[HISTORY: Adopted by the Board of Trustees of the Village of Liverpool 9-23-1963 (Ch. 91 of the 1987 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village of Liverpool Anti-Litter Ordinance."
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.
Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle as required and authorized in Chapter 309, Solid Waste.
- COMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
- (1) Which advertises for sale any merchandise, product, commodity or thing.
- (2) Which directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales.
- (3) Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state or under any ordinance of this Village.
- (4) Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any worn-out, cast-off or discarded articles or material, either mechanical or semimechanical, automotive or semiautomotive, which is ready for destruction or has been collected or stored for salvage or for conversion to some other purpose or use or, if automotive, cannot be readily moved at any time under its own power.
- 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 the public health, safety and welfare.
- Any newspaper of general circulation as defined by general 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 general law; and, in addition thereto, includes any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
- 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 dwelling, 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 streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, 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 paper, wrappings, cigarettes, cardboard, tin cans, 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 Liverpool.
- YARD WASTE
- All waste material as set forth in the yard waste policy
of the Village of Liverpool, as adopted by the Liverpool Village Board
of Trustees on the 30th day of August 2004, and all future amendments
to said yard waste policy as adopted from time to time by the Liverpool
Village Board of Trustees.[Added 9-20-2004 by L.L. No. 2-2004]
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village except in public receptacles, in authorized private receptacles for collection or in official Village dumps, pursuant to rules and regulations established by the Department of Public Works.
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.
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. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person owning or occupying a place of business 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. Persons owning or occupying places of business within the Village shall keep the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other 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 loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other 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 street, alley or other public place 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 street or other 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 any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Village, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the Village for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, of if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States 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.
No person in an aircraft shall throw out, drop or deposit within the Village any litter, handbill or any other object.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, 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 any private property.
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.
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 7-21-2003 by L.L. No. 1-2003]
All premises and exterior property and any sidewalk abutting the same shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.
[Added 5-26-1987 by L.L. No. 2-1987]
It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw, cast or deposit, or cause or permit to run, drop or remain or to be thrown, cast or deposited, in or upon any vacant lot of land or vacant place, upon the surface of any lot of land, enclosed or otherwise, within the Village of Liverpool, except at such place or places designated or provided by the Board of Trustees of the Village of Liverpool, any waste, rubbish, leaves, brush, hay, weeds, straw, wastepaper, boxes, shavings or any filthy, hazardous, toxic, combustible or flammable materials, whereby a fire hazard, danger or risk is or may be engendered or injuriously effected or whereby the premises of another, or the enjoyment of the premises of another, are or may be injured, damaged, interfered with or prejudiced. Nothing in this section shall be construed as to prohibit the depositing of manure upon any private property for the purpose of cultivating the same.
No person shall deposit or store in any open lot, place or area within the Village, whether owned by such person or not, any junk or salvage material as defined in this chapter.
[Amended 5-26-1987 by L.L. No. 2-1987; 9-20-2004 by L.L. No. 2-2004]
Notice to remove. The Village Clerk or other authorized public official is hereby authorized and empowered to notify the owner of any private property within the Village or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare or remove yard waste which is in violation of the yard waste policy of the Village of Liverpool and is also hereby authorized and empowered to notify, in writing, the owner of such lot, place or area within the Village or the agent aforesaid of such owner to cut, destroy and/or remove any such weeds, grass or deleterious and unhealthful growths or other noxious matter or junk found growing, lying or located on such owner's property or upon the sidewalk abutting same. Such notice shall be by certified mail, return receipt requested, addressed to said owner at his last known address.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare or to cut, destroy and/or remove weeds, grass or deleterious and unhealthful growths or other noxious matter or junk growing, lying or located upon such owner's property or upon the sidewalk abutting same or yard waste which is in violation of the yard waste policy of the Village of Liverpool within 10 days after receipt of written notice provided for in Subsection A above, or within 10 days after the date of such notice in the event that the same is returned to the Village Post Office Department because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Village Clerk or other authorized public official is hereby authorized and empowered to pay for the disposing of such litter or yard waste or for the cutting, destroying and/or removal of such weeds, grass or deleterious and unhealthful growths or other noxious matter or junk or to order its disposal or removal by the Village.
Charge included in tax bill. When the Village has effected the removal of such dangerous litter, yard waste or of such obnoxious growth or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Village, and said charge shall be due and payable by said owner at the time of payment of such bill.
Recorded statement constitutes lien. Where the full amount due the Village is not paid by such owner within 30 days after the disposal of such litter or yard waste or for the cutting, destroying and/or removal of such weeds, grass or deleterious and unhealthful growths or other noxious matter or junk, as provided for in Subsections A and B above, then, and in that case, the Village Clerk shall cause to be recorded in the Village Ledger a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege 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 the law for the collection of taxes and, further, shall be subject to a delinquent penalty of 10% in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded 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 or described in the statement and that the same is due and collectible as provided by law.
[Amended 5-26-1987 by L.L. No. 2-1987; 9-20-2004 by L.L. No. 2-2004]
A violation of any of the provisions of this chapter by any person or persons shall be punishable, except where specifically set forth in this chapter, as provided for in § 1-12 of Chapter 1, General Provisions. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
The Village of Liverpool, New York, may maintain a suit to enjoin the continuances of a violation.