Town of Chester, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Chester 8-4-1970 by L.L. No. 2-1970; amended in its entirety 6-24-1974 by L.L. No. 2-1974. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
A. 
Includes the following:
(1) 
Garbage, refuse and rubbish.
(2) 
All waste materials customarily handled and collected by refuse collectors and junk dealers.
(3) 
Items known as "junk," regardless of size, discarded or abandoned by reason of obsolescence, age or state of repair, or intended to be discarded, abandoned or junked, including but not limited to discarded household furnishings and appliances, crates, boxes, cartons, building materials, vehicles, machines, farm equipment, parts of vehicles or machines or equipment.
(4) 
Signs, handbills, discarded reading material, newspapers, magazines and similar paper goods.
(5) 
Cans, containers, boxes, cartons and wrappers, with or without contents.
B. 
Excludes the following:
(1) 
Equipment in actual use by the owner of the property for farming, gardening or construction of improvements on the property site.
(2) 
Vehicles carrying current registration plates unless abandoned by the owner thereof for 48 hours or more.
(3) 
Firewood and construction materials reserved and stored upon premises for future use upon said premises, except that same must be stored and stacked in orderly fashion and be free from debris not intended or designed to be used in such future construction. Such materials shall not be stored in any front yard nor within 75 feet of rear or side yards.
(4) 
Contractors' supplies and materials stored on premises during periods of construction for which a building permit has been issued and prior to issuance of certificate of occupancy.
(5) 
Recreation equipment and articles in actual use by the owner of the property and his family or his tenants.
PERSON
Includes an individual, partnership, corporation or other legal entity or association, organization or company.
THROWING or DEPOSITING
Includes throwing from a vehicle of any type or an aircraft or boat.
No person shall throw, deposit or abandon litter on any property within the Town, whether public or private and whether or not owned by such person, nor shall any property owner use his land for dumping of litter or permit dumping or accumulation of litter on his property by others, except that the owner or person in control of private property shall maintain private receptacles for the collection of litter in such a manner that litter will not be carried or deposited by the elements upon the yard or upon the streets or other public place or places.
Litter not contained in receptacles as aforesaid shall not be stored or piled on land within the Town except to facilitate delivery to the vehicle of a refuse collector, salvage dealer, licensed junk dealer or a person, firm or charitable organization customarily engaged in the removal, purchase, collection or salvage of discarded articles, and in such case shall not be so stored in anticipation of such collection for a period in excess of 48 hours.
Owners and persons in charge or control of all private property, whether resident thereon or not, shall at all times maintain the premises free of litter, except as provided in §§ 63-2 and 63-3 of this chapter.
No person shall throw or deposit litter upon any open or vacant property within the Town regardless of the ownership thereof.
No person shall throw or deposit litter in or upon any street, highway, walk, park, parking area or other public place within the Town except in public receptacles in such parks or public places.
No person owning or operating a place of business shall sweep or deposit litter from any building or lot in or into any street or public parking area, and the frontage of such business properties along streets, public parking areas and access drives leading to parking areas shall be kept free of litter.
No person shall throw or deposit any litter or foreign matter of any kind whatsoever in any fountain, pool, pond, lake, reservoir or its tributaries and watershed, or any body of water in a park or elsewhere within the Town, except that this provision shall not prohibit the authorized treatment and control of pools and reservoirs to control and regulate water purity and aquatic vegetation by persons or corporations having all required permits issued by state, county, Town and watershed authorities having jurisdiction over such treatment and such permits.
The prohibitions contained herein against the deposit of litter shall include activities known as "dumping"; the maintenance of dumps for any purpose, including landfill operations; and the use of any property in the Town as a dumping ground for the benefit of the owner or any other person.
Signs and posters advertising an event and election posters shall be removed by the persons or organizations responsible for the erection or affixing of such signs or posters within 10 days after the happening of the advertised event or election, as the case may be.
Performance of any act prohibited herein shall be deemed a violation of this chapter whether or not the act results in the creation of a hazard to public health or safety, it being the intent of this chapter to protect, preserve and enhance the community appearance, to protect public welfare, to preserve and maintain property values and to minimize nuisance as well as to protect against health hazards.
A. 
This chapter and the penalties provided herein shall be in addition to and not in substitution of the rights and remedies of the Town of Chester and its inhabitants at law and in equity under the Penal Law, Public Health Law, Vehicle and Traffic Law or any appropriate Orange County Sanitary Code and the Town Zoning Ordinance[1] for violations of said laws relating to conduct and activities similar to those prohibited herein.
[1]
Editor's Note: See Ch. 98, Zoning.
B. 
So much of this chapter as relates to abandonment or keeping of derelict vehicles shall be in addition to and not in substitution of the remedies available to the Town under any state or local law empowering the Town to remove and dispose of such vehicles.[2]
[2]
Editor's Note: See Ch. 92, Vehicles and Traffic, Art. V.
[Amended 5-1-1990 by L.L. No. 3-1990]
A. 
Minimum fines for first offenses of this chapter shall be not less than $250 or a term of imprisonment not to exceed 15 days.
B. 
The minimum fine for a second offense shall be not less than $500 or a term of imprisonment not to exceed 30 days.
C. 
The maximum fine for any offense of this chapter shall not exceed $1,000 or a term of imprisonment not to exceed 30 days.