[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."
A.Â
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.
B.Â
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL HANDBILL
(1)Â
(2)Â
(3)Â
(4)Â
GARBAGE
JUNK
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
VILLAGE
YARD WASTE
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.
A litter storage and collection receptacle as required and authorized in Chapter 309, Solid Waste.
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:
Which advertises for sale any merchandise, product, commodity
or thing.
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.
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.
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.
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.
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.
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.
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.
A.Â
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.
B.Â
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.[1]
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]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
