Village of Port Washington North, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Port Washington North as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 68.
Property maintenance — See Ch. 128.
[Adopted by Ord. No. XI; amended in its entirety 10-10-1995 by L.L. No. 11-1995]
For the purpose of this article, the following terms shall have the meanings given herein:
AUTHORIZED PRIVATE WASTE RECEPTACLE
A litter storage and/or collection receptacle made of impermeable metal or other impermeable hard-formed material which, except when being loaded or unloaded, is at all times securely covered with a tight-fitting impermeable cover and maintained on private premises by the owner or with the owner's consent.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Refuse and all other waste material, including but not limited to dirt, sand, gravel, clay, which, if thrown or deposited as herein prohibited, would tend to create a danger to public health, safety and welfare.
PRIVATE WASTE RECEPTACLE
A litter storage and/or collection receptacle maintained on private premises by the owner or the tenant or with either of their consent.
[Added 11-28-2005 by L.L. No. 13-2005]
PUBLIC WASTE RECEPTACLE
A litter storage and/or collection receptacle placed and maintained by the Village or other municipal body on any street, sidewalk, alley or other public place.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, sick, diseased or dead animals, abandoned automobiles or parts thereof, and manufacturing, trade or household waste.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, handbills, placards, posters, wrappings, cigarettes, cardboard, tin cans, grass, leaves, wood, branches, garden or tree clippings or prunings of any kind whatsoever, glass, bedding, crockery and similar materials.
No person shall dump, throw, scatter, deposit or direct, or suffer or permit any servant, agent or employee to dump, throw, scatter or deposit any litter in or upon any public street, highway, sidewalk, place or property or any private premises, or any vacant lot, lots or plots, or in fields or woodlands, streams, bays or other bodies of water within the boundaries of the Village of Port Washington North, except in authorized private waste receptacles and public waste receptacles for collection.
No person, being the owner, driver, operator, manager or conductor of any cart, truck or other vehicle or of any receptacle, shall scatter, drop, spill, deposit or permit to be scattered, dropped, spilled or deposited, any litter in or upon any road, street, highway, parkway or other public or private premises in the Village of Port Washington North, except in public waste receptacles or in authorized private waste receptacles for collection, and except as authorized by the Village for the deposit of salt, sand or other compounds on streets and sidewalks for the melting of ice or snow or for other safety purposes.
[Amended 11-28-2005 by L.L. No. 13-2005[1]]
A. 
No private waste receptacle shall be placed so as to contribute to or constitute the creation of a nuisance or to endanger the health of any person.
B. 
All private waste receptacles on private property that is used for any purpose other than for one detached single-family or one detached two-family dwelling shall be screened from view by legal structures, landscaping, fences, and/or gates at all times except when the gates to such enclosures are necessarily opened to gain access to the private waste receptacles when they are actually being loaded or unloaded of waste. Such screening shall be immediately around the private waste receptacle at such location and of such height and density, as determined by the Village Building Inspector, so as to fully screen the private waste receptacles from view. "Immediately around" as used in this section shall mean as close in proximity as is feasible to the private waste receptacle, leaving sufficient room for access to deposit and remove waste from the receptacle. Two or more private waste receptacles may be contained within the same enclosure.
[1]
Editor's Note: This local law also provided that the owner of any multifamily residential premises that legally existed on the date of adoption of this local law, within two months of its adoption date, could apply to the Board of Trustees for a waiver of some or all of the conditions of this local law based upon practical difficulties in compliance. Local Law No. 13-2005 also stated that it would take effect three months from the date of its adoption.
In all residence districts of the Village of Port Washington North, as designated by Article II of Chapter 176, Zoning, no owner, lessee, tenant, occupant or other person having possession or charge of any premises shall allow, permit or tolerate any waste receptacle to be placed or maintained on such premises at a distance of less than 10 feet from the curbline of a public street, except after 6:00 p.m. on the day immediately preceding days designated by the Village for garbage collection for such building or lot and on each such designated day.
Articles consisting of or containing highly inflammable, explosive or toxic matter shall be placed and kept in separate and suitably marked authorized private waste receptacles to insure safety in the handling thereof. All such litter shall be removed or incinerated with such frequency that the same shall not constitute or contribute to the creation of a nuisance and shall at all times be maintained and disposed of in accordance with all applicable federal, state and other municipal requirements.
Every owner, lessee, tenant, occupant or other person having possession or charge of any premises in the Village of Port Washington North shall keep and maintain the same and the sewerage and drainage installed therein or connected therewith in such manner that the same shall not seep or overflow onto adjacent premises or otherwise constitute or contribute to the creation of a nuisance.
