[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point 10-18-1989 by L.L. No. 6-1989. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Sands Point Anti-Litter Local Law."
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context words used in the present tense include the future, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- Any contrivance now known 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 as required and authorized in the local law prescribing the rules for the collection of garbage, etc.
- COMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature which:
- A. Advertises for sale any merchandise, product, commodity or thing.
- B. Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales.
- C. 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, but the terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this subsection shall be deemed to authorized the holding, giving or taking place of any meeting without a license where such license is or may be required by any law of this state or under any local law of this village.
- D. 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 create a danger to public health, safety and welfare.
- Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature not included in the aforesaid definitions of a "commercial handbill" and "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.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designed or used either wholly or in part for private residential 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.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, square, spaces, grounds and buildings.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, automobile parts 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.
- The Village of Sands Point.
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 or in official dumps.
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 property in front of their 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 or contents of litter from being blown or deposited upon any street, alley or other public place.
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 person responsible for its presence and properly disposed of elsewhere.
No person shall throw or deposit litter in any pond, lake, stream, bay or any other body of water in a park or elsewhere within the village.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any 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.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle.
The provisions of this chapter shall not apply to the distribution of mail by the United States Postal Service, nor to newspapers as defined herein.
No person in an aircraft shall throw out, drop or deposit within the village any litter, handbill or any other object.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or shade tree, village sign or upon any public structure or building, except as may be authorized or required by law.
Litter on occupied private property. 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 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.
Litter on vacant lots. No persons shall throw or deposit litter on any open or vacant private property within the village, whether owned by such person or not.
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.
Notice to remove. The Village Clerk of the village or his/her authorized representative is hereby authorized and empowered to notify the owner of any open or vacant property within the village, or the agent of such owner, to properly dispose of litter located on such owner's property. Such notice shall be served in person or by registered mail, addressed to the owner at his last known address.
Action upon noncompliance. Failure to comply with the above notice to remove shall result in the owner, agent or resident being summoned into Village Court and being charged with a violation of this chapter.
Any person violating any of the provisions of this chapter shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount not exceeding $250. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.