[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.
A litter storage and collection receptacle as required and authorized
in the local law prescribing the rules for the collection of garbage, etc.
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:
Advertises for sale any merchandise, product, commodity or thing.
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.
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.
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.
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.
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
