LL #06-1989LOCAL LAW NO. IPOF TIIE YEAR 1989
LOCAL LAW CONTROLLING LITTERING AND REGULATING
THE STORAGE OF GARBAGE AND REFUSE.
Section 1. Purpose
The purpose of this local law shall be to protect and promote the health,
safety, and welfare of the people of the Town of Wappinger by controlling
littering and regulating the storage of garbage and refuse within the Town
of Wappinger.
Section 2. Definitions.
For the purpose of this local law, the following words, phrases and
terms and their derivations shall have the meanings 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. The word "shall" is always mandatory and not merely directory.
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AUTHORIZED PRIVATE RECEPTACLE. A litter storage and collection
receptacle of steel, aluminum or plastic of ten (10) to thirty (30) gallons'
capacity with tight cover, or larger steel container with closed lid.
GARBAGE. Putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
LITTER. Garbage, refuse and rubbish, as defined herein, and all other
waste materials which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare or tends
to create blight.
PARK. A park, playground, recreation center or any other public
area in the town, owned by the town and devoted to active or passive
recreation.
PERSON. Any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PREMISES. Any house, building or other structure not owned
or operated by the town, whether inhabited or temporarily or continuously
uninhabited or vacant, including any yard, ground, parking lot, walk,
driveway, porch steps, vestibule or mailbox belonging or appurtenant
to such house, building or other structure.
PUBLIC PLACE. Any and all streets, highway rights-of-way, sidewalks
or other public ways and any and all public or quasi -public parks, spaces,
grounds and buildings, including school grounds.
REFUSE. All putresible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, incinerator residue, street
cleanings, offal, dead animals, abandoned automobiles and any parts
thereof, agricultural wastes, commercial wastes, industrial wastes
and construction and demolition debris.
RUBBISII. 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.
TOWN. The Town of Wappinger
VEIIICLE. Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway or public street.
Section 3. Littering.
A. Litter in public places, placement in receptacles.
1. No person shall throw or deposit litter in or upon any street, highway
right-of-way or other public place within the town, except in public receptacles
or in authorized private receptacles for collection. No person shall throw
or deposit litter in any private receptacle which lie does not own without the
consent of the owner thereof.
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2. 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.
1. No person shall sweep into or deposit in any gutter, street, highway
right-of-way 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.
4. No person shall sweep into, throw, deposit or cause to be deposited
in any gutter, street, highway right-of-way or other public place within the
town any accumulation of dirt, mud, stone or combination thereof. The owner
of the property, the lessee of property and, as the case may be, the operator
of any business thereon, including the business of building construction, shall
take all steps necessary to prevent dirt, mud and stone from being deposited
in any gutter, street, highway right-of-way or other public place by any person,
vehicle or natural means such as but not limited to erosion and runoff from
said property. Nothing contained in this subsection shall be construed as prohibiting
the use in a reasonable manner of sand or stone for the purpose of reducing
the hazard of, or providing traction on, snow, ice or sleet.
B. Litter from vehicles.
1. No person shall throw or deposit litter from any vehicle upon any
street or other public place within the town or upon private property.
2. No person shall drive or move any truck or other vehicle within 4' .
the town unless such vehicle is so constructed or loaded as to prevent any
load, contents or litter from being blown or deposited upon any street or other
public place or private property. All vehicles shall be properly covered pursuant
to the Vehicle and Traffic Law of the State of New York and any other laws,
rules or regulations.
C. Litter in parks, rivers and streams.
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1. No person shall throw or deposit litter in any park 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 upon any street or other public or private place. Where public receptacles
are not provided, all such litter shall be carried away from the park by the
person responsible for its presence and properly disposed of elsewhere as provided
herein.
2. No person shall throw or deposit litter in any pond, river, stream
or any other body of water in a park or elsewhere within the town.
D. Litter on private property'
1. No person shall throw or deposit litter on any private property
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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, highway right-of-way, sidewalk or other public place or upon private
property.
2. The owner or persons in control of private property or any portion
thereof shall at all times -maintain the premises, or that portion controlled
by him, free of litter, except when stored properly in authorized private receptacles
for collection, when such persons shall have actual notice thereof or when
said litter shall have been present a sufficient length of time to constitute
constructive notice.
Section 4. Storage or accumulation of garbage and refuse:
A. Generally.
No garbage or refuse shall be stored or accumulated on any premises
within the Town of Wappinger except as permitted by this local law.
b. Accumulation of garbage and refuse exempt for collection.
No person shall allow accumulation of garbage or refuse upon the premises
owned or occupied by him, except for the purpose of being collected, and no
garbage or refuse shall be burned in an open fire or in a metal basket,; can
or drum in any part of the town.
C. Required number and type of receptacles:
Every person who is an owner, lessee or occupant of any residence,
building, premises or place of business within the town shall provide, or cause
to be provided, and at all times keep suitable and sufficient authorized private
receptacles for receiving and containing garbage or refuse that may accumulate
or be used upon said premises. No such receptacle shall be kept near any public
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place longer than may be necessary for the removal of the contents thereof.
All receptacles used for the reception of garbage or refuse shall be provided
with proper covers and such receptacles shall at all times be securely closed
and watertight.
D. Large Receptacles.
1. No person shall maintain or cause to be maintained, on any premises,
a one and one -Half (11) cubic yard or larger receptacle for garbage or refuse,
commonly known as a dumpster, unless at all times said receptacle meets
the following requirements:
(a) The receptacle owner's name must be clearly displayed
on the receptacle in lettering no smaller than four (4) inches
and no larger than six (6) inches;
(b) The receptacle must be adequately painted in a solid
color and kept free of rust;
(c) The receptacle must display reflectors or reflectorized
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tape;
(d) The area around the receptacle must be kept free of
debris and spillage;
(e) The receptacle top must be closed securely except when
garbage or refuse is actually being deposited in the receptacle;
and
(f) The receptacle must be watertight and free of leakage.
2. The requirements of subparagraphs (e) and (f) above shall not apply
to receptacles which are used exclusively for the following purposes:
(a) The storage and collection of used beverage containers,
or
(b) The collection and temporary storage of construction
or demolition debris at a job site for a period not to exceed
six (6) months.
Section 5. Penalties for offenses.
Any person violating any of the provisions of this local law shall be
punished, upon conviction, by a fine not exceeding FIVE HUNDRED ($500.00)
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DOLLARS. Each day of continued violation of this local law, after written
or 1 -A
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$�'.. j. :i �f �, � ��: .�'�, } � .. I�.r•�n _"�.'�IA de .,i�ty �. �o�1 ail ".A•.. •4-� .�.. _�. 1:��' .�.. .. .. , K,.,bt..
�notice thereof, shall constitute a separate additional violation. In addition,
the town may also institute an action or proceeding, including an injunction,
to compel compliance with or prevent violations of this local law.
r SECTION 6. Severability
Should any section, paragraph, sentence, clause or phrase in this local
law be declared unconstitutional or invalid for any reason, the remainder of
the local law shall not be affected thereby and shall remain in full force and
effect, and, to this end, the provisions of this local law are declared to be
severable.
SECTION 7. When effective.
This local law shall take effect immediately upon its filing with the
Secretary of State.
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