[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-10-1992 by L.L. No. 2-1992[1] (Ch. 23 of the 1975 Code)]
[1]
Editor's Note: This local law also repealed former Ch.
23, Advertisements and Handbills, adopted 7-25-1932 by Ord. No. 33.
The purpose of this article is to promote and protect the public
health, welfare and safety by regulating the distribution of commercial
and advertising literature, such as handbills, circulars, cards and
other advertising matter in the Village. It is not the intent of this
article to prohibit the distribution of such items. Its intent is
to regulate the place and manner of the distribution of such items
in a narrowly tailored manner, affording other reasonable opportunities
for the distribution of such items, in order to serve and advance
the significant and legitimate governmental interests identified herein.
Also, this article is content neutral. To allow such commercial matter
to be thrown into the streets, avenues, highways, sidewalks or any
public places or upon any vehicle thereon or in the front yards of
residences in the Village creates an unpleasant and aesthetically
offensive appearance. In addition to littering, this manner of distribution
constitutes a hazard to pedestrians and traffic, particularly in rain
or snowy weather conditions. Regulating the distribution of such items
so as to prevent their being thrown into these places will protect
property values, create a more attractive economy and business climate,
enhance and protect the physical appearance of the community, preserve
the scenic and natural beauty of the Village and provide a more enjoyable
and pleasing community and reduce hazards to pedestrians and to traffic.
Furthermore, such regulation would not interfere unreasonably with
the dissemination of this commercial material by other means, such
as by mail or by placing the items on the doors of the private residences
or by leaving them on the porch steps of private residences, and these
other means are sufficient and adequate for such commercial communication.
It shall be unlawful for any person to throw, cast or place
in or upon any street, avenue, highway, sidewalk or public place or
any vehicle thereon any handbills, circulars, cards or any other advertising
or commercial matter whatsoever.
It shall be unlawful for any person to throw, cast or place
in or upon the front yard, the front walkway (not including the porch
steps) or the driveway of any residence in the Village any handbills,
circulars, cards or other advertising or commercial matter whatsoever,
unless otherwise subscribed to in advance by the recipient.
It shall be unlawful for any person to operate a motor vehicle, motorcycle or bicycle from which that person or any passenger throws, casts or places any handbills, circulars, cards or other advertising or commercial matter whatsoever in or upon the prohibited areas in §§ 341-2 and 341-3 of this article.
Any person violating any provision of this article shall be
guilty of an offense as established by the Penal Code and be liable
for and forfeit and pay a penalty not exceeding $250 or 15 days' imprisonment,
or both. Each week's continuous violation shall constitute a
separate additional violation.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A clean, wholesome and attractive environment is declared to
be of vital importance to the health, safety and welfare of the inhabitants
of the Village of Farmingdale, as is the safeguarding of their material
rights against unwarrantable invasion and the protection of public
health. In addition, such an environment is deemed essential to the
maintenance and continued development of the economy of the Village
of Farmingdale and the general welfare of its citizens.
As used in this article, the following terms shall have the
meanings indicated:
Garbage, refuse and rubbish as defined herein and all other
disposed-of materials which, if thrown or deposited as herein prohibited,
tend to create a danger to public health, safety and welfare or that
create an unattractive visual image (eyesore) to the general public.
Any individual, head of household, landlord, tenant, association,
corporation, agent, Chief Executive Officer, owner or manager of a
commercial or industrial establishment and all entities of any kind
capable of being sued.
It shall be unlawful and a violation of this article for any
person, firm or corporation to place upon or permit to accumulate
upon any public street or sidewalk or other public place in the Village
any trash, papers, garbage, rubbish, empty containers or other offensive
materials, except in public receptacles or in authorized private receptacles.
No person, while a driver or a 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 so as to prevent any land contents or
litter from being blown or deposited upon any street, alley or other
place.
A.
No person shall throw or deposit litter on any vacant or occupied
private property within the Village, whether owned by such person
or not.
B.
Exceptions.
(1)
The owner or person in control of private property may maintain authorized
receptacles for collection in such a manner that garbage, refuse and/or
rubbish will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private property.
(2)
The owner or person in control of private property which actively
collects used or disposed-of materials by others for recycling, reuse
or distribution to third parties may maintain storage bins for such
collections, provided that:
(a)
Items which do not fit within said bins shall be placed in a
separate area which is screened from the general public view.
(b)
Bins are regularly maintained and emptied such that donated
items do not spill over onto the surrounding ground and are not visible
to the general public. In the inadvertent event of spillover, no items
in the public view shall be unattended for a period greater than 12
hours.
A.
No person shall sweep into or deposit in any gutter, street or other
public place within the Village the accumulate of litter from any
building or lot or from any public or private sidewalk or driveway.
B.
Persons owning property or occupying property shall keep the sidewalk
in front of their premises free of litter.
A.
Nothing in this article shall be construed as denying any person
the right to maintain a mulch pile or accumulation of grass cuttings,
leaves or other inoffensive materials on his own or leased property
as long as dust, odors or other nuisances are not permitted to develop
from the resulting compost.
B.
Nothing in this article shall be construed as denying any person
the right to use ashes or other clean material as fill on his property
so long as dust or any other nuisance is not permitted to develop
therefrom.
A.
Any person that commits or permits any act or acts in violation of
any of the provisions of this article shall have been deemed to have
committed an offense (violation) and shall be punishable by a fine
of not more than $250 or imprisonment not to exceed 15 days, or both.
B.
Each twelve-hour period that a violation of this article continues
shall be and does hereby constitute a separate and distinct offense
and violation subject to the penalties herein stated.
C.
In addition to the above-stated penalties and punishment, the Village
Board of Trustees may institute and maintain an action or proceeding
in the name of the Village of Farmingdale in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of any section of this article.
