It is found and declared that by reason of accumulation
of litter, rubbish and garbage in certain areas of the Town of Babylon
the health, safety and welfare of the citizens of the community has
been impaired. By reason of timely regulations and restrictions as
herein contained, the growth of blight may be prevented, the neighborhood
and property values thereby maintained and the public health, safety
and welfare of the citizens of the Town protected and fostered.
No person shall drive or move any truck or other
vehicle within the Town unless such vehicle is so constructed or located
as to prevent any load, contents or litter from being blown or deposited
upon any street, alley, sidewalk or other public place.
[Amended 4-7-1976 by L.L. No. 11-1976; 4-27-2022 by L.L. No. 10-2022]
The Commissioner of Environmental Control of
the Town of Babylon is hereby authorized to enforce this chapter.
The Commissioner of Environmental Control or any Deputy Commissioner
or other Town employee authorized by said Commissioner may commence
proceedings before any court having the jurisdiction to adjudicate
the violation of any provision of this chapter, including the Bureau
of Administrative Adjudication.
[Amended 11-6-2008 by L.L. No. 27-2008; 4-27-2022 by L.L. No. 10-2022]
Any person who shall violate any of the provisions
of this chapter or who shall fail to comply therewith or with any
of the requirements thereof shall be guilty of an offense and, upon
conviction thereof, a fine of not less than $250 nor more than $1,000
must be imposed or a term of imprisonment for a period not to exceed
15 days may be imposed, or both, for conviction of a first offense;
for conviction of a second offense, both of which were committed within
a period of five years, a fine of not less than $1,000 nor more than
$2,500 must be imposed or a term of imprisonment for a period not
to exceed 15 days may be imposed, or both; and, upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, a fine of not less than $2,500 nor more than
$5,000 must be imposed or a term of imprisonment for a period not
to exceed 15 days may be imposed, or both. Any person found by the
Bureau of Administrative Adjudication to have violated any provision
of this chapter shall likewise be subject to a monetary penalty in
an amount within the range of fines authorized herein for a first
offense and subsequent offenses.