[HISTORY: Adopted by the Council of the City of Beacon 1-17-1972 as Art. II of Ch. 12 of the 1972 Code of Ordinances. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Beacon Anti-Litter Ordinance."
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- A mixture of decayed or decaying organic matter, originating
from the residential property upon which the compost is located, used
to fertilize soil. Compost is usually made by gathering plant material,
such as leaves, grass clippings and vegetable peels, paper, cardboard,
dried-out eggshells, coffee and tea into a pile or bin and letting
it decompose as a result of the action of aerobic bacteria, fungi,
and other organisms.[Added 7-18-2011 by L.L. No. 10-2011]
- COMPOST CONTAINER
- A contained area, other than within the front yard, where
yard and vegetable food debris are stored for the purpose of creating
compost (organic material broken down/decomposed by microorganisms
to provide a nutrient-rich addition to soil for gardening) to be used
on the residential property upon which the compost is located. This
area may be a container or an open pile. All containers or piles must
be covered either with container lid or yard debris, straw, hay, sawdust,
or wood chips so that there is no visible sign of garbage or foodstuff.
Items appropriate for composting include cardboard or clean paper,
dried-out eggshells, leaves, yard trimmings, fruits and vegetables,
coffee and tea. Dairy, fish, bones, meat products, fatty food wastes
and animal or human waste are prohibited from inclusion in a compost
collection.[Added 7-18-2011 by L.L. No. 10-2011]
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Includes garbage, refuse and rubbish, as those terms are
defined herein.[Amended 6-15-1992 by L.L. No. 4-1992]
- Includes a park, reservation, playground, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation.
- PRIVATE PREMISES
- Includes any yard, grounds, walk, driveway, porch, steps or mailbox belonging or appurtenant to any dwelling, house, building or other structure.
- PUBLIC PLACE
- Includes 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 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.
Word usage. The word "shall" is always mandatory and not merely directory.
No person shall deposit household rubbish or garbage in public litter receptacles.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City.
No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or any litter from any public or private sidewalk or driveway.
No person shall throw or deposit litter in any park within the City. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
No person shall have in his possession while in any park within the City of Beacon any glass bottles, glass containers or glass of any kind, whether said glass bottles or glass containers are full or empty while in said park.
[Amended 3-16-1992 by L.L. No. 2-1992]
No person, being the driver or a passenger in a vehicle, shall throw or deposit litter upon any street or public place within the City or upon any private property.
No person shall transport in any truck or other vehicle, or in any other manner, through the public streets of the City, streets to which the public has access or over any land owned or controlled by the City any ashes, waste material, rubbish, discarded boxes, barrels or other containers of merchandise or discarded material of any kind or description consigned to a dump or to any other destination, unless the same is conveyed or transported in a truck, vehicle or other manner entirely covered or enclosed so that material cannot escape while being so transported. In the event that the same shall be transported or conveyed other than in an entirely enclosed truck, vehicle or otherwise, such material being so transported and conveyed shall be covered by a canvas or covering of a similar nature securely fastened so as to prevent the material escaping from the truck, vehicle or otherwise onto the streets, sidewalks, ways, public land or private property. It shall be unlawful for any person to so convey and transport ashes, rubbish, waste or discarded material of any nature through the public streets of the City, on ways open to the public or over land owned or controlled by the public or willfully to deposit or negligently allow such material to escape onto the streets and other places while being so transported and conveyed. It shall be the duty of every person transporting and conveying such material to stop and recover the same in the event of any escape or loss thereof, irrespective of the cause of the escape or loss.
No person shall throw or deposit in any pond, brook or natural waterway within the limits of the City any dead animal, dead fish or fish waste; or any rubbish, filth, foul or offensive substance; or any refuse matter whatsoever; or any fuel, lubricating oil, fish oil or other greasy substance, so that the same shall create a danger to the public health, safety and welfare.
No person shall knowingly 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.
[Amended 6-15-1992 by L.L. No. 4-1992; 7-18-2011 by L.L. No. 10-2011]
No person shall throw or deposit litter on any occupied private property, whether owned by him or not, except that the owner or person in control of property shall maintain private receptacles for collection in such manner that litter will not be carried or deposited by the elements upon any other public place or upon any private property. Compost collections are not considered litter or garbage when used and stored on one's own property and appropriately screened from view, provided that such compost heaps do not develop obnoxious odors, attract rodents or other animals or otherwise create a hazard to the health and enjoyment of neighboring property owners. Compost collections shall be covered, whether with a lid or grass and leaves, so that decomposing foodstuffs are not visible, cannot be blown or distributed to other property, produce no obnoxious odor and attract no insects or animals.
