[HISTORY: Adopted by the Town Board of the
Town of Tuxedo 7-23-1984 as L.L. No. 5-1984. Amendments noted where
applicable.
This chapter shall be known as the "Litter Law
of the Town of Tuxedo."
It is hereby declared to be the intent and policy
of the Town of Tuxedo, County of Orange, State of New York, to preserve,
protect and maintain the clean and wholesome character of the Town
and to preserve and maintain the health and welfare of the residents
by providing for a Town free of garbage, litter and other obnoxious
material which not only endangers the health and general welfare of
the inhabitants but also is unattractive and unsightly.
The following terms, as used in this chapter,
shall have the meanings indicated:
Putrescible animal and vegetable waste resulting from either
the handling, preparation, cooking or consumption of food.
Garbage, refuse, handbills, newspapers and rubbish, as such
are defined, and all other waste materials which, if thrown or deposited
as herein prohibited, tend to create a danger to public health, safety
and welfare or render the streets, private grounds or public places
unsightly.
A park, playground, recreation center or any other public
area, owned or used by the Town of Tuxedo or other public entity or
government, which is devoted to recreational purposes.
Any person, firm, partnership, association, corporation or
organization of any kind.
Any dwelling, house, building or other structure designated
or used, whether wholly or in part, for private residential purposes,
whether inhabited or continuously uninhabited or vacant, and includes
any yard, grounds, walk, driveway, porch, steps or vestibule belonging
or appurtenant to such dwelling house, building or other structure.
Any or all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
Any structure or building owned or operated by the federal,
county or state government or any governmental agency.
All putrescible solid wastes (except body wastes), including,
but not limited to, garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, dismantled automobiles and parts thereof,
scrap metal, junk, machinery and solid market and industrial wastes.
Nonputrescible solid wastes, consisting of both combustible
and noncombustible wastes, such as, but not limited to, papers, wrappings,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
bedding, crockery, building materials and similar materials.
All retail stores which permit off-premises consumption of
food or beverages.
The Town of Tuxedo, County of Orange and State of New York.
Every vehicle 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.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the Town, except
in public receptacles or in authorized private receptacles for collection;
provided, however, that said public receptacles shall not be used
by persons owning or occupying property in the vicinity of said public
receptacles for the deposit of domestic, commercial and industrial
litter arising from the conduct of said activities.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the Town.
No person shall drive or move any truck or other
commercial vehicle unless the vehicle is so constructed or loaded
as to prevent any litter from being blown or deposited upon any street,
alley or other public place or private premises. No person shall drive
or move any vehicle or truck if the wheels or tires carry onto or
deposit in any street, alley or other public place any mud, dirt,
sticky substances or foreign matter of any kind from any other place
than the traveled portion of a public street or alley.
No person shall throw or deposit litter in any
park, except in public receptacles and in such manner as to prevent
such litter from being carried or deposited by the elements upon any
part of the park or upon any street or other public place. Where public
receptacles are not provided, all litter shall be carried from the
park by the person responsible for its presence and shall be properly
disposed of elsewhere.
No person shall throw or deposit litter in any
fountain, lake, pond, stream, bay or any other body of water.
No person shall throw or deposit litter on any
occupied private property, whether owned by him or not, except that
the owner or person in control of private property shall maintain
private receptacles for collection in such a manner that litter will
not be carried or deposited by the elements upon any other public
place or upon any private property.
The owner or person in control of any private
property shall, at all times, maintain the premises free of litter.
This section shall not be construed to prohibit the storage of litter
in private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property, whether owned by such person or not.
Notwithstanding the above, any owner of private
property may deposit litter on a private landfill on the owner's property
so long as it does not violate the laws, rules or regulations of the
State of New York or the County of Orange. In addition, said landfill
must be more than 500 feet from any public road or way or any property
boundary line.
A.Â
Notice to remove. The enforcement officer or his duly
designated agent is authorized and empowered to notify the owner of
any private premises or vacant land, or the tenant or agent of such
owner, to dispose properly of litter located on such owner's property
which is dangerous to the public health, safety or welfare. Notice
shall be by registered or certified mail, return receipt requested,
addressed to said property owner or his agent or tenant at his last
known address or served personally upon said owner, tenant or agent.
B.Â
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within 10 days from receipt of the written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event that it is returned to the Town by the Post Office Department because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, tenant or agent, the enforcement officer or his duly designated agent is authorized and empowered to pay for disposing of such litter or to order its disposal by the Town.
C.Â
When the Town has effected the removal of dangerous
litter or has paid for its removal; the actual cost thereof shall,
unless paid by the owner prior thereto, be charged to the owner of
the property on the next regular tax bill forwarded to the owner by
the Town. The charge shall be due and payable by the owner at the
time set for payment of the tax bill.
D.Â
Where the full amount due the Town is not paid by the owner within 30 days after the disposal of such litter as specified in Subsections B and C of this section, then and in that case the enforcement officer shall certify the cost thereof to the Town Tax Collector, who shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of 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 shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event that they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the enforcement officer 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 and described in the statement and that the same is due and collectible as provided by law.
The owner, agent, lessee, tenant, occupant or
other person who manages or controls a building or lot shall be jointly
or severally responsible for keeping the sidewalk, flagging, curbstone
and the air shafts, areaways, backyards, courts, parking lots and
alleys free from litter.
It is hereby declared to be a duty of the owner
or operator of a take-out restaurant, delicatessen or luncheonette
to provide not less than one authorized private receptacle for the
receipt of trash, litter, paper, napkins, cups and remnants of food
and nonfood items at each exit, available to the patrons as they leave
the premises. If the owner or operator of the same shall fail to provide
such receptacles, he shall be fined, upon conviction, as provided
in this chapter.
Any code enforcement officer or police agency
of the Town of Tuxedo is hereby empowered and authorized to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter. The Police Department
shall conduct two Town-wide inspections yearly and report their findings
and recommendations to the Town Board.
Any person or persons, associations, firm or
corporation who shall violate any of the provisions of this chapter
shall be guilty of an offense and shall be punishable by a fine of
not more than $250 or imprisonment for not more than 15 days, or both.
