Town of Highlands, NY Chapter 125 Littering

[HISTORY: Adopted by the Town Board of the Town of Highlands at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]

GENERAL REFERENCES

Property maintenance — See Ch. 141.

Solid waste — See Ch. 160.

§ 125-1 Legislative intent.

The purpose of this chapter is to require persons to refrain from the act of littering and to require owners of property to perform work or do acts on such property to prevent littering and remove litter in the interest of public safety, health, comfort and general welfare and upon the failure of a property owner to perform the work or act required, to allow the Town Board to cause the work or act to be done and assess, levy and collect the cost against such property.

§ 125-2 Definitions.

For the purposes of this chapter, the following terms shall have the following definitions.

LITTER

Any and all discarded materials, including but not limited to waste, construction and demolition debris, ashes, garbage, paper, empty containers, rubbish, refuse, dog feces, flammable materials, including but not limited to cigarettes and other debris of nondescript nature.

PERSON

Any individual, partnership, corporation or unincorporated association, society, joint-stock company, estate, receiver, trustee, assignee, referee and any combination.

PUBLIC PLACE

Any highway, road, street, avenue, alley, park, playground, public parking area, public driveway, or any property under the ownership or control of the Town of Highlands or any property available to or serving the general public.

§ 125-3 Littering in public places.

A. No person shall throw, place or deposit litter in or upon any highway, roadway or sidewalk or other public place within the Town of Highlands 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 the litter from being carried or deposited by the elements or other foreseeable causes upon any street, sidewalk or other public place.

C. No person shall sweep, place, or deposit in any gutter, highway, roadway, or other public place within the Town of Highlands, any litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk and/or highway right-of-way in front of their premises free of litter.

D. No person while a driver or passenger in a vehicle shall throw or deposit litter upon any highway, roadway, or other public place within the Town of Highlands.

E. No person shall drive or move any truck or other vehicle within the Town of Highlands unless such vehicle is constructed, required or provides so as to prevent any litter from being blown or deposited upon any highway, roadway or other public place; nor shall any person drive or move any vehicle or truck within the town, the wheels or tires of which carry onto or deposit in any highway or other place mud, dirt, sticky substance or foreign matter of any kind.

§ 125-4 Littering on private property.

A. No person shall throw, place or deposit litter on any private property within the town whether owned by such person or not.

B. 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.

§ 125-5 Clearing of litter.

A. Notice to remove. The Building Inspector or his authorized representative is hereby authorized and empowered to notify the owner of any property within the town, 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 certified mail, addressed to the owner at his last known address as shown on the records of the Town Assessor.

B. Right of hearing. A property owner upon whom notice to remove has been served may request a hearing before the Town Board to show cause why such owner need not comply with the notice to remove. Such request shall be in writing and served personally or by certified mail upon the Town Clerk during the time provided for compliance.

C. Action upon noncompliance. Unless directed to do otherwise after the hearing provided in Subsection B above, the Highway Superintendent or any other person authorized by the Town Board may, 10 days after service of such notice or 15 days after service by certified mail, cause the disposal of such litter and shall submit a sworn statement of the cost and expense of doing said work to the Town Clerk. The minimum charge shall be as set by resolution of the Town Board from time to time.

D. Charges to be assessed, levied and collected. The full cost of disposal of such litter including the costs of proceedings pursuant hereto, shall, unless promptly paid by the owner, be assessed against such property, included in the levy and collected in the manner provided for town assessments and taxes.

E. Interference with municipal employees. No person shall interfere with any municipal employee in the cleaning of any road or other public place or area or in the performance or any of municipal employee's regular or prescribed duties or functions as related to sanitation, services performed and enforcement of said local laws and codes of the Town of Highlands.

F. Nothing contained in this chapter shall prevent an owner of property from recovering in a civil action, the cost of removal of litter from any person who threw, placed or deposited litter on such property.

§ 125-6 Penalties for offenses.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be fined in an amount not exceeding $250 and/or imprisonment not to exceed 15 days, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.