Town of New Castle, NY Chapter 85 Littering

[HISTORY: Adopted by the Town Board of the Town of New Castle 11-23-1976 by L.L. No. 10-1976. Amendments noted where applicable.]

GENERAL REFERENCES

Dumps and dumping — See Ch. 61.

Garbage, rubbish and refuse — See Ch. 73.

§ 85-1 Declaration of intent.

It is hereby declared and found that litter carelessly deposited in the Town of New Castle is the cause of civic disgrace; that litter is a health, fire and safety hazard; that an all out litter-control campaign can result in substantial savings to taxpayers of the Town of New Castle; and that litter is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safeguarding the public health, safety and general welfare of the people of the Town of New Castle.

§ 85-2 Definitions and word usage.

A. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. 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.

B. As used in this chapter, the following certain words and phrases shall have the meanings indicated:

COMMERCIAL PLACES

Any store or building, or group thereof, including shopping centers, shopping plazas and other similar places and including professional, institutional, mercantile or industrial premises wherein mercantile activities and services are offered to the public, and shall include all parking areas thereof.

GARBAGE

Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

LITTER

Garbage, refuse and rubbish, as defined herein, and all other paper, material or matter of any kind which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare or creates unsightliness.

PARK

A park, reservation, playground, recreation center or any other public area in the town, owned or used by the town and devoted to active or passive recreation.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE PREMISES

Any 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, squares, spaces, grounds and buildings.

REFUSE

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.

RUBBISH

Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

TOWN

The unincorporated areas in the Town of New Castle.

VEHICLE

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.

§ 85-3 Placement restrictions for litter.

A. No person shall throw or deposit litter in or upon any street, sidewalk or other public place or park or upon private, vacant, residential, business or commercial property within the town except in public receptacles or in authorized private receptacles for collection.

B. No person shall throw or deposit on the ground of any street, sidewalk, park or other public property or on property, buildings or motor vehicles thereon or, without the permission of the owner, tenant or person in control of such property, on the ground of private property or on property, buildings or motor vehicles thereon any newspaper, circular or promotional political or advertising material or other similar material, provided that this prohibition shall not apply to the regular distribution of newspapers or other similar material which have been ordered, purchased or requested.

[Amended 6-28-1988 by L.L. No. 9-1988]

C. Sweeping litter into gutters prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public sidewalk or driveway. Persons owning, leasing or occupying property shall keep the sidewalk or gutter in front of their premises free of litter and shall clean their property of any refuse and litter found thereon.

D. No person shall drive or cause any vehicle to be driven within the town if the contents of such vehicle shall be blown or deposited upon any street or other public place or upon private property.

E. Placement of litter in receptacles so as to prevent scattering. 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 or upon private property.

§ 85-4 Shopping carts or wagons.

[Amended 2-27-1990 by L.L. No. 5-1990]

Owners of shopping carts or wagons shall provide a place near or inside the building for the storage of such carts; or wagons when they are not in use. Owners shall collect unused shopping carts or wagons at least once every hour during business hours and at the close of the business day and return them to the storage place.

§ 85-5 Unlicensed motor vehicles.

Any unlicensed motor vehicle remaining on a person's premises for more than two weeks continuously must be garaged or screened from the view of adjacent properties and public on the right-of-way.

§ 85-6 Clearing of litter by town; costs as lien.

A. Notice to remove. The Building Department or its duly appointed designee is hereby authorized and empowered to notify the owner, or the agent of such owner, of any open or vacant private property or commercial place with the town to properly dispose of litter located on such owner's property which is a nuisance, or dangerous to public health, safety or welfare or in violation of this chapter. Such notice shall be sent by certified mail, addressed to said owner 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 in violation of this chapter, within seven days after receipt of written notice provided for in Subsection A above or within seven days after the date of such notice or, in the event that the same is returned to the Building Department because of its inability to make delivery thereof, provided that the same was addressed to the last known address of such owner or agent, the Building Department or its duly appointed designee is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the town.

C. Charge included in tax bill. When the town 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 completion of the 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 town, and said charge shall be due and payable by said owner at the time of payment of such bill.

D. Filed statement constitutes lien. Where the full amount due the town is not paid by such owner within 20 days after the disposal of such litter, as provided for in Subsections A and B above, then and in that case the Building Department or its duly appointed designee shall cause to be filed in the office of the Town Clerk and Receiver of Taxes a sworn statement showing the cost and expense incurred for the work; the date the work was done; the location of the property, by school district, street address or description, on which said work was done; and the name of the reputed owner thereof. The filing of such a sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus the costs of the court, if any, for collection, until final payment has been made. 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 6% 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. Sworn statements filed 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. The remedy herein shall not be exclusive and any other action to collect said sum due may be maintained by the town.

§ 85-7 Penalties for offenses.

[Amended 2-27-1990 by L.L. No. 5-1990]

A. A violation of any provision of this chapter shall be punishable by a fine. Each day such violation is committed or permitted to continue shall constitute a separate offense.

B. The fine for a first offense shall be not less than $50 nor more than $500.

C. For further offenses within a 24 month period:

(1) The fine for the second offense shall be not less than $250 nor more than $500.

(2) The fine for the third offense shall be not less than $500 nor more than $1,000.

(3) The fine for the fourth or subsequent offense shall be not less than $1,000 nor more than $1,500.

§ 85-8 Severability; title; repealer.

A. Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

B. Title. This chapter shall be known and may be cited as the "Town of New Castle Litter Law."

C. Ordinances repealed. All ordinances or local laws and parts of ordinances or local laws in conflict with the provisions of this chapter are hereby repealed.