[HISTORY: Adopted by the Village Board of the Village of Port Chester:
Art. I, 6-20-1966; Art. II, 3-2-1988
as L.L. No. 3-1988. Amendments noted where applicable.]
[Adopted 6-20-1966]
No person shall throw, cast or distribute or cause to be thrown, cast
or distributed any commercial handbill, circular card or other commercial
advertising matter whatsoever, in or upon any store or public place or in
a front yard or courtyard, or any stoop or in the vestibule or any hall of
any building or letter box thereon, or in or upon any motor vehicle, provided
that nothing herein contained shall be deemed to prohibit or otherwise regulate
the delivery of any such matter by the United States Postal Service, or prohibit
the distribution of sample copies of newspapers regularly sold by the company
or by annual subscription, or samples of goods or merchandise. This section
is not intended to prevent a lawful distribution of anything other than commercial
or business advertising matters.
If any section of this Article or part thereof shall be held to be unconstitutional
or invalid by any court of competent jurisdiction, the remaining provisions
of this Article shall not be affected thereby but shall remain in full force
and effect.
Any person violating the provisions of this Article or any part thereof
shall be liable for and forfeit a penalty not exceeding $100 for each offense.
And in addition thereto said violation shall constitute disorderly conduct
and the person violating the same shall be a disorderly person.
[Adopted 3-2-1988 as L.L. No. 3-1988]
A.
AUTHORIZED RECEPTACLE
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
For the purposes of this Article, the following terms,
phrases, words and their derivations shall have the meanings given herein:
A litter, garbage or refuse storage and collection receptacle as
required and authorized by law, as provided by the village for the use of
the public.
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper or booklet or any other printed or otherwise reproduced
original or copies of any matter of literature which:
Advertises for sale any merchandise, product, commodity or thing.
Directs attention to any business, mercantile or commercial establishment
or other activity for the purpose of either directly or indirectly promoting
the interest thereof by sales.
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.
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.
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 endanger
the public health and safety and the aesthetic value of the property in relation
to the village or causes untidiness or disorder within the village.
Any newspaper of general circulation, whether the same is paid or
free or whether it is primarily designed to report the news or as a form of
commercial advertising, which is either delivered locally or through the mail.
It is intended that this definition of "newspaper" be given a broad interpretation
to cover all local, regional, statewide or national newspapers.
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, newspaper, magazine, paper or booklet or any other printed
or otherwise reproduced original or copies of any matter of literature not
included in the aforesaid definitions of a commercial handbill or newspaper.
A park, reservation, playground, beach, 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.
Unimproved property, dwelling, house, building or other structure
designed or used either wholly or in part for private 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.
All putrescible and nonputrescible solid wastes except body wastes,
including garbage, rubbish, ashes, 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, glass, bedding, 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 used exclusively
upon stationary rails or tracks.
B.
Word usage. 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 sweep into or deposit litter in or upon any street,
sidewalk, alley, parking lot or other public place within the village. The
public shall place any and all litter, except domestic, commercial and industrial
litter, in public receptacles in such a manner that it may not be scattered
by the elements.
No person shall sweep into or deposit in any gutter, street or public
place within the village the accumulation of litter from any building or lot,
from any public or private sidewalk or driveway or from the space between
the sidewalk and the curbline.
No person, while in a vehicle, shall throw or deposit litter upon any
street or other public place or upon private property.
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 discharged therefrom.
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 and scattered by the elements upon any part of
the park or other place. Where public receptacles are not provided, all such
litter shall be carried away from the park by the person responsible for its
presence and shall be properly disposed of in authorized private receptacles.
A.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within the
village, nor shall any person hand out or distribute or sell any commercial
handbill in any public place; provided, however, that it shall not be unlawful,
on any sidewalk, street or other public place within the village, for any
person to hand out or distribute, without charge to the receiver thereof,
any noncommercial handbill to any person willing to accept it.
B.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle.
C.
No person shall throw or deposit any litter or commercial
or noncommercial handbill in or upon any private premises, whether occupied
or vacant or temporarily or continuously uninhabited.
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 private receptacles
for collection in the rear of the premises or, where this is impractical,
such place as designated by the Building Inspector.
A.
Notice to remove. The Board of Trustees or the Village
Manager is hereby authorized and empowered to notify the owner of any private
property within the village, or the agent of such owner, to properly dispose
of litter located on such owner's property which endangers the public
health or safety or the aesthetic value of the property in relation to the
village or causes disorderliness or untidiness. Such notice shall be personally
served or served by certified mail, addressed to said owner or agent at his
last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare or the aesthetic value within 10 days after receipt of notice as provided for in Subsection A above or within 15 days after the date of such notice in the event that the same is returned to 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 Board of Trustees or the Village Manager is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the village.
C.
Charge included in tax bill. When the village has effected
the removal of such litter or has paid for its removal, the actual cost thereof,
plus accrued interest at the rate of 6% per annum from the date of the completion
of 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.
D.
Recorded statement constitutes lien.
(1)
Where the full amount due the village is not paid by such owner within 30 days after the disposal of such litter as provided for in Subsections A and B above, then and in that case the Board of Trustees or the Village Manager shall cause to be recorded in the office of the Village Treasurer 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. Thereafter, by resolution of the Board of Trustees, the recordation of such sworn statement may become a lien on said premises 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.
(2)
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 10% 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.
(3)
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.
Any person committing an offense against this Article shall, upon conviction,
be subject to a fine not exceeding $250 or imprisonment for a term not exceeding
15 days, or to both such fine and imprisonment. The continuation of an offense
against the provisions of this Article shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
Nothing contained in this Article shall be deemed to prohibit actions
taken pursuant to specific permission granted by the Village Manager or Village
Engineer nor to limit the authority of said Village Manager or Village Engineer
to issue specific regulations for specific purposes pursuant to the Village
Code.
