other
waste material, which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare or tends
to create blight.
Includes a corporation, a joint association or a partnership
as well as an individual.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway or public street.
It is hereby found and declared that certain
occupations and businesses engaged in the trucking, removing, transporting
and conveying of sand, stone, gravel, stone dust, fly ash, ashes,
bulk cement or other materials giving off solid particles of matter
in or by means of overly laden or uncovered motor vehicles operated
upon or along the streets and public places of the Incorporated Village
of Haverstraw have constituted and do constitute a public nuisance
and have caused and continue to cause great annoyance and damage to
persons and property within the Incorporated Village of Haverstraw
and endanger the safety and welfare of the inhabitants of the Village,
all by reason of the unnecessary spillage from said vehicles or the
unnecessary emissions of and the unnecessary contamination of the
atmosphere by debris, dust, particles of matter, odors or other pollutions
from said vehicles. It is further found and declared that it is necessary
and desirable to regulate said occupations and businesses to control
and reduce said spillage, emissions and contamination for the general
welfare, health and safety of the inhabitants of the Village. The
necessity for such regulations by the Board of Trustees through the
enactment of this article is hereby declared as a matter of legislative
determination, and this article shall be construed liberally to effectuate
its purposes.
It shall be unlawful to drive or move any truck
or other vehicle or for the owner of any vehicle to permit another
to 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 or private property.
It shall be unlawful to operate or for an owner
to permit another to operate on any public street in the Village any
vehicle utilized for the transportation of earth, sand, ashes, stone,
gravel or loose substances where such load extends above the height
of the sides or rear of the vehicle, unless such load shall be securely
covered by a canvas or other suitable cover.
No person shall drive or move any vehicle or
truck within the Village, the wheels or tires of which carry onto
or deposit in any street, alley or other public place sticky substances
or foreign matter of such kind which adheres to the road surface.
[Amended 10-17-2022 by L.L. No. 3-2022]
Any person, association, organization, corporation,
company or business entity violating any of the provisions of this
article, upon conviction, shall be liable for a fine of not less than
$200 nor more than $500; which charge, under this article, shall be
a petty offense or infraction, and not a crime. The continuation or
repeat of a violation of, or failure to comply with, any provision
of this article shall constitute, for each occurrence that transpires
or each day on which the violation continues, a separate and distinct
charge hereunder.
Should any section, paragraph, sentence, clause
or phrase in this article be declared unconstitutional or invalid
for any reason, the remainder of this chapter shall not be affected
thereby and shall remain in full force and effect, and to this end
the provisions of this article are declared to be severable.
This article shall take effect immediately after
it has been duly published.
