Section 33 Anti-Litter By-Law Definitions
This By-Law shall be known and may be cited as Huntington’s Anti-Litter By-Law
For the purpose of the By-Law, the following terms, phrases, words, and their derivations shall have the meaning given herein.
- The word ‘garbage’ means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
- The word ‘litter’ includes, ‘garbage’, ‘refuse’ and ‘rubbish’ as defined herein and all other waste materials which, if thrown or deposited as prohibited in this article, tends to create a danger to public health, safety, and welfare.
- The word ‘park’ shall include park, reservation, playground, recreation center, or any other public area in the Town owned or used by the Town and devoted to the active or passive recreation.
- Private Premises:
- The term ‘private premises’ shall include any yard, grounds, walks, driveway, porch, steps, or mailbox belonging or appurtenant to any dwelling, house, building, or other structure.
- Public Place:
- The term ‘public place’ includes any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all public parks, squares, paces, ground, and buildings.
- The word ‘refuse’ means all putrescible and non-putrescible solid wastes (except bodily wastes) including garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes.
- ‘Rubbish’ is a non-putrescible solid waste consisting of both combustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials.
- The word ‘shall’ is always mandatory and not merely directory.
- The word ‘vehicle’ means 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.
2. Unlawful Use of Public Litter Receptacles
No person shall deposit household rubbish or garbage in public litter receptacles.
Littering Streets & Other Public Places Generally
a. No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the Town.
b. No person shall sweep into or deposit in any gutter, street, or other public place within the Town the accumulation of litter from any building or lot or any litter from any public or private sidewalk or driveway.
3. Littering Parks
No person shall throw or deposit litter in any park within the Town. 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.
4. Throwing Litter
No person, being the driver or a passenger in a vehicle, shall throw or deposit litter upon the street or public place within the Town, or upon any private property.
5. Unlawful Deposits in Ponds, Etc.
No person shall throw or deposit, in any pond, brook, or natural waterway within the limits of the Town, any dead animal, dead fish, or waste, rubbish, filth, foul, or offensive substance or any refuse matter whatsoever, fuel, lubricating oil, fish oil, or other greasy substance, so that the same shall create a danger to public health, safety, and welfare.
6. Deposit of Litter on Open or Vacant Property
No person shall throw or deposit litter on any open or vacant private property within the Town, whether owned by such person or not, no that the same shall create danger to the public health, safety, and welfare.
7. Duty to Maintain Private Property Free of Litter
The owner or person in control of any private property shall at all times maintain his premises free of litter so that the same does not constitute a danger to the public health, safety, and welfare. This section shall not prohibit the storage of litter in authorized private receptacles for collection.
8. Notice to Remove Litter From Open or Vacant Property
The Board of Health is hereby authorized and empowered to direct the owner of any private property within the Town, or the agent of such owner, to properly dispose of litter located on such owner’s property which is dangerous to the public health, safety, and welfare. Such request shall be by registered or certificate mail, addressed to the owner at his or her last know address.
Penalties: (Adopted ATM 5/2/94)
Maximum Fine Allowed: $100.00
Enforcement Agent: Board of Health
1st Offence: Warning
2nd Offence: $25.00
3rd Offence: $50.00
4th Offence: $100.00 per day
Each day a violation exists shall be deemed to be a separate violation.