[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 10-26-1976 by L.L. No. 5-1976 as Ch. VIIB of the Walden Village
Code (Ch. 101 of the 1982 Code). Amendments noted where applicable.]
It is hereby declared the policy of the Village of Walden to
preserve and maintain the clean and wholesome character of its environs
and to preserve and maintain the health and welfare of its residents
within the incorporated area of the Village, and in so doing it is
necessary to establish regulations restricting the disposal of litter
within the Village of Walden.
A.
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; words used in the singular number include the
plural; and words in the masculine include the feminine and the neuter.
The word "shall" is always mandatory and not merely directory.
B.
AUTHORIZED PRIVATE RECEPTACLE
GARBAGE
HANDBILL
LITTER
NEWSPAPER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
VILLAGE
Definitions. For the purposes of this chapter, the following words,
phrases and terms and their derivations shall have the meanings given
herein:
A litter storage and collection receptacle of steel, aluminum
or plastic, of 10 gallons' to 30 gallons' capacity, with tight
cover, or larger steel container with closed lid.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Any printed or written matter, circular, leaflet, paper,
booklet or any other printed or otherwise reproduced original or copies
of any matter of literature.
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 tends
to create blight.
A printed publication issued at regular intervals, including
any periodical or current magazine regularly published with not less
than four issues per year and sold to the public, commonly containing
news, comments, features and advertisements, including any newspaper
duly entered with the Post Office Department of the United States[1] in accordance with federal statute or regulation.
A park, reservation, playground, beach, recreation center
or any other public area in the Village owned or operated 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 not owned or operated
by the Village, whether inhabited or temporarily or continuously uninhabited
or vacant, including any yard, ground, parking lot, walk, driveway,
porch, steps, vestibule or mailbox belonging or appurtenant to such
house, building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways, and any and all public parks, beaches, squares, spaces,
grounds and buildings.
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 but not limited to paper, wrappings,
cardboard, tin cans, wood, glass, bedding, crockery.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway or public street.
The Village of Walden.
[1]
Editor's Note: Now the U.S. Postal Service.
A.
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within the Village 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 it from being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon private property.
C.
No person shall sweep into or deposit in any gutter, street or other
public place within the Village the accumulation of litter from any
building or lot or from any public or private sidewalk or driveway.
D.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
E.
It shall be unlawful for any person, firm or corporation, in person
or by his agent, employee or servant, to deposit any kind of litter
generated from private premises into litter receptacles either placed
on Village streets or maintained by the Village for litter purposes.
Nothing herein shall be construed so as to prohibit the use of such
receptacles for the deposit of litter generated on or removed from
a public place.[1]
[Added 3-13-1984 by L.L. No. 4-1984]
A.
No person shall throw or deposit litter in any park or beach 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 beach or upon any street or
other public or private place. Where public receptacles are not provided,
all such litter shall be carried away from the park or beach by the
person responsible for its presence and properly disposed of elsewhere,
as provided herein.
B.
No person shall throw or deposit litter in any pond, river, stream
or other body of water within the Village.
A.
No person shall throw or deposit litter on any private property within
the Village, whether owned by such person or not and whether occupied
or vacant, except that the owner or person in control of private property
may maintain authorized private receptacles for collection in such
a manner that litter will be prevented from being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
B.
The owner or person in control of private property or any portion
thereof shall at all times maintain the premises or that portion controlled
by him free of litter, except when stored properly in authorized private
receptacles for collection, when such person shall have actual notice
thereof or when said litter shall have been present a sufficient length
of time to constitute constructive notice.
A.
In public places. No person shall throw or deposit any handbill in
or upon any sidewalk, street or other public place within the Village.
No person shall hand out or distribute any handbill in any public
place except to persons willing to accept it.
B.
On vehicles. No person shall throw or deposit any handbill in or
upon any vehicle; except it shall not be unlawful in any public place
for a person to hand out or distribute a handbill to any occupant
of a vehicle who is willing to accept it.
C.
On private property. No person shall throw or deposit any handbill
in or upon any private premises which are:
(1)
Temporarily or continuously uninhabited or vacant.
(2)
Posted with a sign placed in a conspicuous position near the entrance
thereof, bearing the words "No Peddlers or Agents," "No Advertisements"
or words of similar import indicating the desire of the occupants
not to have such handbills left upon such premises, or where an occupant
expressly directs the person not to throw, deposit or distribute the
handbill on the premises.
(3)
Inhabited but not posted or subject to an express warning by an occupant,
except by handing or transmitting any such handbill directly to an
occupant, unless the person so distributing places or deposits any
such handbill so as to secure or prevent it from being blown or drifted
about the premises or sidewalks, streets or other public ways.
D.
The provisions of this section shall not apply to the distribution
of mail by the United States Postal Service nor to newspapers (as
defined herein), except that newspapers shall be placed on private
property in such a manner as to prevent their being carried or deposited
by the elements upon any street, sidewalk or other public place or
upon private property.
[Amended 10-25-2011 by L.L. No. 6-2011]
Any person committing an offense against any of the provisions
of this chapter shall be punished, upon conviction for a first offense,
by a fine of not less than $100 nor more than $250 or by imprisonment
not exceeding 15 days or by both such fine and imprisonment. Any person
committing an offense against any of the provisions of this chapter
shall be punished, upon conviction for a second offense, by a fine
of not less than $175 nor more than $250 or by imprisonment not exceeding
15 days or by both such fine and imprisonment. Any person committing
an offense against any of the provisions of this chapter shall be
punished, upon conviction for a third or subsequent offense, by a
fine of $250 or by imprisonment not exceeding 15 days or by both such
fine and imprisonment.