[HISTORY: Adopted by the Board of Trustees of the Village of Greenport:
Art. I, 2-18-1988 as L.L. No. 4-1988 (Ch. 24 of the 1975 Code); Art. II, 10-14-1993
as L.L. No. 5-1993. Amendments noted where applicable.]
[Adopted 8-18-1988 as L.L.
No. 4-1988 (Ch. 24 of the 1975 Code)]
It is the intent of the Board of Trustees of the Village of Greenport
in enacting this Article to prevent injury to the public health, safety and
welfare due to improperly marked and situated dumpsters and to provide for
the regulation of such dumpsters.
As used in this Article, the following terms shall have the meanings
indicated:
Any container for the collection of garbage, refuse or rubbish with
four (4) cubic yards of capacity or larger.
[Amended 1-19-1989 by L.L.
No. 1-1989; 1-13-1994 by L.L.
No. 1-1994]
Before the permission is granted herein, the applicant shall procure
and submit to the Building Inspector a policy of casualty insurance with a
company or companies approved by the Village of Greenport, which insurance
policy shall be in customary form and provide for the payment of judgments
recovered against the applicant on account of injuries to persons or property
within the limits of the Village of Greenport up to the sum of one million
dollars ($1,000,000.) and shall hold the Village of Greenport free of any
and all liability, including but not limited to damages, attorney's fees,
costs and disbursements.
A.
No person, firm or corporation shall place, put, position
or situate a dumpster on any street, sidewalk or right-of-way without first
obtaining a separate dumpster permit from the Building Department for each
dumpster.
B.
Application for a dumpster permit shall be made to the
Building Inspector on forms provided by the Building Department and shall
contain the following information:
(1)
A description of the property or area where the dumpster
will be placed.
(2)
The full name and address of the applicant, or the names
and addresses of responsible officers, if the applicant is a corporation.
(3)
A brief description of exactly where the dumpster is
placed.
(4)
Such other information as may be reasonably required
to establish compliance with the requirements of the applicable ordinances
and regulations.
C.
Application shall be made by the owner or lessee, or
agent of either. Where such application is made by a person other than the
owner, it shall be accompanied by an affidavit of the owner or applicant that
the applicant is authorized to make such application.
D.
The Building Inspector shall examine or cause to be examined
all applications for permits and the insurance plans filed therewith; he shall
approve or disapprove the application within a reasonable time.
E.
Upon approval of the application and upon receipt of
the legal fees therefor, the Building Inspector shall issue a dumpster permit
to the applicant upon the form prescribed by him and shall affix his signature
or cause his signature to be affixed thereto. The approved permit shall be
kept at the site open to inspection by the Building Inspector or his authorized
representative at all reasonable times.
F.
A dumpster permit is effective for fourteen (14) days
and may be renewed by contacting the Building Inspector. The Building Inspector
may allot a longer time period to the applicant dependent upon need and a
request for such submitted with the application.
A.
A dumpster may be placed on or near a sidewalk, street,
road, driveway or alley only if there is no alternative site near where it
is needed. No dumpster shall partially or totally block any place of ingress
or egress.
C.
Dumpsters shall be properly and promptly emptied by the
applicant, and under no condition shall the dumpster be filled beyond its
rated capacity.
Upon filing of an application for a dumpster permit, the following fee
of twenty-five dollars ($25.) shall be payable to the Village of Greenport.
It shall be unlawful for any person, firm or corporation to place, put,
position or situate a dumpster in violation of any provision of this Article
or to fail in any manner to comply with a notice, directive or order of the
Building Inspector, or to use any dumpster in a manner not permitted by an
approved dumpster permit.
A.
A person who shall knowingly violate any of the applicable
provisions of this Article or any lawful order, notice, directive, permit
or certificate of the Building Department made thereunder shall be guilty
of disorderly conduct, and such person shall be a disorderly person and, upon
conviction thereof, shall be subject to a maximum fine of two hundred fifty
dollars ($250.) and a minimum fine of twenty-five dollars ($25.) or imprisonment
for a term of not more than fifteen (15) days, or both. Each day during which
there is a failure to comply with the provisions of this Article or of any
order issued by the Building Department shall constitute a separate offense.[1]
B.
Except as provided otherwise by law, such a violation
shall not be deemed a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or punishment
and shall not impose any disability upon or affect or impair the credibility
as a witness or otherwise of any person convicted thereof.
[Adopted 10-14-1993 as L.L.
No. 5-1993]
The following terms, as used in this Article, shall have the meanings
indicated:
Trees, grass, brush, leaves or parts thereof, lawn clippings and
other items resulting from the cleanup and maintenance of grounds.
All decayable wastes, except sewage and body waters, including vegetable
and animal offal, and shall include such substances accumulated on removal
from any public or any private establishment or property and removed, including
residences, but excluding recognizable industrial by-products, discarded wood
or lumber, leaves or stones.
Any printed or written matter, any sample or device, dodger, circular,
leaflet, paper booklet or any other printed or otherwise reproduced original
or copies of any matter of literature.
