§ 177-1Declaration of intent.
§ 177-2Definitions; word usage.
§ 177-3Litter in public places.
§ 177-4Placing litter in receptacles to prevent scattering.
§ 177-5Litter in gutters.
§ 177-6Litter from vehicles.
§ 177-7Trucks causing litter.
§ 177-8Litter in parks.
§ 177-9Litter in public waters.
§ 177-10Litter on private and commercial premises.
§ 177-11Owners to maintain commercial premises litter-free.
§ 177-12Owners to maintain private premises litter-free.
§ 177-13Litter on vacant lots.
§ 177-14Notice to remove.
§ 177-15Penalties for offenses.
It is hereby declared and found that litter carelessly deposited in the Village of Monticello is the cause of civic disgrace; that litter is a health, fire and safety hazard and pollutant; that an all-out litter-control campaign can result in substantial savings to taxpayers of the village; 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 village.
Terms defined. As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings indicated:
- COMMERCIAL PLACE
- Any store or building or group thereof, including shopping centers, shopping plazas and other similar places wherein mercantile activities and services are offered to the public and shall include all parking areas thereat.
- 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 creates unsightliness.
- Any newspaper of general circulation, as defined by 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 law. In addition thereto, "newspaper" shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- 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 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 sidewalks, public parks, squares, spaces, grounds and
buildings.[Amended 6-21-1999 by L.L. No. 5-1999]
- 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.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as yard clippings, leaves, 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 Monticello in the County of Sullivan.
Word usage. 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.
No person shall deposit or throw litter in or upon any sidewalk or other public place within the village, except in public receptacles, in private receptacles for collection, in official village dumps or in rubbish pits.
Persons placing litter in public receptacles or in private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any sidewalk or other public place or upon private property.
No person shall sweep or deposit in any gutter or other public place within the village the accumulation of litter from any building or litter from any public sidewalk or driveway.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any public place within the village or upon private property.
No person shall drive or move any truck or other vehicle within the village unless such vehicle is so constructed or located as to prevent any load, contents or litter from being blown or deposited upon any public place; nor shall any person drive or move any vehicle or truck within the village the wheels or tires of which carry onto or deposit in any public place any mud, dirt, sticky substances, litter or foreign matter of any kind.
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 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, as provided herein.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the village.
No person shall throw or deposit litter on any occupied private property or commercial place within the village, whether owned by such person or not, except that the owner or person in control of such private property or commercial place 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 public place or upon any private property.
Each owner or person in control of any commercial place, including shopping centers and delivery and parking areas thereat, shall keep said places, parking fields, parking areas, delivery areas and other open areas which are a part of such commercial place free from litter.
The owner or person in control of any private property shall at all times maintain the premises free from litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the village, whether owned by such person or not.
The Code Enforcement Officer, Enforcement Officer and/or Village Manager is hereby authorized and empowered to notify the owner of any open or vacant private property or commercial place within the village or the agent of such owner to properly dispose of litter located on such owner's property, which litter is a nuisance or dangerous to public health, safety or welfare. Such notice shall be by certified mail, addressed to said owner at his last known address. Such litter shall be removed within three days thereafter.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation, punishable as provided for in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello. Nothing contained in this chapter shall prevent the Village of Monticello from seeking judicial or equitable relief to abate violations of this chapter. Nothing contained herein shall require notice as a prerequisite to the issuance of a summons or appearance ticket for a violation of any of the provisions of this chapter.