[HISTORY: Adopted by the Town Board of the
Town of Yorktown 11-15-1977 by L.L. No. 12-1977. Amendments noted
where applicable.]
This chapter shall be known and may be cited
as the "Yorktown Litter Control Law."
For the purpose of this chapter, the following
words, phrases and terms and their derivations shall have the meaning
given herein. 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.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
[Added 3-4-1997 by L.L. No. 1-1997]
The sale of tangible personal property from residential premises
entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn
sale," "attic sale," "basement sale," "rummage sale," "flea market"
or any similar casual or occasional sale advertised to the public
at large as such.
Putrescible animal and vegetable wastes resulting from handling,
preparation, cooking and consumption of food.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, paper, booklet or any other printed or otherwise
reproduced original or copies of any matter of literature.
Any person, corporation, firm, partnership, agency, association
that rents, bails, leases or contracts, for the use of one or more
vehicles and has the exclusive use thereof for any period of time.
[Added 6-21-2016 by L.L.
No. 12-2016]
Any person, corporation, firm, partnership, agency, association
or organization engaged in the business of renting or leasing vehicles
to any lessee or bailee under a rental agreement, lease or otherwise,
wherein the lessee or bailee has the exclusive use of the vehicle
for any period of time.
[Added 6-21-2016 by L.L.
No. 12-2016]
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 of public health, safety and welfare or tends
to create blight.
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 person, corporation, partnership, firm, agency, association,
lessee, or organization which at the time of the notice of violation
is issued pursuant to this chapter in which a vehicle is operated:
[Added 6-21-2016 by L.L.
No. 12-2016]
Is the beneficial or equitable owner of such vehicle; or
Has title to such vehicle; or
Is the registrant or coregistrant of such vehicle which is registered
with the Department of Motor Vehicles of this state or any other state,
territory, district, province, nation or other jurisdiction; or
Uses such vehicle in its vehicle renting and/or leasing business.
A park, reservation, playground, beach, recreation center
or any other public area in the town, owned or operated by the town
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 town, whether inhabited or temporarily or continuously inhabited
or vacant, including any yard, around parking lot, walk, driveway,
porch steps, vestibule or mailbox belonging or appurtenant to such
house, building or other structure.
A storage and collection container for the storage of litter
or rubbish or for the collection of reusable or recyclable household
items, such as clothing or shoes, constructed of steel, aluminum or
rigid plastic, with or without a heavy duty plastic liner or sack
structured and placed so that the exit and entrance of rodents or
other animals is prevented; they can be easily cleaned; they will
not break or burst when lifted; they are easily unloaded; and they
are of sufficient integrity to confine such litter or recyclables
between the regular collections thereof. On its own initiative, or
at the request of any person, firm or corporation, the Town Board
may approve as fit and suitable for such purposes any such container.
The term "private receptacle" shall include within its meaning those
containers commonly known as "dumpsters" or any other container when
used to accumulate or store refuse or trash.
[Amended 3-4-1997 by L.L. No. 1-1997; 10-21-2014 by L.L.
No. 5-2014]
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, beaches, squares, spaces,
grounds and buildings.
Images recorded on photographs, microphotographs, videotape,
electronic or digital images, or any other medium, showing the front
or rear of a vehicle, clearly identifying the registration plate number
of the vehicle.
[Added 6-21-2016 by L.L.
No. 12-2016]
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street cleanings and solid market and industrial
wastes.
A single- or multiple-family dwelling unit used for residential
purposes which is not located in an area of town zoned for commercial,
industrial, business, manufacturing or mercantile uses.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as, but not limited to, paper wrappings,
cardboard, tin cans, wood, glass, bedding and crockery.
The Town of Yorktown.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power.
[Amended 6-21-2016 by L.L. No. 12-2016]
A.
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 designated
for the deposit of such litter, or in an official town dump.
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 town 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
area or sidewalk in front of their premises free of litter.
No person shall throw or deposit litter from
any vehicle upon any street or other public place within the town
or upon private property.
A.
No person shall throw or deposit litter in any park
or beach within the town 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 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 town.
