[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 6-20-1977 by L.L.
No. 6-1977 (Ch. 112 of the 1976 Code). Amendments
noted where applicable.]
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.
A.
COMMERCIAL PLACE
GARBAGE
LITTER
NEWSPAPER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
VILLAGE
Terms defined. As used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings indicated:
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.
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.
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.
B.
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.
[Amended 6-21-1999 by L.L. No. 5-1999]
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.
[Amended 6-21-1999 by L.L. No. 5-1999]
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.
[Amended 6-21-1999 by L.L. No. 5-1999]
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.
[Amended 6-21-1999 by L.L. No. 5-1999]
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.
[Amended 6-21-1999 by L.L. No. 5-1999]
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.
[Amended 6-21-1999 by L.L. No. 5-1999]
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.
[Amended 6-21-1999 by L.L. No. 5-1999]
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.
[Amended 9-23-2004 by L.L. No. 12-2004; 6-18-2007 by L.L. No. 13-2007]
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.
[Amended 6-21-1999 by L.L. No. 5-1999; 9-23-2004 by L.L. No. 12-2004]
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.
