Town of Wallkill, NY Littering

Garbage, refuse and rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

§ 150-3 Litter in public places.

No person shall throw, place or deposit litter in or upon any street, roadway or sidewalk or other public place within the town except in public receptacles or in authorized private receptacles for collection.

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.

No person shall sweep, place or deposit in any gutter, street, roadway or other public place within the town any litter 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.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the town.

No person shall drive or move any truck or other vehicle within the town unless such vehicle is so constructed or loaded as to prevent any litter from being blown or deposited upon any street or other public place; nor shall any person drive or move any vehicle or truck within the town, the wheels or tires of which shall carry onto or deposit, in any road or street or other public place, mud, dirt, sticky substances or foreign matter of any kind.

Snow or other debris on roadways.

[Added 5-11-2005 by L.L. No. 7-2005]

(1)

No person shall drop, throw, deposit, or cause to exist upon any highway any glass bottle, glass, nails, tacks, wires, cans, snow or any other material or substance likely to injure any person, animal, or vehicle upon such highway.

(2)

Any person who drops, or permits to be dropped, thrown, or deposited, upon any highway, any destructive, dangerous, or injurious material or any material, which interferes with the safe use of the highway, shall immediately remove the same or cause it to be removed.

(3)

Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

§ 150-4 Litter on private property.

No person shall throw, place or deposit litter on any private property within the town, whether owned by such person or not.

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

§ 150-5 Clearing of litter.

Notice to remove. The Commissioner of Public Works or his authorized representative is hereby authorized and empowered to notify the owner of any property within the town, or the agent of such owner, to properly dispose of litter located on such owner's property. Such notice shall be served in person or by registered mail, addressed to the owner at his last known address.

Action upon noncompliance. The Commissioner of Public Works, five days after personal service of such notice or 10 days after service by registered mail, may cause the disposal of such litter and shall submit a sworn statement of the cost and expense of doing said work to the Town Clerk. The minimum charge shall be $50.

Charge included in tax bill. When the full amount due the town is not paid by such owner within 30 days after the disposal of the litter, the sworn statement of the cost and expense shall constitute a lien on the property for the amount due and shall be collected at the next regular tax collection in the manner fixed by law for the collection of taxes and shall bear the same interest and penalty as taxes.

§ 150-6 Penalties for offenses.

Any person violating any of the provisions of this chapter shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount not exceeding $500. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder; said individual shall also be subject to imprisonment for up to 30 days.

[Amended 5-10-1990 by L.L. No. 7-1990]

If any person furnishes information leading to the arrest and conviction of an individual or corporation for violation of this chapter, the Town Board is hereby authorized to grant a reward to said person of up to $150.