[HISTORY: Adopted by the Town Board of the Town of Union Vale 12-20-1990
by L.L. No. 6-1990 (Ch. 63 of the 1983 Code). Amendments noted where applicable.]
It is hereby determined by the Town Board that litter carelessly deposited
in the Town is a cause of civic disgrace; that litter is a health, fire and
safety hazard and pollutant; and that litter is a matter affecting the public
interest and consequently should be subject to supervision and administrative
control for the purpose of safeguarding the health, safety and general welfare
of the people of the Town.
The Town Board of the Town of Union Vale does hereby ordain and enact
the Town of Union Vale Littering Law pursuant to the authority and provisions
of § 130 of the Town Law and § 10 of the Municipal Home
Rule Law.
As used in this chapter, the following terms shall have the meanings
indicated:
Putrescible animal and vegetable waste resulting from the handling,
storage, sale, preparation, cooking or consumption of food.
Garbage, refuse, handbills, newspapers and rubbish, as such are defined,
and all other waste materials which, if thrown or deposited as herein prohibited,
tend to create a danger to the public health, safety and welfare or render
the streets, private grounds or public places unsightly, including household
waste.
A park, playground, recreation center or any other public area owned
or used by the Town of Union Vale or other public entity or government, which
is devoted to recreational purposes.
Any person, firm, partnership, association, political subdivision,
government agency, corporation or organization of any kind.
Any dwelling, house, building or other structure designated or used,
either wholly or in part, for private residential purposes, whether inhabited
or continuously uninhabited or vacant, and includes any yard, grounds, walk,
driveway, porch, steps or vestibule belonging or appurtenant to such dwelling
house, building or other structure.
Any or all streets, sidewalks, boulevards, alleys or other public
ways, and any and all public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the federal, county,
Town, state or government or any governmental agency.
The tendency of organic matter to decompose with the formation of
malodorous by-products.
All putrescible solid waste, except body wastes, including but not
limited to garbage, rubbish, ashes, street cleaning, dead animals, abandoned
automobiles, dismantled automobiles and parts thereof, scrap metal, junk,
machinery and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, glass,
bedding, crockery, furniture, building materials and similar materials.
Any lakes, ponds, reservoirs, perennial streams and springs, rivers,
creeks, marshes, regulated and unregulated wetlands and all other perennial
bodies of surface water, natural or artificial, public or private.
All retail stores which permit off-premises consumption of food or
beverage.
The Town of Union Vale, County of Dutchess, State of New York.
Real property owned by the Town of Union Vale.
Every vehicle 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.
A.
Littering prohibited. No person shall throw or deposit
litter in or upon any Town property, except in public receptacles or in authorized
private receptacles for collection; provided, however, that said public receptacles
shall not be used by persons owning or occupying property in the vicinity
of said public receptacles for the deposit of domestic, commercial and industrial
litter arising from the conduct of said daily activities.
B.
Litter thrown from vehicles. No person, while a driver
or passenger in a vehicle, shall throw or deposit litter upon any Town property
or private property.
C.
Litter from trucks. No person shall drive or move any
truck or other commercial vehicle unless the vehicle is so constructed or
loaded as to prevent any litter from being blown or deposited upon any Town
property or private property.
D.
Parks. No person shall throw or deposit litter in any
park except in public receptacles and in such a manner as to prevent such
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 litter shall be carried from the park by the person responsible
for its presence and shall be properly disposed of elsewhere.
E.
Surface waters. No person shall throw or deposit litter
in any Town-owned lake, pond, stream, bay or any other body of water.
F.
Private property. No person shall throw or deposit litter
on any private property, whether owned by him or not except that the owner
or person in control of private property shall maintain private receptacles
or collection in such a manner that litter will not be carried or deposited
by the elements upon any other public place or upon any other private property.
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.
A.
Distribution on Town property. No person shall throw
or deposit any commercial or noncommercial handbill in or upon any sidewalk,
street or other Town property.
B.
Distribution to vehicles. No person shall throw or deposit
any commercial or noncommercial handbill in or upon any vehicle.
C.
Distribution on uninhabited or vacant private property.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any private property which is temporarily or continuously unoccupied
or vacant.
D.
Distribution on inhabited private property. No person
shall throw, deposit or distribute any commercial or noncommercial handbill
in or upon private property within the Town unless the person distributing
such handbill obtains the written consent of the person owning or occupying
the property. However, this prohibition shall not apply to the distribution
of advertising materials through the mail nor to newspapers nor to the distribution
of advertising material by any charitable organization and/or nonprofit organizations,
except that these newspapers and all such advertising materials 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 property
or upon private property.
It is hereby declared to be a duty of the owner or operator of a take-out
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.
A.
Notice to owner 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 agent of such owner, to dispose
properly of litter located on such owner's property, which is dangerous to
the public health, safety or welfare. Notice shall be by registered or certified
mail, return receipt requested, addressed to said property owner or his agent
at his last known address or served personally upon said owner or agent.
B.
Action upon owner's noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to dispose properly of said litter within 10 days from receipt of the written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event that it is returned to the Town by the United States Postal Service because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner or agent, the Code Enforcement Officer or his duly designated agent is authorized and empowered to cite the owner or agent of such owner with a violation of this chapter.[1]
[Amended 6-12-2003 by L.L.
No. 4-2003]
Any Code Enforcement Officer or Constable of the Town of Union Vale
or any police agency is hereby empowered and authorized to issue or cause
to be issued an appearance ticket for any violation of any of the provisions
of this chapter, returnable in the Justice Court of the Town of Union Vale
or any other court of competent jurisdiction, and to exercise such powers
as may be necessary or convenient to carry out and effectuate the purposes
and provisions of this chapter.
[Amended 5-11-2000 by L.L.
No. 1-2000]
Any person or persons, association, firm or corporation who shall violate
any of the provisions of this chapter shall be guilty of an offense and shall
be punishable by a fine of not more than $500 for the first offense and $750
for the second and any subsequent offenses.
In the event that a landowner fails to properly dispose of litter on his/her property after being notified to remove the litter as provided in § 161-8 of this chapter, the Code Enforcement Officer or his duly designated agent shall notify the owner or agent of such owner that he/she has been found to be in violation of this chapter, that a fine has been assessed him/her and the amount of said fine. The notice shall also state that if said fine is not paid to the Town within 30 days of the date of said notification, then the fine will be charged to the property owner on the next regular tax bill. Said notice shall be sent to the owner of the property or the agent of such owner by registered or certified mail, return receipt requested, addressed to the last known address or served personally upon said owner or agent.
Where the full amount of the fine is not paid by the owner within 30 days of the date of the notice of fine as specified in § 161-11, then and in that case, the Code Enforcement Officer shall certify the amount of the unpaid fine to the Town Tax Collector who shall cause the amount of the unpaid fine to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount of the unpaid fine 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 law for the collecting of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event that they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent The certification of the Code Enforcement Officer, 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.
Each day's continued violation of this chapter shall constitute a separate
additional offense.
