[Adopted 12-1-1980 by L.L. No. 17-1980]
No person shall cause or permit any accumulation
of sand, gravel, cinders, topsoil, mud, earth, dirt, filth, waste
or rubbish or other materials to be placed, deposited, tracked or
flowed upon any Village highway, street, sidewalk or other public
place.
A.
Within the Incorporated Village of Lynbrook, no person shall cause or permit the encumbering of any highway, street, sidewalk or public place by any encroachment of buildings, structures, excavations or otherwise, except as permitted by Subsection B of this section.
B.
The placement of a trash bin, dumpster or storage
bin upon a sidewalk, street, highway or any other public place within
the Village of Lynbrook by any person other than agents or employees
of the Village is hereby prohibited unless:
(1)
The trash bin, dumpster or storage bin is properly
illuminated by reflectorized barricades or by at least one reflector
on each side, such reflector to be at least six inches in diameter
so that is is visible at night;
(2)
There is no defect or faulty design in the trash bin,
dumpster or storage bin which would create a hazard to the general
public, interfere with its operation or inhibit the purpose for which
used;
(3)
The placement of the trash bin, dumpster or storage
bin will not block the flow of vehicular or pedestrian traffic, and
when any dumpster having a capacity of 10 yards or more is used, the
contractor provides protection to the roadway surface;
(4)
The use of the trash bin, dumpster or storage bin
will not create offensive odors or a health hazard, and the dumpster
is covered when not in active use;
(5)
The truck bin, dumpster or storage bin is conspicuously
marked with the name and address of its owners; and
(6)
A permit for the placement of the trash bin, dumpster
or storage bin is obtained from the Superintendent of the Building
Department pursuant to this article, and evidence of such permit is
displayed conspicuously on the premises for which the trash bin, dumpster
or storage bin is being used, by means specified by the Superintendent
of the Building Department.
C.
This article shall not be construed to prohibit the
placement of a trash bin, dumpster or storage bin on private property
where such placement is permitted by the provisions of the Code of
Ordinances of the Incorporated Village of Lynbrook.
An application for a permit pursuant to § 212-64B of this article shall be made on forms approved and made available by the Superintendent of the Building Department. Such an application shall include but not be limited to the following information:
A.
The name and address of the applicant and, if applicable,
the name and address of the lessor of the trash bin, dumpster or storage
bin.
B.
A description or diagram of the location where he
proposes to place the trash bin. dumpster or storage bin.
C.
A description of the trash bin, dumpster or storage bin which the applicant proposes to place on the sidewalk, street or any other public place of the Village, which includes the name of its manufacturer, its capacity and a description of the reflectors required by § 212-64B.
D.
The circumstances necessitating the use of the trash
bin, dumpster or storage bin on a sidewalk, street or public place
in the Village.
E.
The length of time the applicant plans to place the
trash bin, dumpster or storage bin on the site, such a time not exceeding
15 days.
[Amended 7-15-2005 by L.L. No. 3-2005]
A permit fee in such amount as set by the Board
of Trustees is required to be paid before any permit or renewed permit
is issued pursuant to this article.
Each application for a permit authorized under
this article shall be accompanied by a policy or certificate of insurance
including the applicant and the Village as named insureds and evidencing
general liability coverage to protect the Village from claims arising
out of bodily injury or property damage sustained as a result of the
use of such trash bin, dumpster or a storage bin. Such policy or certificate
shall contain limits of at least $100,000/$300,000 for bodily injury
and $50,000 for property damage and shall provide at least 30 days'
notice of cancellation to be afforded to the Superintendent of the
Building Department.
A.
No permit shall be granted by the Superintendent of
the Building Department for a term longer than 15 days; although,
for good cause shown, a permit previously issued may be renewed for
an additional fifteen-day period.
B.
Upon the expiration of the permit, the permit holder
shall remove or cause to be removed the trash bin, dumpster or storage
bin from the sidewalk, street or public place.
A.
Any permit granted pursuant to § 212-64B(6) of this article may be revoked by the Superintendent of the Building Department if:
B.
A decision by the Superintendent of the Building Department to revoke any permit issued pursuant to § 212-64B of this article shall be transmitted in writing to the permit holder by certified mail. Such decision shall state clearly the grounds for the revocation.
C.
The permit holder may appeal the revocation to the
Board of Trustees of the Village of Lynbrook. An appeal must be filed
by the permit holder with the Village Clerk within seven days after
the notice of revocation was mailed to him. Such appeal must state
in writing the grounds for the appeal. The Village Board shall then
set a time and place for the hearing and notify the permit holder
in writing at least five days in advance of the hearing by mailing
a notice to his last known address. The decision and order of the
Village Board shall be final and conclusive.
No person shall cause or permit the placing
of any materials, structures, shrubs or fences, living or otherwise,
within 15 feet of a fire hydrant.