[Amended 6-15-1992 by L.L. No. 4-1992]
No person shall throw or deposit litter on any open or vacant private property, whether owned by such person or not.
[Amended 7-5-1989; 6-15-1992 by L.L. No. 4-1992]
The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not be construed to prohibit the storage of litter in private receptacles for collection.
[Amended 7-5-1989; 3-16-1992 by L.L. No. 2-1992; 6-15-1992 by L.L. No. 4-1992; 9-18-1995 by L.L. No. 8-1995; 1-3-2000 by L.L. No. 3-2000]
Notice to remove. The Code Enforcement Officer, or his duly designated agent, is authorized and empowered to notify the owner of any private premises or vacant land or the tenant or agent of such owner to dispose properly of litter located on such owner's property. Where the Code Enforcement Officer determines that the violation endangers the public health, safety and welfare or is in a public thoroughfare such as a sidewalk, such written notice shall be affixed to or posted upon such lot or land and shall be mailed to such owner, lessee or occupant at his last known address via overnight mail. Where the Code Enforcement Officer does not determine that the violation endangers the public health, safety and welfare or is in a public thoroughfare, such written notice shall be made by registered or certified mail, return receipt requested, addressed to said property owner, or his agent or tenant, at his last known address or served personally upon said owner, tenant or agent.
Action upon noncompliance. Where the code enforcement officer has determined that the litter is a danger to the public health, safety or welfare or where said litter interferes with a public thoroughfare such as a sidewalk, upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose of said litter within 48 hours after the date of the mailing or posting of the notice, the Code Enforcement Officer or his duly designated agent shall cause such litter to be removed from the subject property. Where the Code Enforcement Officer has not determined that the subject litter is a danger to the public health, safety or welfare or is in a public thoroughfare, such as a sidewalk, upon the failure, neglect or refusal of any owner, tenant or agent so notified to dispose properly of said litter within seven days after the date of the mailing or posting of the notice, the Code Enforcement Officer, or his duly designated agent, is authorized and empowered to cause such litter to be removed from the subject property.
Reimbursement of funds expended; penalty assessment. The actual cost to the City of such removal plus a sum equal to 5% of such actual cost for inspection and other additional costs in connection therewith, together with a penalty in the amount of $100 shall be certified by the Building Inspector to the City Administrator, and the amount thereof shall become and be a lien upon the property on which said litter was removed by the City, and the total amount thereof shall be added to or become a part of the next annual assessment roll at the time and in the manner prescribed by the Charter of the City and subject to all the provisions thereof.
The second and each subsequent violation of this chapter that is not remedied within 48 hours of notification of said violation by the City shall result in an administrative penalty of $100 in addition to any other fines, penalties or expenses that are due in the City of Beacon under this section.
Any person affected by any notice of violation issued in connection with the enforcement of any provisions of this chapter or of any rule or regulations adopted pursuant thereto may request and shall be granted a hearing before a hearing officer to be appointed by the Mayor, provided that such person shall file, within 10 days of the service of the notice of violation pursuant to § 143-13E, in the office of the City Administrator, a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person and his address upon whom an order may be served and setting forth the reasons why such notice of violation should be modified or withdrawn, on a form as provided by the City Administrator. If this request is filed within such ten-day period, compliance with such notice not be required while the hearing is pending. The hearing officer appointed by the Mayor shall not be any member of the staff of the City of Beacon.
[Amended 7-5-1989; 6-15-1992 by L.L. No. 4-1992]
The owner agent, lessee, tenant, occupant or other person who manages or controls a building or lot shall be jointly or severally responsible for keeping the sidewalk, flagging, curbstones and the air shafts, areaways, backyards, courts, parking lots and alleys adjacent to his or her premises free from litter.
[Added 6-15-1992 by L.L. No. 4-1992]
It is hereby declared to be a duty of the owner or operator of a takeout restaurant, delicatessen or luncheonette to provide not less than one authorized private receptacle for the receipt of trash, litter, paper, napkins, cups and remnants of food and nonfood items at each exit available to the patrons as they leave the premises. If the owner or operator of the same shall fail to provide such receptacles, he shall be fined, upon conviction, as provided in this chapter.
[Added 6-15-1992 by L.L. No. 4-1992]
The Code Enforcement Officer or Building Inspector of the City of Beacon or any police agency with jurisdiction in the City of Beacon is hereby empowered and authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter.
[Added 7-5-1989; amended 6-15-1992 by L.L. No. 4-1992; 3-21-1994]
Any person or persons, association, firm or corporation who shall be found guilty of disposing of over 10 pounds of litter in violation of this chapter shall be punishable by a fine of $1,000 for the first offense and $2,500 for a second offense and further violations of this chapter.