A.
No person shall throw or deposit litter on any private
property within the town, 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.
Any owner or person in control of premises upon which
litter shall be found shall, upon being ordered to do so by the Building
Inspector of the Town of Yorktown or an Assistant Building Inspector
of the Town of Yorktown, remove the same from the premises within
72 hours of having been so ordered. Any such order which is sent to
any person within the State of New York by mail shall be presumed
to have been received within two business days from the date of mailing.
Any such order which is sent to any person outside of New York State
by mail shall be presumed to have been received within four business
days from the date of mailing.
[Added 6-3-1997 by L.L. No. 8-1997]
C.
Trash pickup.
[Added 0-00-0000 by L.L. No. 12-1978]
(1)
No items or materials which are intended for bulk
trash pickup by the Town of Yorktown Environmental Conservation Department
shall be placed at curbside more than two days prior to the first
day scheduled for such pickup for the area on schedule promulgated
by the Environmental Conservation Department. These items intended
for bulk pickup may not be stored at the curb or in a public space
or in the area between the curb or public space and the nearest wall
of the main building and must be completely concealed from view.
[Amended 6-20-2000 by L.L. No. 11-2000]
(2)
No items or materials which are intended for regular
trash, rubbish or refuse pickup, including private receptacles therefor,
shall be placed at curbside or on the public way earlier than 5:00
p.m. on the day prior to the time of regularly scheduled pickup, or
allowed to remain beyond midnight of the day the pickup actually occurs.
Except within the aforementioned specified times, these items or materials,
including private receptacles therefor, may not be placed or stored
at the curb or in a public space or, in the case of a private premises,
in the area between the curb or public space and the nearest wall
of main building on said premises, unless within an enclosure and
completely concealed from view.
[Amended 3-4-1997 by L.L. No. 1-1997]
A.
In public places. No person shall throw or deposit
any handbill in or upon any sidewalk, street or other public place
within the town. 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 handling or transmitting any such
handbill directly to an occupant, unless he 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 them being carried
or deposited by the elements upon any street, sidewalk or other public
place or upon private property.
A.
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, utility pole or tree or upon any public structure
or building, except as may be authorized or required by law.
B.
Exemptions. The prohibitions contained in this section
shall not apply to:
(1)
Notices, posters or other papers or devices calculated
to attract the attention of the public to a garage sale. Such notices,
posters, or other papers or devices may not be posted more than six
days prior to such garage sale and must be removed within three days
thereafter.
(2)
Notices, posters or other papers or devices calculated
to attract the attention of the public to a not-for-profit function
or event of any charitable, educational, cultural, fraternal, religious
corporation, association or institution, civic group, service club,
voluntary association or not-for-profit corporation (but not political
posters). Such notices, posters or other papers or devices may not
be posted more than six days prior to such function or event and must
be removed within three days thereafter.
A.
Any person committing an offense against any of the
provisions of this chapter shall be punished, upon conviction, by
a fine not exceeding $500 a day or by imprisonment not exceeding 15
days, or by both such fine and imprisonment. The continuation of an
offense against the provisions of this chapter shall constitute, for
each day the offense is continued, a separate and distinct offense
hereunder.
[Amended 4-20-2004 by L.L. No. 10-2004]
B.
It shall be the duty of the duly appointed Building
Inspector and his agents, as well as the Town Police Department, to
enforce the provisions of this chapter.
[Added 6-2-1987 by L.L. No. 15-1987; 7-16-1991 by L.L. No. 24-1991]
C.
A person convicted of a violation of this chapter
within one year of a prior conviction for an unrelated offense under
this chapter shall be punished by a fine not to exceed $1,000 a day
or by imprisonment not to exceed 30 days, or by both such fine and
imprisonment.
[Added 6-2-1998 by L.L. No. 20-1998; 4-20-2004 by L.L. No. 10-2004]
[Added 6-21-2016 by L.L.
No. 12-2016]
A.
