Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 4-3-1974 by L.L. No. 2-1974 as Ch. 85 of the 1974 Code; amended in its entirety 12-13-2005 by L.L. No. 8-2005. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 250.
Vehicles and traffic — See Ch. 278.

§ 240-1 Legislative intent.

[Amended 9-20-2011 by L.L. No. 6-2011]
In protecting the health, safety and welfare of persons in the Town of Clarkstown, the Town Board, by the enactment of this chapter and its subsequent amendments, provides for the proper construction, repair and maintenance of the areas set aside for parking and the pedestrian walkways in shopping centers and other retail, service, office and public assembly spaces and establishments. The physical upkeep of these privately owned public spaces is a key factor in the safety of our residents, and their regular maintenance, which includes parking area and walkway upkeep and the required placement and maintenance of litter receptacles, will reduce the proliferation of litter in Clarkstown's streetscapes, landscapes and storm sewer systems. In addition, upkeep of landscaping features and proper property maintenance reduces visual blight and enhances the aesthetics of the Town. The unauthorized placement of containers, dumpsters, clothing bins, unauthorized fixtures, advertising vehicles and signs adds to visual blight and contributes to traffic safety concerns. By enforcing this chapter, the Town will upgrade the appearance of such spaces and enhance the quality of our suburban life, as well as protect our environment.

§ 240-2 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:
CLOTHING BINS
Freestanding receptacles, sometimes referred to as "dropoff boxes," "collection containers," "bins," "depositories," etc., which are generally metal in composition, with a depository drawer, placed on property for the purpose of receiving clothing, shoes, household items and the like from the public for donation, not-for-profit, charitable or other purposes.
[Added 9-20-2011 by L.L. No. 6-2011]
COMMERCIAL RETAIL SALES OR SERVICE ESTABLISHMENT
Premises used for the sale of goods and merchandise or to provide a service or entertainment, which is open to the general public in any zoning district.
LITTER
All waste material, including, but not limited to, nonoperable shopping carts or unregistered vehicles; bottles; glass; cans; scrap metal or paper; junk; garbage; rubbish; disposable packages or containers; tops, lids, caps, tabs or any detachable item; straws; cups and the like; discarded newspapers; flyers; circulars; cigarettes, cigars and the butts thereof; and any like material which is not placed in a proper receptacle or container or which is allowed to accumulate in any area other than one which is approved for such storage.
LITTER RECEPTACLE
A container of a size and design suitable for the deposit of litter, the size and design of which is subject to the approval of the Building Inspector or a designated Code Enforcement Official.
OWNER
The person or entity having fee title to the shopping center parking area or any lease interest therein, or the property manager, or agent or officer of any management company having responsibility over any shopping center parking area.
SHOPPING CENTER PARKING AREA
Any area set aside and open for the use of the general public for the purpose of permitting the parking of vehicles by persons traveling to and from the buildings housing commercial retail sales or service establishments including pedestrian walkways, when such parking area provides parking for more than five vehicles.

§ 240-3 Construction.

All shopping center parking areas shall be paved with a hardtop surface upon a suitable subgrade consisting of materials used in the construction of highways. The base shall be properly drained and sufficiently constructed to support the contemplated traffic load. Internal structural elements, such as curbing, lampposts, drains, parking space layout and striping, landscape islands and the like, shall at all times be maintained in a proper state of repair and shall be installed in accordance with specific approval criteria or other applicable regulations.

§ 240-4 Repair and maintenance.

[Amended 3-22-2016 by L.L. No. 4-2016]
A. 
Every owner shall maintain the shopping center parking area clear and free from snow, ice, dirt, debris, rubbish, litter, inoperable shopping carts, inoperable or unregistered vehicles, and any other obstructions. Every owner shall repair and maintain the surface of said areas so that they will be free from holes, obstructions and other hazards that will impair the health, safety and welfare of persons using such areas. Snow and ice shall be removed and cleaned away from shopping center parking areas, pedestrian areas, and sidewalks within 36 hours after such snow and ice shall have fallen or formed. Litter on shopping center parking areas and their pedestrian walkways, whether deposited by patrons or having migrated to the site through other means (e.g., dumping or weather related), must be completely removed at least one time daily by the owner, an employee, or agent. Every owner shall install and maintain litter receptacles at a minimum distance of one per 50 linear feet of store frontage, located as directed by the Building Inspector or duly authorized Code Enforcement Official. Such officials are empowered to grant waivers or require other litter control measures to reasonably resolve unusual conditions; provided, however, there shall be no less than two litter receptacles placed on any site as defined in this chapter. The maintenance of litter receptacles shall be performed on a regular basis to preclude overflow and the migration of litter. Such maintenance shall include sufficient frequency of collection as well as the sanitary maintenance of the receptacles themselves.
B. 
Any deviation from the standards as set forth above, or the reasonable direction of the Building Inspector or authorized Code Enforcement Officer, shall be a violation of this chapter.