Whenever any owner, lessee, tenant, occupant or other person having possession or charge of any premises in the Village of Port Washington North shall violate any provision of this article, the Village of Port Washington North, after giving such owner or occupant five days' written notice by certified mail to such owner or occupant's last known address, may cause such violation to be removed with the total cost thereof to be assessed upon such real property, and such assessment shall constitute a lien and charge on the real property against which it is levied until paid or otherwise satisfied and discharged, and such assessment shall be collected by the Village Treasurer in the manner provided by law for collection of delinquent taxes.
Nothing herein contained shall be construed to prohibit digging or excavating, changing of grade of any public sidewalk or street, lowering of curbs or any other activity for which a permit has been duly issued pursuant to law.
No person, being the owner of property in the Village of Port Washington North, shall cause or permit litter to discharge or pass or be conducted, by the natural agencies of weather or any other cause, onto any street or sidewalk within the boundaries of the Village of Port Washington North.
No person shall dump, throw, scatter, blow, deposit or direct, or suffer or permit any servant, agent or employee to dump, throw, scatter, blow, deposit or direct any leaves, branches, grass or other garden or tree clippings or prunings of any kind or nature whatsoever, in or upon any public street, highway, sidewalk, place or property or any private premises, or any vacant lot, lots or plots, or in fields or woodlands, streams, bays or other bodies of water within the boundaries of the Village of Port Washington North, without the prior written permission to do so from the owner or, if public or Village property, from the Village. It shall be an affirmative defense in any action brought pursuant to this section that such prior written permission had been given.
Any person violating any provision of this article shall be liable to a penalty of not more than $250 and/or 15 days' imprisonment. Said penalty shall be in addition to all other sums hereinabove provided to be paid. Each day a violation occurs shall be deemed a separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 1-6-1986 by L.L. No. 1-1986]
Unless otherwise expressly stated, the following terms whenever used in this article, shall respectively be deemed to mean:
DUMPSTERS
Any container used in the normal course of demolition or construction for the purpose of storing, containing and/or carrying debris.
PERSON
Any individual or individuals or corporation, partnership or voluntary association.
PUBLIC PROPERTY
Any property owned, leased or controlled by the Village or any street or highway within the Village.
VILLAGE
The Village of Port Washington North.
A. 
No person shall place, maintain or use a dumpster on public property without having first obtained a written permit to do so.
B. 
The person to whom the permit is issued shall be responsible for the following:
(1) 
That during all times when the dumpster is in use, a tarpaulin or other suitable cover is securely placed over the dumpster in order to protect the contents from being displaced and/or causing litter on public or private property.
(2) 
That during the hours of darkness, flashing signal lights are placed on or about the dumpster, as may be required by the Inspector of Street Maintenance, in order to insure the safety of pedestrian and/or vehicular traffic.
C. 
The dumpster shall not be located in such a manner as to cause its contents to spill on private or public property in any fashion whatsoever or in a place other than that authorized by the permit.
A. 
All permits required by this article shall be in writing and shall be issued by the Village Clerk. The Village Clerk shall issue the permit if it appears that the applicant has the need to use such a container and that the applicant is not able to physically locate the dumpster on his private property. Prior to the issuance of such a permit, the Village Clerk shall consult with the Inspector of Street Maintenance to determine that the proposed use of the dumpster shall not constitute a traffic and/or safety hazard.
B. 
No permit authorized by this article shall be granted except pursuant to an application in writing, executed by the person desiring such permit or by his agent. The application shall be on the form prescribed by the Village Clerk, stating the purpose, location and probable duration of time that the dumpster is to remain in place.
C. 
Insurance.
(1) 
Each application for a permit hereunder shall be accompanied by a certificate or certificates of insurance, in a form approved by the Village Clerk and issued by one or more insurance companies authorized to do business within the state, certifying that said company or companies has or have written the following policies of insurance and that said policies shall not be canceled except on 15 days' written notice to the Village:
(a) 
Comprehensive general liability, naming the Village as one of the insureds. This policy shall be written to cover bodily injury (including death) and property damage.
(b) 
A policy which will protect the Village against any loss due to damage caused to any street or other public property owned by the Village by reason of the placement, maintenance or use of the dumpster pursuant to any permit issued hereunder.
(2) 
The policies of insurance required by Subsection C(1)(a) and (b) above shall be written for not less than such amounts as may be established from time to time by resolution of the Board of Trustees of the Village.
D. 
No permit shall be issued until the fee herein set forth is paid to the Village.
E. 
Each and every permit issued pursuant to the terms and provisions of this article shall at all times be in the possession of the person in control of the dumpster and available for inspection by Village personnel.
The application shall be accompanied by such fee as may be determined from time to time by resolution of the Board of Trustees of the Village.
Violation of any of the terms and conditions of this article by the applicant, his agents, employees, or any contractor hired by the applicant shall be reason for immediate revocation of the permit by the Village Clerk. Such action shall be in addition to the penalties provided for in § 140-18 of this article.
Each and every violation of any provision of this article shall constitute a violation pursuant to the Penal Law and shall be punishable by a fine not to exceed $250.