[HISTORY: Adopted by the Town Board of the
Town of Ramapo 1-9-1985 by L.L. No. 1-1985. Amendments noted where
applicable.]
This chapter shall be cited and may be referred
to hereinafter as the "Littering Law of the Town of Ramapo."
It is the intention of the Town Board of the
Town of Ramapo by the adoption of this chapter to prevent the maintenance
of any parcel of real property in the unincorporated areas of the
Town of Ramapo in a cluttered or unclean condition which renders it
aesthetically offensive or creates the potential for a public nuisance
or a public health hazard.
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein. 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.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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 the public health, safety and welfare;
this includes the abandoning of vehicles or the stripping and junking
of any vehicles.
A park, reservation, playground, beach, recreation center
or any other public area in the Town, owned or used by the Town and
devoted to active or passive recreation.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
All publicly owned property, including any and all streets,
sidewalks, highways, basements, boulevards, alleys or other public
ways; any and all public parks, squares, spaces, grounds, buildings
and school property; posts, hydrants, trees, street lamps, utility
poles and traffic signs; and anything affixed thereto and thereover.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, automobile parts and solid market
and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
materials.
The Town of Ramapo.
No person shall throw, deposit or place or permit
to be deposited or scattered in or upon any street, lot, sidewalk
or other public place, or upon any private property within the Town,
any litter or other material of any kind, except in public or private
receptacles for collection or in official Town dumps.
Persons placing litter in public or private
receptacles shall do so in such a manner as to prevent it from being
carried or deposited by the elements upon any street, lot, sidewalk
or other public place or upon any private property.
A.
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 private receptacles for collection.
B.
All gas stations, service stations, auto repair shops
and stores engaged in the sale of auto parts and/or the repair of
motor vehicles shall construct a durable container, shed or solidly
fenced-in area for the storage of all miscellaneous motor vehicle
parts, such as tires, mufflers, batteries, etc., such list not being
all inclusive. No storage outside these areas shall be permitted.
The container and its location must be approved by the Building Inspector
or his representative and be at least six feet in height and its contents
not visible from the street.
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 or places of business
shall keep the sidewalk in front of their premises free of litter.
No person shall throw, deposit or place or permit
to be deposited or scattered in or upon any park property or upon
any pond, lake, stream or other body of water in a park or elsewhere
within the Town any litter or other material of any kind. All such
material is to be deposited in public receptacles, where available,
and where receptacles are not available, litter is to be removed from
the park by the person responsible for its presence and properly disposed
of elsewhere. All litter or other such material shall be placed in
receptacles in such a manner as to prevent it from being carried or
deposited by the elements upon any part of the park or upon any street
or other public place.
The enforcement official as designated in Chapter 376, Zoning, § 376-140 of the Code of the Town of Ramapo shall have the power, right and authority to serve a notice of violation upon the owner or the agent thereof of any property which is determined to be in violation of this chapter. Such notice shall be served personally or by certified mail, return receipt requested, upon the last known owner of said property, as shown on the last complete tax assessment roll of the Town. The notice shall give such owner 10 days after service of the notice to correct such violation, during which time the owner shall properly remove or cause to be removed such litter or other material from said property.
A.
In the event that all such litter or other material shall not be removed within the time specified in the notice to remove, the Town Board shall hold a hearing, upon five days' public notice, to determine whether the continued deposit of such materials is aesthetically offensive or constitutes a public nuisance or a public health hazard. Notice of such hearing shall be given to the owner of the property in the manner specified in § 178-9 hereinabove at least five days prior to such hearing.
B.
If after such hearing the Town Board deems the continued
deposit of such materials to be aesthetically offensive or to constitute
a public nuisance or a public health hazard, it shall give notice
of such findings by certified mail addressed to the owner of record
of such property at the address shown on the last complete tax assessment
roll. Such notice shall further state that if at least 10 days elapse
from the service thereof and the violation has not been fully corrected,
the Town Board will cause the violation to be corrected, and that
the entire expense of such correction shall be assessed against such
property.
C.
If a period of at least 10 days elapses from the service of the notice required by § 178-10B hereinabove and the violation has not been fully corrected, the Town Board shall proceed to take whatever action is necessary to cause the litter or other material to be removed from such property. The total expense of such removal shall be assessed against such property by the Town Board in the manner provided in § 178-10D hereinbelow.
D.
The Town Board shall serve personally or by certified
mail upon the owner of record of such property at the address shown
on the last complete tax assessment roll a written notice stating
that, at a time and place specified therein, it will assess the expense
of such removal against such property. Such notice shall be served
at least eight days previous to the time specified therein. If directed
against a corporation, it may be served upon the corporation at its
principal place of business, upon an agent of the corporation within
the Town or upon the Secretary of State. Notice served upon the Secretary
of State shall be served at least 12 days previous to the time specified
therein. At the time and place so specified, the Town Board shall
hear the parties interested and shall thereupon finally determine
the assessment, stating therein the name of each owner and the amount
so assessed. The amount so assessed shall constitute a lien on the
real property on which it is levied until paid or otherwise canceled
pursuant to law and shall be collected in the manner fixed by law
for the collection of Town taxes.
[Amended 1-14-1987 by L.L. No. 1-1987]
The Police Department of the Town of Ramapo and/or the enforcement official as designated in Chapter 376, Zoning, § 376-140 of the Code of the Town of Ramapo shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this chapter.
A.
Any person who shall refuse or neglect to comply with the conditions of any notice as provided for by this chapter shall be guilty of a violation of this chapter. In addition to any other penalty or remedy herein provided, each and every violation of this chapter shall be deemed a Class 4 violation, as defined in Chapter 1, § 1-15 et seq., of the Revised Code of the Town of Ramapo and shall be punished according to the provisions thereunder.
[Amended 2-6-2012 by L.L.
No. 2-2012]
B.
In the case of continuing violation of this chapter,
each week that such violation exists shall constitute a separate and
distinct Class 4 violation.
[Amended 2-6-2012 by L.L.
No. 2-2012]
C.
In addition to all other remedies provided for herein,
the Town Board may also enforce obedience to this chapter by injunction
or by any other remedy available to it by virtue of the judicial process.
