[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster 5-25-1988 by L.L. No. 1-1988 (Ch.
111 of the 1992 Code); amended in its entirety 5-15-1996 by L.L. No. 1-1996. Subsequent amendments noted where applicable.]
A clean, wholesome, attractive environment is
declared to be of importance to the health, safety and welfare of
the inhabitants of the Village, the safeguarding of their material
rights against unwarrantable invasion, the protection, preservation
or maintenance of property values and the minimizing of nuisances
as well as protection against health hazards.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
Relinquishment of any item of personal property and/or litter
with the intention of not reclaiming it or resuming its own ownership
or enjoyment. Intent shall be presumed at the expiration of 24 consecutive
hours from the time of abandonment.
Waste animal or vegetable matter, such as material from a
kitchen, store, delicatessen, restaurant, food stand, etc.
Includes:
Garbage, refuse, trash or rubbish or any nauseous
or offensive material.
All waste materials customarily handled or collected
by refuse collectors or junk dealers.
Items known as "junk," regardless of 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, vehicles, machines, farm equipment or parts of
vehicles or machines or equipment.
Signs, handbills, discarded reading material,
newspapers, magazines or similar paper goods.
Cans, bottles, containers, boxes, cartons or
wrappers, with or without contents.
Shall not include:
Equipment in actual use by the owner of property
for farming, gardening or construction of improvements on the property
site.
Vehicles carrying current registration plates,
unless abandoned by the owner thereof for 24 hours or more.
Construction materials, reserved and stored
upon premises for future use upon said premises, except that same
must be stored and stacked in an orderly fashion and be free from
debris not intended or designated to be used in such future construction.
Such materials shall not be stored in any front yard nor within 25
feet of rear or side yards.
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.
Recreation equipment in actual use by the owner
of the property and his family or his tenants.
Covered garbage pails or containers, not plastic bags.[1]
Includes an individual, partnership, corporation or other
legal entity or association, organization or company.
Includes throwing from a vehicle of any type or from an aircraft
or boat.
That area consisting of the Incorporated Village of Brewster.
A.Â
No person shall throw, deposit or abandon litter on
any property within the Village, whether public or private and whether
or not owned by such person, nor shall any property owner use his
land for dumping of litter or permit 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.
[Amended 10-20-2004 by L.L. No. 3-2004]
B.Â
Litter not contained in receptacles as aforesaid shall
not be stored or piled on land within the Village 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 cases shall not be so stored in anticipation
of such collection for a period in excess of 12 hours.
D.Â
No person shall throw or deposit or abandon litter
upon any open or vacant property within the Village regardless of
the ownership thereof.
E.Â
No person shall throw or deposit or abandon litter
in or upon any street, highway, walk, park, parking area or other
public place within the Village except in public receptacles; provided,
however, that no litter defined as "garbage" shall at any time be
thrown or deposited in public receptacles unless such receptacles
are specifically designated and marked for the reception of garbage.
F.Â
No person owning or operating a place of business
shall sweep or deposit litter from any building or lot in or onto
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.
G.Â
No person shall throw or deposit or abandon any litter
or foreign matter of any kind whatsoever in any fountain, pool, pond,
lake, stream, culvert, reservoir or its tributaries or watershed or
any body of water in a park or elsewhere within the Village, except
that this provision shall not prohibit the authorized treatment and
control 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, Village or watershed authorities
having jurisdiction over such treatment or such permits.
H.Â
Signs or posters advertising an event shall be removed
by the person or organizations responsible for the erection or affixing
of such signs or posters within five days after the happening of the
advertised event.
[Amended 12-2-2009 by L.L. No. 5-2009]
I.Â
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 Village as a dumping ground for the benefit
of the owner or any other person.
J.Â
All private litter receptacles placed curbside for
collection shall be placed curbside no earlier than 6:00 p.m. of the
day prior to the designated day of collection. All litter receptacles
must be removed from curbside by 11:59 p.m. of the designated pick-up
day.
[Amended 10-20-2004 by L.L. No. 3-2004; 3-4-2009 by L.L. No. 1-2009]
K.Â
In the event any litter and/or garbage shall be deemed
abandoned, the Village may cause the litter and/or garbage to be removed
and to charge back the property owner for the cost and expense of
removing said litter and/or garbage.
L.Â
Notwithstanding anything to the contrary within this chapter, no private litter receptacles shall be permanently stored in any front yard, as such term is defined in Chapter 263, Zoning, § 263-3, or within public view in any side or rear yard as such terms are so defined within Chapter 263, Zoning, § 263-3.
This chapter and the penalties provided herein
shall be in addition to and not in substitution of the rights and
remedies of the Village of Brewster and its inhabitants, at law and
in equity, under the Penal Law, Public Health Law, Vehicle and Traffic
Law, Putnam County Sanitary Code or the Zoning Ordinance or any and
all laws or ordinances relating to the conduct or activities similar
to those prohibited herein.
[Amended 10-20-2004 by L.L. No. 3-2004]
A.Â
An offense against the provisions of this chapter
shall constitute a violation under the Penal Law and shall be punishable
by a penalty not to exceed $250 or by imprisonment for not more than
15 days, or both.
[Amended 3-4-2009 by L.L. No. 1-2009]
B.Â
In addition to the above-provided penalties and punishment,
the Village of Brewster Board of Trustees may also maintain an action
or proceeding in the name of the Village in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of such chapter.
[Added 3-4-2009 by L.L. No. 1-2009]
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.
