[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-17-2010 by L.L. No. 4-2010.[1]]
[1]
Editor’s Note: This local law also repealed former Ch.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:
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.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
Throw or deposit litter upon any open or vacant private premises
or any inhabited premises, whether owned by such person or not.
A.
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.
B.
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.
[Amended 10-17-2022 by L.L. No. 3-2022]
Any person, association, organization, corporation, company or business entity 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; and 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. 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.
[Amended 10-17-2022 by L.L. No. 3-2022]
Any person, association, organization, corporation, company
or business entity who violates any provision of this article shall
be guilty of a violation punishable by a fine not exceeding $1,000;
and 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.
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.
