[HISTORY: Adopted by the Board of Trustees of the Village of Suffern 12-10-1973. Section 168-16 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter shall be known as the "Village of Suffern Anti-Litter Ordinance."
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 number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Terms defined. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle as required and authorized in the Village Garbage Local Law.
- 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 public health, safety and welfare.
- Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law, and, in addition thereto, shall include any periodical or current magazine regularly published with not fewer than four issues per year and sold to the public.
- A park, reservation, playground, beach, recreation center or any other public area in the Village owned or used by the Village and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles 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, leaves, wood, glass, bedding, crockery and similar materials.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
- The Village of Suffern.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village 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, sidewalk or other public place or upon private property.
No person shall sweep into or deposit in any gutter, street or other public place within the Village 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 in front of their premises free of litter.
[Amended 7-9-2007 by L.L. No. 9-2007]
No person owning or occupying a place of business shall sweep, deposit or cause to be removed to or into the gutter, sidewalk, street or other public place litter, refuse, garbage, gum or any abandoned or discarded matter of any kind.
The owner, tenant, occupant or person in charge of a place of business shall keep the sidewalk in front of their premises free of litter, refuse, garbage, gum or any abandoned or discarded matter of any kind.
The owner, tenant, occupant or person in charge of a place of business shall cause all litter, refuse, garbage, gum or abandoned or discarded matter of any kind to be removed forthwith upon their deposit or upon notice from a Village of Suffern Police Officer, Code Enforcement Officer or agent or employee of the Village of Suffern.
The owner, tenant, occupant or person in charge of a place of business shall keep the sidewalk in front of their premises free of all distractions, displays, bicycles, obstacles and other objects which interfere with or impede pedestrian passage or otherwise diminish the area of the sidewalks available for public use and shall ensure that trees, signs or other public property is not utilized for the chaining, parking or storage of bicycles or other matter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Village or upon private property.
No person shall 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; nor shall any person 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, mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall throw or deposit in any park within the Village 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 upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the Village.
No person shall 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 shade tree or upon any public structure or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles 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 any private property.
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 authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Village, whether owned by such person or not.
[Amended 10-12-1978 by L.L. No. 7-1978]
Notice to remove. The Superintendent of Public Works or the Housing Inspector is hereby authorized and empowered to notify the owner or the agent of such owner of any open or vacant private property within the Village to properly dispose of litter located on such owner's property which is dangerous to the public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner at his last known address.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice as provided for in Subsection A above or within 20 days after the date of such notice in the event that the same is returned to the Village by the Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Superintendent of Public Works or the Housing Inspector is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Village.
Charge included in tax bill. When the Village has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Village, and said charge shall be due and payable by said owner at the time of payment of such bill.
Recorded statement constitutes lien. Where the full amount due the Village is not paid by such owner within 10 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the Superintendent of Public Works or the Housing Inspector shall file a sworn statement with the Village Clerk showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Amended 9-9-1985 by L.L. No. 5-1985]
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be punished as provided in § 1-12 of Chapter 1, General Provisions. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable hereunder. In addition to all other persons authorized to enforce the provisions of this chapter, the Village of Suffern Parking Authority parking enforcement aides are authorized to enforce the provisions of §§ 168-5 and 168-6 of this chapter.