[HISTORY: Adopted by the Board of Trustees of the Village of Port Jefferson 2-23-1972 (Ch. 27 of the 1970 Code). Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 151.
It is hereby found and declared that the general disregard of the populace in regard to littering throughout the confines of the Incorporated Village of Port Jefferson has constituted and does constitute a public nuisance and has caused and continues to cause great annoyance and damage to persons and property within the Incorporated Village of Port Jefferson and endangers the safety and welfare of the Village. It is further found and declared that it is necessary to legislate against such littering in order to control and reduce such littering in the interests of and for the general welfare, health and safety of the inhabitants of the Village. The necessity for such regulations by the Board of Trustees through the enactment of this chapter is hereby declared to be a matter of legislative determination and this chapter shall be construed liberally to effectuate its purpose.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein.
- Any equipment now or hereafter invented, used or designated for navigation or for flight in the air. The word aircraft shall include helicopters and lighter-than-air dirigibles and balloons.
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- A park, reservation, playground, recreation center or any other public area in the Village owned or used by the Village and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation company or organization of any kind.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designated or used, either wholly or in part, for private residential purposes, whether inhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, loose earth, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, grass, glass, bedding, household and commercial appliances, crockery and similar materials.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices moved exclusively upon stationary rails or tracks, except devices moved by human power.
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.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village, except in public receptacles or in authorized private receptacles for collection.
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 by the elements upon any street, sidewalk or other public place.
No person shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private driveway or sidewalk. Persons owning or occupying places of business within the Village shall keep the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Village.
No person shall 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.
No person shall drive or move any vehicle or truck within the Village, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances or foreign matter of any kind.
No person shall throw or deposit litter in any park within the Village except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the persons responsible for its presence and properly disposed of elsewhere.
No person shall throw or deposit litter in any fountain, pond, lake or stream or any other body of water in a park or elsewhere within the Village.
No person in an aircraft shall throw out, drop or deposit within the Village any litter, handbill or any other object.
No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Village, whether owned by such person or not.
Notice to remove. The Building Inspector or other enforcing officer is hereby authorized and empowered to notify the owner of any open or vacant private property within the Village or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by personal service or by certified mail addressed to said owner at his last known address.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to public health, safety or welfare, within 10 days after receipt of written notice provided for in Subsection A above or within 15 days after date of such notice in the event that the same is returned to the Village by the Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Building Inspector or other enforcing officer is hereby authorized and empowered to order its disposal by the Village.
Charges included in tax bill. When the Village has affected the removal, the actual cost thereof, plus accrued interest at the rate of six percent per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Village, and said charge shall be due and payable by said owner at the time of payment of such bill.
Recorded statement constitutes lien. Where the full amount due to the Village is not paid by such owner within 30 days after disposal of such litter, as provided for in Subsections A and B above, then and in that case, the Building Inspector or other enforcing officer shall cause to be filed in the Tax Collector's office of the Village a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of eight percent in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Amended 6-11-1992 by L.L. No. 4-1992; 12-16-2010 by L.L. No. 14-2010; 1-5-2015 by L.L. No. 1-2015]
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson.