[HISTORY: Adopted by the Common Council of the City of Port Jervis as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-27-1964 as part of Ch. 18 of the 1964 Code of Ordinances (Ch. 117, Art. I of the 1981 Code)]
[Amended 2-26-2007 by L.L. No. 2-2007]
It shall be unlawful for any person to permit or allow a discarded refrigerator or one not in use to remain in any place accessible to children without removing the door, lid, or locking or fastening device.
Throwing handbills on private property. No person shall, without permission from the owner or occupant, throw or place or cause to be thrown or placed in any yard, doorway, porch, house or vestibule, dodgers or handbills which may litter such place or cause annoyance or inconvenience to such owner or occupant.
Distribution in public places. No person shall deposit, cast, strew or throw upon the streets or public places of said City, nor hand to or distribute among passersby or other persons upon any of the streets or public places of the City, any circulars, dodgers, handbills, printed or pictured papers, advertising matter or devices or any like material whereby the streets, alleys of places or the premises neighboring thereto are or may be or become littered or strewn or rendered unsightly, unclean, foul and offensive.
No person shall bathe in any creek, pond, millrace or river within the City except with suitable covering or bathing suit. Nothing in this section shall be so construed as to give the right to any person to bathe in any creek, pond, millrace or river within the City where the same is otherwise prohibited by law.
Editor's Note: Original § 117-4, Coin-operated amusement devices, which immediately followed this section, was deleted 2-26-2007 by L.L. No. 2-2007.
No person shall throw or deposit any substance into the Neversink River or into any creek, watercourse or drain within said City which may in any manner tend to interfere with the free passage of water within such river, creek, watercourse or drain.
No person shall discharge any fireworks or explosives of any kind in any public street, square or place in the City except at such time and place as the Mayor may designate; nor shall any person at any time discharge any instrument commonly known as a "toy pistol" in or upon which any loaded or blank cartridges are used, or discharge or explode any cannon firecracker which shall be more than five inches in length, or dynamite cracker or other firecracker containing a high explosive substance, within the limits of the City.
No person shall fire any cannon, gun, fire ball, firecracker, torpedo, fireworks or other explosives within the City without permission of the Mayor.
Editor's Note: Original § 117-8, Noises similar to emergency vehicles prohibited, which immediately followed this section, was deleted 2-26-2007 by L.L. No. 2-2007.
No person shall fire any slingshot or throw or cast any stone or other hard substance in any public street, square or place in the City, nor throw any snowball in such a manner as to endanger or annoy any person or animal.
It shall be unlawful for persons unnecessarily to assemble in any public street, square or place in said City in such numbers as to obstruct travel or annoy pedestrians.
Editor's Note: Original § 117-11, Vandalism; stone rolling, which immediately followed this section, was deleted 2-26-2007 by L.L. No. 2-2007.
No person shall discharge any firearms within the City, except that a duly organized rifle or sportsmen's club may operate and conduct a shooting range or shooting gallery within said City for its members or guests using small caliber rifles or pistols only, provided the same is operated and conducted in a place and under circumstances which will not create a nuisance or expose the public to danger, and provided the same is approved by the Chief of Police, who shall impose such rules and regulations for its operation as he shall deem necessary and proper in the premises.
[Added 3-9-1987 by L.L. No. 2-1987]
No person shall possess in a public place a loaded machine gun, rifle, shotgun or gas- or air-powered rifle/pistol within the corporate limits of the City of Port Jervis. The terms "machine gun," "rifle" and "shotgun" shall have the same definition as is set forth in § 265.00 of the Penal Law of the State of New York. This section shall not apply to any police officer in the discharge of his official duty.
[Added 2-26-2007 by L.L. No. 2-2007]
[Adopted 4-13-2009 by L.L. No. 3-2009]
Definitions and word use. As used within this section, the following terms shall have the meanings indicated:
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle of steel, aluminum or plastic of ten-to-thirty-five-gallons capacity, with tight cover or a larger steel container with closed lid.
- The City of Port Jervis
- Putrescible animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.
- Garbage, refuse, and rubbish as defined herein and all other waste material which, if thrown or deposited are herein prohibited, tend to create a danger to public health, safety and welfare, or tend to create blight.
- A park, reservation, playground, beach, recreation center or any other public area in the City, owned or operated by the City and devoted to active or active and passive recreation.
- Any person, firm, partnership, association, corporation, company, or organization of any kind.
- PRIVATE PREMISES
- Any pond, stream, body of water, or any house, building or other structure now owned or operated by the City or other governmental unit, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, ground, parking lot, walk, driveway, porch steps, vestibule or mailbox belonging or appurtenant to such house, building or structure.
- PUBLIC PLACES
- Any and all streets, roads, sidewalks, boulevards, alleys or other public ways, and any and all public parks, beaches, squares, spaces, grounds and buildings, and any and all public waterways, streams, stream beds, ponds, and rivers.
- Includes garbage and rubbish.
- Nonputrescible solid wastes consisting of both combustible wastes and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding and crockery.
Word usage. When not inconsistent with the context, words used in the present tense include the future, words used in plural number include the singular, words used in the singular number include the plural, and words in the masculine include the feminine and the neuter. The word "shall" is always mandatory and not merely directory.
No person shall throw, deposit, or place litter, or cause same to be thrown, placed, or deposited in or upon any street, road, sidewalk, or other public place within the City, except in public receptacles or in authorized private receptacles for collection.
Persons placing litter or causing litter to be thrown or deposited 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, road, sidewalk, or other public place, or upon private property.
No person shall sweep, throw, deposit, place, or cause to be swept, thrown, dumped, placed or deposited in any gutter, street, road or other public place within the City, the accumulation of litter from any building or lot or from any public place or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk, if any, in front of their premises free of litter.
Parks, beaches, and bodies of water.
No person shall throw or deposit or cause litter to be thrown or deposited in any park or beach within the City, 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 beach, or upon any street or other public or private place. Where public receptacles are not provided, all such litter shall be carried away from the park or beach by the person responsible for its presence and properly disposed of elsewhere, as provided herein.
No person shall throw or deposit or cause litter to be thrown or deposited in any pond, river, stream or other body of water or within the limits of such pond, river, stream or other body of water within the City of Port Jervis.
No person shall throw, deposit or place litter, or cause same to be thrown, dumped, deposited or placed on any private property within the City, whether owned by such person or not, and whether occupied or vacant, except that the owner or person in control of private property may maintain an authorized private receptacle 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 private property.
The owner or person in control of private property or any portion thereof shall at all times maintain the premises of that portion controlled by him free of litter, except when stored properly in authorized private receptacles for collection, when such person shall have actual notice thereof or when said litter shall have been present a sufficient period of time to constitute constrictive notice.
Penalties for offenses. Any person who violates any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined in the following manner:
First offense: a fine of not less than $100 nor more than $250 or to be imprisoned for a period not to exceed 15 days, or by both such fine and imprisonment.
Second offense: if the second offense occurs within six months of the first offense, the fine of not less than $200 nor more than $500 or imprisonment not to exceed 15 days, or by such fine and imprisonment.