[HISTORY: Adopted by the Town Board of the Town of Warwick as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 95.
[Adopted as Ch. 72 of the 1973 Municipal Code]
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants of the Town and the safeguarding
of their material rights against unwarranted invasion, and, in addition, such
environment is deemed essential to the maintenance and continued development
of the economy of the Town and general welfare of its citizens. It is further
declared that the unrestrained accumulation of rubbish and the failure to
remove rubbish from real property is a hazard to such health, safety and welfare
of the citizens of the Town, necessitating the regulation, restraint and elimination
thereof.
[Added 6-23-1988 by L.L.
No. 1-1988]
As used in this article, the following terms shall have the meanings
indicated:
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as but not limited to paper wrappings, cardboard, tin cans, wood,
glass, bedding and crockery.
A.
Inspection and report. An inspection and written report
shall be made by the Building Inspector to the Town Board of land where rubbish
is stored in violation of this article.
B.
Notice to remove; service. Should the report of the Building
Inspector indicate the rubbish constitutes a fire or health hazard, a notice
on behalf of the Town shall be served upon the owner of said land as the name
appears on the last-completed assessment roll of said Town in the same manner
as a summons is required to be served in a civil action, which notice shall
require the owner to remove from such land rubbish within 10 days from the
date of service thereof, and said notice shall further provide that in the
event of said owner's failure to do so, the Town upon such default shall cause
such rubbish to be removed and the total expense of such removal shall be
assessed by the Town Board against the real property upon which such rubbish
was found, and the expense so assessed shall constitute a lien and charge
against the real property upon which it is levied until paid or otherwise
satisfied and discharged and shall be collected in the same manner and at
the same time as other Town charges.
C.
Notice to nonresident owner. If the owner of said land
is a nonresident of the Town, notice to so remove such rubbish, mailed to
such owner, addressed to his last known address by certified mail as set forth
in the latest Town assessment roll, shall be sufficient service thereof.
D.
Nonapplicability. This article shall not apply to properties
owned by the state or any political subdivision thereof.
E.
Assessment of cost where Town performs work. In the event
the owner of said land fails to comply with said notice and the Town causes
such rubbish to be removed, the total expense of such removal shall be assessed
by the Town Board against the real property on which such rubbish was found,
and the expense so assessed shall constitute a lien and charge against the
real property on which it is levied until paid or otherwise satisfied or discharged
and shall be collected in the same manner and at the same time as other Town
charges.
[Amended 6-23-1988 by L.L.
No. 1-1988]
Any person committing an offense against any provision of this article
shall be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by 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.
[Adopted 3-8-1978 by L.L.
No. 1-1978 (Ch. 78 of the 1973 Municipal Code)]
The Town Board of the Town of Warwick, having determined that the protection
against littering in the New York State Vehicle and Traffic Law § 1220,
providing for a maximum fine of $100, is inadequate, enacts the following
provisions.
A.
AUTHORIZED PRIVATE RECEPTACLE
GARBAGE
LITTER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
TOWN
As used in this article, the following terms shall have
the meaning indicated:
A litter storage and collection receptacle of steel, aluminum or
plastic, of 10 to 30 gallons' capacity, with tight cover, or a larger steel
container with closed lid.
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 or tends to create blight.
A park, reservation, playground, beach, recreation center or any
other public area in the Town, owned or operated by the Town and devoted to
active or passive recreation.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any house, building or other structure not owned or operated by the
Town, 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 other structure.
Any and all streets, roads, sidewalks, boulevards, alleys or other
public ways, and any and all public parks, beaches, squares, spaces, grounds
and buildings.
Includes garbage and rubbish.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as but not limited to paper wrappings, cardboard, tin cans, wood,
glass, bedding and crockery.
Town of Warwick.
B.
When not inconsistent with the context, words used in
the present tense include the future; words used in the 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.
A.
No person shall throw or deposit litter in or upon any
street, road, sidewalk or other public place within the Town except in public
receptacles or in authorized private receptacles for collection.
B.
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, road, sidewalk or other
public place or upon private property.
C.
No truck or other motor vehicle or trailer or other mode
of conveyance shall be operated or loaded in such a manner that any part or
portion of its load, whether sand, gravel, stone, dirt, rubbish, paper, boxes,
trash or other material, shall be dropped, blown or caused to fall or drop
upon any public highway, street, public place or thoroughfare in the Town.
[Added 6-23-1988 by L.L.
No. 1-1988]
D.
No person shall sweep into or deposit in any gutter,
street, road or other public place within the Town the accumulation of litter
from any building or lot or from any public or private sidewalk or driveway,
and no person shall throw, put or place, or cause to be thrown, put or placed,
any snow or ice into any public highway, street, public place or thoroughfare
in the Town, or discharge any water or liquid of any kind from any sidewalk,
except for purposes of cleansing the same, into any public highway, street,
gutter or public place.
[Amended 6-23-1988 by L.L.
No. 1-1988]
E.
Persons owning or occupying property shall keep the sidewalk,
if any, in front of their premises free of litter.
A.
No person shall throw or deposit litter in any park or
beach within the Town 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.
B.
No person shall throw or deposit litter in any pond,
river, stream or other body of water within the Town.
A.
No person shall throw or deposit litter on any private
property within the Town, 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 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 private
property.
B.
The owner or person in control of private property or
any portion thereof shall at all times maintain the premises or that portion
controlled by him free of litter, except when sorted 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 length of
time to constitute constructive notice.
[Amended 6-8-2000 by L.L.
No. 1-2000]
Any person committing an offense against any provision of this article
shall be guilty of a violation punishable by a fine of not less than $250
nor more than $5,000 or by imprisonment for a term not to exceed 15 days,
or by 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.[1]
[1]
Editor's Note: Former § 120-11, Supersession of statutory
provision, which immediately followed this section, was repealed 6-8-2000
by L.L. No. 1-2000.
