[HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff Manor 9-24-2019 by L.L. No. 3-2019. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Briarcliff Manor Littering and Handbills Law."
A. 
The word "shall" as used throughout this chapter is always mandatory and is not merely directory or discretionary.
B. 
Unless otherwise provided in this chapter or unless another meaning is plainly intended, the following definitions apply:
AUTHORIZED PRIVATE RECEPTACLE
A privately owned litter or recycling storage and collection receptacle.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, picture, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:
(1) 
Advertises for sale, rent, lease or use any merchandise, product, services, commodity or thing;
(2) 
Directs attention to any website, business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
(3) 
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 it 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. However, 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 by any law of this Village; or
(4) 
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.
HOUSEHOLD GARBAGE
Kitchen refuse, table cleanings, decaying fruit or vegetable matter, household refuse, or any other litter generated from a private property or typical household use.
LITTER
Garbage, refuse, rubbish, organic yard waste, recyclable materials, 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 an unsightly condition.
NEWSPAPER
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, shall mean and include any periodical or current magazine regularly published, with no fewer than four issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper, picture, 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" with the exception of political or religious materials or other materials protected by law as may be amended from time to time.
ORGANIC YARD WASTE
Grass clippings, flowers, leaves, weeds, brush, branches, fruit, twigs and natural holiday trees, wreaths, decorations and ornaments.
PRIVATE PREMISES
Any dwelling, house, building or any other structure, 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 including easement areas and rights-of-way, and any and all public parks, squares, spaces, grounds and buildings.
RECYCLABLE MATERIAL
Any material suitable for recycling, as per the published list provided by the Village Department of Public Works, as same may be amended from time to time.
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.
Persons placing litter and recyclable materials in designated public receptacles or in authorized private receptacles shall do so in such a manner as to: a) avoid commingling recyclable and nonrecyclable materials; and b) prevent all materials from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. Household garbage or office refuse shall not be deposited in public receptacles and must be placed in authorized private receptacles for disposal.
No person shall sweep, blow or deposit into any gutter, street, sidewalk, catch basin, sewer, stormwater drainage facility or other public place, brook, stream, pond or watercourse within the Village any litter or any refuse 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. For the purpose of this section, the term "street" shall include the entire Village right-of-way, or the entirety of any private street or common driveway adjacent to or within the owner's property.
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 or adjacent to their business premises free of litter.
No person, while a driver or passenger in a vehicle, bicycle, scooter, or similar conveyance, shall throw or deposit litter upon any street or other public place or upon private property within the Village.
No person shall drive or move any truck or other vehicle within the Village unless such vehicle is constructed, loaded or covered in accordance with all applicable laws and regulations so 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: a) avoids commingling recyclable and nonrecyclable materials; and b) prevents 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 such litter shall be carried away from the park by the person responsible for its presence and be properly disposed of elsewhere.
No person shall throw or deposit litter in any fountain, pond, lake, river, stream, wetlands including legal setbacks, or any other body of water 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. Nevertheless, 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. However, it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial 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: i) if requested by anyone thereon not to do so; ii) if the residence has been placed on the Village "do not solicit" list as per Chapter 157; or iii) 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 matter that the occupants of said premises do not desire to be interrupted or have their right of privacy disturbed or to have any such handbills left upon such premises.
A. 
No person shall enter upon any private premises in the Village of Briarcliff Manor for the purpose of distributing any advertising matter, commercial handbills or commercial printed matter without the consent of the occupant of said premises previously given. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises.
B. 
The provisions of this section shall not apply to the distribution of mail by the United States, or to mail or other parcels delivered by recognized commercial carriers, delivery services or retailers, or to newspapers as defined herein, provided that delivery of such newspapers has been requested by the owner or occupant of said premises and 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 other than a duly authorized official or employee of the Village shall post, attach or display any sign, notice, placard, poster or other advertising medium to or upon or over any building, sidewalk, tree, stone, fence, wall, pole, railing, mailbox, or other object in, along, upon or over any street, park or other public place in the Village, except as may otherwise be permitted under Chapter 172 of this Code or other published 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 shall maintain authorized private receptacle 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.
No person, including the property owner, shall throw or deposit litter on any open or vacant private property within the Village.
This chapter may be enforced by authorized employees of the Village, including, but not limited to, the Village Manager, the Building Inspector, the Superintendent of Public Works, the Superintendent of Parks and Recreation, the Fire Chief, and their respective designees, any duly appointed Code Enforcement Officers, and any member of the Police Department of the Village of Briarcliff Manor.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York. Anyone so convicted shall reimburse the Village for any costs related to the remediation of such offense, and shall be punished, in the sole discretion of the court, by a fine of not less than $200 nor more than $500 and/or a requirement to perform community service for the Village, a public or not-for-profit corporation, association, institution or agency for not more than eight hours. Each subsequent violation within a twelve-month period from the first such violation shall upon conviction be punishable in the sole discretion of the court by a fine not to exceed $1,000 and/or a requirement to perform community service for the Village, a public or not-for-profit corporation, association, institution or agency for not more than 24 hours.