Legislative
intent. The Town hereby finds and determines that littering within
the Town is a threat to the health, well-being and safety of the residents
of the Town. As a result, the Town has determined to utilize any permissible
technological means available to reduce the incidence of littering.
Therefore, the Town has established a policy and procedure set forth
in this section to impose liability on the owner of a vehicle in any
instance where the image of the operator of such vehicle is captured
digitally or otherwise recorded throwing or depositing litter from
such vehicle upon any street or other public place within the Town
or upon private property.
B.
Owner
liability. The owner of a vehicle shall be liable for a civil penalty
imposed pursuant to this section if such vehicle is used or operated
with the permission of the owner, express or implied, in any instance
where a recorded image is obtained showing the operator throwing or
depositing litter from such vehicle upon any street or other public
place within the Town or upon private property.
C.
Notice
of liability. A notice of liability shall be sent by the Town's Code
Enforcement Officer by first-class mail to each person alleged to
be liable as an owner of a vehicle in violation of this section. A
notice of liability shall contain the name and address of the person
to be liable for the violation as the owner; the registration of the
vehicle involved in such violation; the location where the violation
occurred; the date and time of such violation. Further, the notice
of liability shall advise the person charged of the court having jurisdiction
to adjudicate the liability of the violation and the time in which
he or she may contest the liability alleged in the notice and that
a failure to contest the notice in the manner and time prescribed
shall be deemed an admission of liability.
D.
Certificate
as prima facie evidence. A certificate sworn to or affirmed by the
Town's Code Enforcement Officer primarily responsible for enforcing
the provisions of this chapter based upon a review of the recorded
images shall be prima facie evidence of the facts contained therein.
Any recorded images shall be available for inspection in any proceeding
commenced in a court of competent jurisdiction to adjudicate the liability
of such violation.
E.
Penalties.
An owner shall be required to pay to the Town for a violation of this
section a monetary civil penalty not to exceed $500 for each violation,
in addition to any other penalties contained in any other provision
law. In the event the Town is required to institute legal proceedings
in a court of competent jurisdiction to adjudicate the liability of
the violation and to recover such civil penalty, upon such adjudication
the Town shall be entitled to recover from the owner any and all associated
costs and disbursements incurred by the Town, if any, including attorney's
fees and interest upon any unpaid civil penalty calculated at the
statutory rate.
F.
Indemnification.
If the owner of a vehicle liable for the civil penalty imposed in
accordance with this section was not the operator of the vehicle at
the time of violation, the owner may maintain an action for indemnification
against the operator for any civil penalties paid as well as any costs,
disbursements or attorney's fees assessed against the owner.
G.
Defenses.
(1)
An
owner shall have a valid defense to an allegation of liability under
this section if the vehicle in question had been reported to a police
depmtment or agency as stolen prior to the time the violation occurred
and had not been recovered by the time the violation occurred. For
the purposes of asserting this defense, it shall be sufficient that
a certified copy of the police report on the stolen vehicle be sent
by first-class mail to the court having jurisdiction to adjudicate
the liability of the violation.
(2)
An
owner who is a lessor of a vehicle to which a notice of liability
is issued shall not be liable for the violation, provided that he
or she sends to the court having jurisdiction to adjudicate the liability
of the violation a copy of the rental, lease or other such contract
covering such vehicle on the day of the violation, with the name and
address of the lessee clearly legible, within 30 days after receiving
notice of such violation. Failure to send such information within
the 30 days shall render the owner liable for the penalty prescribed
in this section. When the lessor complies with the provisions of this
subsection, the lessee of such vehicle on the date of the violation
shall be deemed to be the owner of such vehicle for the purposes of
this section.
(3)
No
owner of a vehicle shall be subject to a monetary fine under this
section, if the operator of such vehicle was operating the vehicle
without the consent of the owner at the time of the violation. However,
there shall be a presumption that the operator of such vehicle was
operating the vehicle with the consent of the owner at the time the
violation occuned.
H.
Nothing
in this section shall preclude the Town's Code Enforcement Officer
or any other law enforcement officer from taking such other action
in connection with violations of any other applicable rules, regulations,
statutes or laws.
