[HISTORY: Adopted by the Town Board of the
Town of Babylon 12-16-1969. Amendments noted where applicable.]
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.
A.Â
The following definitions shall govern the interpretation
of this chapter unless otherwise expressly defined herein. Words used
in the singular shall include the plural and vice versa. The work
"shall" is always mandatory.
B.Â
GARBAGE
LITTER
PERSON
RUBBISH
TOWN
As used in this chapter, the following terms shall
have the meanings indicated:
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
Garbage, rubbish and any other waste material which, if thrown
or deposited as herein prohibited, tends to create a hazard to the
public health, safety and welfare or creates unsightliness.
Includes a natural person or persons, corporations, copartnerships,
unincorporated associations or any other organizations of two or more
persons who is or are the owners, mortgagee or vendee in possession,
assignee of rents, receiver, executor, trustee, lessee or agent directly
or indirectly in control of a building within the confines of the
Town as defined aforesaid.
As defined in § 133-18 of the Code of the Town of Babylon.
Includes all areas within the Town of Babylon, exclusive
of areas wholly within any incorporated village.
A.Â
No persons shall deposit, throw or scatter or cause
to be deposited or scattered any litter, filth, dirt, ashes, junk,
garbage, wastepaper, dust, rubbish, sticks, stones, grass, wood, leaves,
paper or paper boxes, iron, tin, nails, bottles, kind of rubbish or
waste material upon any sidewalk, highway or public place or upon
any vacant or improved lot, piece or parcel of ground abutting upon
any sidewalk, highway or public place or upon any private property
within the Town.
B.Â
No person shall sweep into or deposit or cause, suffer
or permit to be swept into or deposited in any gutter, street 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. Persons
owning or occupying property shall keep the sidewalk in front of their
premises free of litter.
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.
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.
[1]
Editor's Note: Local Law No. 11-1976 abolished the Department of Sanitation, under the Director of Sanitation, and created the Department of Environmental Control, headed by the Commissioner of Environmental Control. The powers and duties of said Department of Sanitation were transfered to the Department of Environmental Control. For the text of L.L. No. 11-1976, see Ch. 20.
[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.
