[HISTORY: Adopted by the Town Board of the
Town of Islip 6-28-1966; amended in its entirety 8-16-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Garbage and rubbish — See Ch. 21.
The purpose of this chapter is to accomplish litter control
in the Town and pursuant to the general laws of the State of New York
to adopt basically uniform and coordinated litter control local legislation
throughout the state. This chapter is intended to place upon all persons
within the Town the duty of contributing to the public cleanliness
and appearance of the Town in order to promote the public health,
safety and welfare and to protect the economic interests of the people
against the health and safety menace and the expense incident to the
littering of the streets and public places by the promiscuous and
uncontrolled distribution of advertising matter and commercial and
noncommercial handbills.
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.
A litter storage and collection container which is durable,
rust-resistant and capable of being tightly sealed. Receptacles used
for the storage of garbage shall, in addition thereto, be nonabsorbent,
watertight, easily washable and equipped with handles and shall not
exceed 30 gallons in capacity. Biodegradable bags shall be deemed
authorized private receptacles for the storage and collection of grass
cuttings and leaves.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature,
excluding newspapers:
Which advertises for sale any merchandise, product, commodity,
or thing; or
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which directs attention to or advertises any meeting. theatrical
performance, exhibition or event of any kind for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this clause shall not apply where an admission fee is charged
or a collection is taken up for the purpose of defraying the expenses
incident to such meeting, theatrical performance, exhibition or event
of any kind when information which is not restricted under the ordinary
rules of decency, good morals, public peace, safety and good order;
provided that nothing contained in this clause shall be deemed to
authorize the holding, giving or taking place of any meeting, theatrical
performance, exhibition or event of any kind without a license, where
such license is or may be required by any law of this state or under
any ordinance of this City; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Any store, office building or group thereof; any professional,
institutional, mercantile or industrial premises, and all yard and
parking areas thereof; any vacant or unimproved commercial, business
or industrial property.
All waste material, including rubbish, which tends to create
a danger to public health, safety and welfare or creates unsightliness
.
Any publication or 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 the federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and in addition thereto, means and includes
any periodical or current magazine regularly published with not less
than four issues per year and sold to the public.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, magazine, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature
not included in the aforesaid definitions of "commercial handbill"
or "newspaper."
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any 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.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
Any house, building or other structure designed or used,
either wholly or in part, for a single-family or multiple-family dwelling,
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, including any vacant or unimproved residential
property.
The unincorporated areas in the Town of Islip.
No person shall dispose of litter in or upon public, private
or commercial property within the Town except in public receptacles,
in authorized private receptacles for collection or in official disposal
areas. 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 upon any street, sidewalk or other
public, private or commercial property. No person shall dispose of
handbills upon vehicles without the consent of the owner of the vehicle.
Any person owning, occupying or in control of residential or
commercial property shall maintain such property, including the sidewalk
and street in front thereof, free of litter.
A.
Authority to remove. In the event that the owner, occupant or person
in control of such land shall fail to remove litter in the Town, including
unregistered motor vehicle(s), vehicle parts and machinery, the Town
shall have the authority as provided for herein to enter onto such
land and clean the same and charge the cost of expense of such action
against the owner and establish a lien in the manner herein provided.
B.
Town Board action. Any owner of real property in the Town shall be
required to remove the litter which exists upon his land when directed
to do so by resolution of the Town Board, pursuant to the authority
provided under Town Law § 64(5).
C.
Notice to be served. Whenever the Town Board shall adopt a resolution
requiring the owners of land to remove litter which exists thereon,
the Town Board shall specify the time within which such work shall
be completed. Such notice shall set forth, with reasonable certainty,
the location at which the condition exists and the manner in which
the removal work shall be performed. The owners shall be given at
least 10 days from the date of the mailing of the notice during which
the work shall be performed, and, in any event, such notice shall
grant a reasonable time giving due consideration to the amount of
accumulation of rubbish or debris and the location thereof. Notice
of the adoption of a resolution requiring the removal work shall be
served upon the owners of the property at which the condition exists,
by certified mail, addressed to the last known address of said owner.
D.
Failure to comply. Whenever a notice or notices referred to in § 32-5C of this chapter have been served and the owner shall neglect or fail to comply with such notice within the time provided therein, the Town Board shall authorize the work to be done and shall provide for the cost thereof to be paid from general Town funds as directed by resolution.
E.
Manner of assessment of cost upon real property. In any case where
it shall be necessary for the Town Board to have the work performed
due to the failure of the owner to comply with the Town Board's resolution,
the Town shall be reimbursed for the cost of the work performed or
the services rendered at its direction, by assessment or levy upon
the lots or parcels of land where such work was performed or such
services rendered. All costs actually incurred by the Town upon each
lot or parcel and the charge therefor shall be assessed and collected
in the same manner and in the same time as other ad valorem Town charges.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Town, nor shall any person hand out or distribute or sell any
commercial handbill in any public place; however, it is not unlawful
on any sidewalk, street or other public place within the Town for
any person to hand out or distribute, without charge to the receiver
thereof, any noncommercial handbill to any person willing to accept
it.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private residence or other private property
which is temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private residence or other private
property, if requested by anyone thereon not to do so, or if there
is placed on the residence or property in a conspicuous position near
the entrance thereof a sign bearing the words: "No Trespassing," "No
Peddlers or Agents," "No Advertisement," or any similar notice, indicating
in any manner that the occupants of the residence or property do not
desire to have their right of privacy disturbed or to have any handbills
left upon such premises.
A.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon any private residence which is inhabited, except
by handing or transmitting any such handbill directly to the owner,
occupant, or other person then present in or upon such private residence;
provided, however, that in case of an inhabited private residence
which is not posted, as provided in this chapter, such person, unless
requested by anyone upon such residence not to do so, may place or
deposit any such handbill in or upon such inhabited private residence,
if such handbill is so placed or deposited as to secure or prevent
such handbill from being blown or drifting about such residence or
sidewalks, streets, or other public places, and except that mailboxes
may not be so used when so prohibited by federal postal law or regulations,
and in no event shall such handbill be placed or deposited upon the
curb, sidewalk, driveway or front, rear or side yard.
B.
Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States or to newspapers (as defined in § 32-2) except that newspapers shall be placed on private residences or other private property in such manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private residences or other private property.
[Amended 2-7-2023]
Any person who shall violate any of the provisions of this chapter
or who shall fail to comply therewith or with any of the requirements
thereof shall be guilty of an offense and, upon conviction thereof,
a fine of not less than $250 nor more than $1,000 must be imposed,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, a fine
of not less than $1,000 nor more than $2,500 must be imposed; and,
upon conviction for a third or subsequent offense, all of which were
committed within a period of five years, a fine of not less than $2,500
nor more than $5,000 must be imposed.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