Garbage, refuse or rubbish, as such are defined herein, and all other
waste materials.
Any person, business, firm, partnership, association, corporation,
renter, lessee or organization of any kind.
Any property that is not public property as defined herein.
Streets, sidewalks, parking lots, docks, boulevards, alleys, parks,
beaches, squares, spaces, grounds or buildings owned by the Village of Greenport.
Includes rubbish and garbage.
General dry waste material produced routinely by household, commercial
or industrial establishments, such as paper, cans, bottles and other containers
and ashes.
Able to be moved or scattered by weather or not secured within a
container.
A.
No person shall throw or deposit litter upon public property
except in receptacles for the collection of such litter.
B.
Notwithstanding the above, the owner or persons in control
of private property may deposit brush and grass trimmings at the curbline
of the highway or street that borders said property for pickup, but only during
those periods of time and in such quantities as permitted and specified by
notices published in the official newspapers of the Incorporated Village of
Greenport.
C.
No person shall deposit in a public receptacle any litter,
garbage, refuse or rubbish accumulated on or removed from private property.
A.
No person shall throw or deposit any handbill upon public
property.
B.
No person shall deposit any handbill upon a vehicle;
C.
No person shall throw or deposit a handbill upon any
private property which is uninhabited or vacant, and, if inhabited, the handbill
must be secured to prevent it from being blown about the premises or sidewalks,
streets or other public property.
No person in charge of or in control of private property, whether as
owner, lessee, tenant or occupant, shall permit abandoned, partially dismantled,
junked, unregistered or inoperable motor vehicles, whether or not bearing
thereon currently effective registration plates, tabs or stickers, to remain
on such property for longer than ten (10) days. This regulation shall not
apply with regard to any motor vehicle that is:
No person shall throw or deposit litter, garbage, refuse or rubbish
in any lake, pond, stream or any other body of water within the Incorporated
Village of Greenport.
No person shall throw or deposit litter, garbage, refuse or rubbish
on private property, whether owned by him or not, except that the owner or
person in control of private property may maintain private receptacles for
collection of such litter, and the deposit therein is not prohibited.
The owner or person in control of private property shall not permit
or alter the accumulation of litter on said property. This section shall not
be construed to prohibit the storage of litter in private properly secured
receptacles or the creation and maintenance of a home composting facility
for the production of compost from natural material to be used on and about
private property. The owner of private property shall not cause or permit
grass or grass-type vegetation to grow in excess of nine (9) inches.
The owner, agent, lessee, tenant, occupant and any other person in control
of private property shall be responsible for keeping the adjacent sidewalks,
flagging, curbstone, courts and alleys adjoining said private property free
from litter, garbage, refuse and rubbish.
A.
Receptacles for commercial premises. Any garbage, refuse
or rubbish placed outside commercial premises, visible to the public, shall
be contained in a covered container sufficiently secure so as to prevent animals
from gaining access to the contents thereof and shall be screened from public
view with a solid enclosure or enclosure of dense vegetation on at least three
(3) sides to a height of the height of the container or containers. Waste
fluids must be properly contained, treated and regularly picked up as not
to cause a health hazard or odorous problem.
B.
Receptacles for residential premises. All receptacles
maintained at residences for garbage or refuse or rubbish shall be transferred
to the curb or roadside not more than twelve (12) hours before the pickup.
Such receptacles shall be removed from the curb or roadside no less than twelve
(12) hours after said collection.
No person shall deposit any major appliances, furniture, construction
debris, litter, garbage, refuse or rubbish on public or private property in
the Incorporated Village of Greenport.
[Amended 8-15-1996 by L.L.
No. 5-1996]
The Building Inspector, Code Enforcement Officer or any Town of Southold
police officer are hereby empowered and authorized to enforce this Article.
Any owner of real property located in the village who fails to cut,
trim or remove brush, litter, garbage, refuse, rubbish or weeds after written
notice to do so may, upon default thereof, have said brush, litter, garbage,
refuse, rubbish or weeds cut, trimmed or removed by the village, and the cost
thereof may be assessed and levied upon the real property on which such brush,
litter, garbage, refuse, rubbish or weeds are found, and said cost shall constitute
a lien and charge on the real property on which it is assessed and levied
until paid or otherwise satisfied or discharged and shall be collected by
the Village Treasurer in the manner provided by law.
A first violation of any provision of this Article shall constitute
a misdemeanor under the Penal Law of the State of New York and shall be punishable
by a fine not to exceed seven hundred fifty dollars ($750.) or by imprisonment
for a term not exceeding fifteen (15) days, or by both such fine and imprisonment.
A second violation of any provision of this Article shall constitute a misdemeanor
under the Penal Law of the State of New York and shall be punishable by a
fine of not less than one thousand dollars ($1,000.), but not to exceed one
thousand five hundred dollars ($1,500.), or by imprisonment for a term not
exceeding fifteen (15) days, or both.