§ 240-5 Rules and regulations.

[Amended 9-20-2011 by L.L. No. 6-2011]
A. 
The Building Inspector of the Town of Clarkstown or his/her designee, or the Code Enforcement Officers duly designated by such officials, are hereby empowered to promulgate rules and regulations for carrying out and administering the provisions of this chapter, subject to the approval of the Town Board. Such rules and regulations may include provisions and specifications for the construction, reconstruction, repair and maintenance of shopping center parking areas and pedestrian walkways to protect the general public from injury due to hazardous conditions in such areas and to prevent the migration and proliferation of litter and refuse throughout the Town's streetscapes and landscapes and from entering storm sewer systems. Such rules shall require compliance with original site plan, landscape and architectural plan, parking and drainage plan conditions as well as provisions to enforce the removal of unauthorized signage.
[Amended 3-22-2016 by L.L. No. 4-2016]
B. 
Clothing bins.
[Amended 8-20-2013 by L.L. No. 6-2013]
(1) 
Clothing bins as defined in § 240-2 above are only permitted in the LS, CS, RS and MRS Zoning Districts in the Town, subject to the following conditions:
(a) 
A limit of two bins may be placed on any individual property in the LS and CS Zoning Districts.
(b) 
A limit of four bins may be placed on any individual property in the RS Zoning District.
(c) 
A limit of eight bins may be placed in the MRS Zoning District.
(d) 
Placement of bins must not interfere with site plan traffic flow or parking spaces and must be accessible for dropoff by the public in a safe manner. Parking spaces and traffic lanes cannot be blocked by the placement of said bins.
(e) 
Collection must be made on an adequately frequent basis to prevent the stockpiling of donated items outside for extended durations of time.
(f) 
All provisions of New York State General Business Law § 399-bbb relating to the required posting and marking of information relating to the identification and provenance of the bin must be complied with.
(g) 
The responsibility for compliance with this subsection is with the property owner, lessee, agent, occupant as well as the owner of the clothing bin or the agent, manager or responsible party which places the bin.
(2) 
Notwithstanding § 240-6B, one clothing bin may be placed on any individual property occupied by a religious institution, school or a not-for-profit organization, provided all of the following conditions are applicable:
(a) 
The property is tax exempt;
(b) 
The premises are owned by a corporation or a domestic corporation as defined in § 102 of the Not-For-Profit Corporation Law;
(c) 
Such corporation was qualified as a Type B, C, or D corporation under the Not-For-Profit Corporation Law or, if such corporation has preexisted the adoption of such law, it would be so qualified.

§ 240-6 Enforcement; penalties for offenses.

A. 
The Building Inspector and Code Enforcement Officials of the Town of Clarkstown shall administer and secure compliance with this chapter.
[Amended 3-22-2016 by L.L. No. 4-2016]
B. 
The officials named in § 240-6A above shall cause periodic inspections to be made of shopping center parking areas; cause an investigation to be made of all complaints of alleged violations of this chapter; order, in writing, the remedying of all conditions found to exist in violation of this chapter or the rules and regulations adopted pursuant to this chapter; and state in the violation order a reasonable time limit for compliance therewith.
C. 
Any owner as defined in this chapter found guilty of a violation of this chapter shall be punished by a fine up to $1,000. Any owner as defined in this chapter found guilty of a second offense of any provision of this chapter within 18 months from the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000. Any owner as defined in this chapter found guilty of a third offense of any provision of this chapter within 18 months from the date of the second conviction shall be punished by a fine of not less than $5,000 and not more than $7,500. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Amended 3-16-2010 by L.L. No. 1-2010; 8-20-2013 by L.L. No. 6-2013]