[HISTORY: Adopted by the Town Board of the Town of North Salem 6-8-1982. Sections 137-8 and 137-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 115.
Zoning — See Ch. 250.
This chapter shall be known as and may be cited as the "North Salem Litter Control Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
ABANDON
The relinquishment of ownership of any item of personal property and/or litter with intention of not reclaiming it or resuming its ownership or enjoyment, and such intent shall be presumed at the expiration of 48 consecutive hours from the time of abandonment.
LITTER
A. 
Includes:
(1) 
Garbage, which shall include refuse, trash, rubbish or any nauseous or offensive matter.
(2) 
Items known as "junk," regardless of kind or size, discarded or abandoned by reason of obsolescence, age or state of repair or intended to be discarded, abandoned or junked, including but not limited to discarded household furnishings or appliances, crates, boxes, cartons, building materials, motor vehicles, machines, farm equipment or parts of vehicles or machines or equipment.
(3) 
Subject to the provisions of § 137-8 hereof, signs, handbills, discarded reading materials, newspapers, magazines or similar paper goods.
(4) 
Cans, bottles, containers, boxes, cartons or wrappers with or without contents.
B. 
"Litter" shall not include:
(1) 
Equipment in actual use by the owner of property for farming, gardening or construction or improvements on the property site.
(2) 
Firewood reserved and stored upon premises for future use upon said premises.
(3) 
Contractor's supplies or materials stored on premises during periods of construction for which a building permit has been issued and prior to issuance of a certificate of occupancy.
(4) 
Recreation equipment in actual use by the owner of the property and his family or his tenants.
PERSON
Includes an individual, partnership, corporation or other legal entity or association, organization, or company.
THROWING, DEPOSITING or ABANDONING
Includes throwing from a vehicle of any type or an aircraft or boat.
TOWN
The Town of North Salem, New York.
No person shall throw, deposit or abandon litter on any property within the Town, whether public or private, regardless of the ownership of such property, except in receptacles provided therefor, nor shall any property owner use his land for the dumping of litter or permit the dumping or accumulation of litter on his property by others, except that the owner or person in control of private property shall maintain private receptacles for the collection of litter in such a manner that litter will not be carried or deposited by the elements upon the yards or premises of others or upon the streets, roads, highways or public place or places of the Town.
Litter not contained in receptacles as aforesaid shall not be stored or piled on land within the Town except to facilitate delivery to the vehicle of a refuse collector, salvage dealer, licensed junk dealer or a person, firm or charitable organization customarily engaged in the removal, purchase, collection or salvage of discarded articles and, in such case, shall not be stored in anticipation of such collection for a period in excess of 48 hours.
Owners or persons in charge or control of all private property, whether resident thereon or not, shall at all times maintain the property free of litter except as provided in §§ 137-3 and 137-4.
No person owning or operating a place of business shall sweep or deposit litter from any building or lot in or into any street or public parking area; and the frontage of such business properties along streets, public parking areas or access drives leading to parking areas shall be kept free of litter.
No person shall throw, deposit or abandon any litter or foreign matter of any kind whatsoever in any fountain, pool, pond, lake, stream, culvert, reservoir or its tributaries, watershed or any body of water in a park or elsewhere within the Town, except that this provision shall not prohibit the treatment and control of private swimming pools or the authorized treatment of pools or reservoirs to control or regulate water purity or aquatic vegetation by persons or corporations having all required permits issued by state, County, Town or watershed authorities having jurisdiction over such treatment.
Signs or posters advertising an event shall be removed by the persons or organizations responsible for the erection or affixing of such signs or posters within the time frame designated in Ch. 250, Zoning.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The prohibitions contained herein against the deposit of litter shall include activities known as "dumping," the maintenance of dumps for any purpose, including landfill operations, or the use of any property in the Town as a dumping ground for the benefit of the owner thereof or any other person.
A. 
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
In addition to the above, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
C. 
The Zoning Enforcement Officer shall notify any person of an alleged violation of this chapter by such person by certified mail, return receipt requested, and if the violation is not cured within seven days of the mailing of such notice, each and every day after the seventh day shall constitute a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The provisions of § 137-3 of this chapter shall not apply to the owner of property used or maintained as a junkyard prior to the effective date of this chapter with regard to the storage on said property of old and dilapidated motor vehicles or other items customarily stored in junkyards, provided that such use is not illegal under any other governing statute or ordinance.