A.
This Part 1 shall be known and may be cited as the
"City of Glen Cove Garbage, Trash and Weeds Ordinance."
B.
Intent.
[Added 3-28-2000]
(1)
In order to reduce the economic and environmental
costs associated with the disposal of solid waste and further encourage
the reuse of recyclable materials, the City of Glen Cove established
a recycling program which is mandatory for all residential, commercial,
industrial and institutional entities within the City limits. The
goal of this program is to remove those recyclable materials that
are deemed to be economically marketable. By doing so,
the City can effectively promote the reuse of valuable materials,
preserve natural resources and decrease potential contaminants from
entering the environment.
(2)
This Part 1 intends to conform to applicable provisions
of the New York State Solid Waste Management Act of 1988, which requires
that local municipalities adopt laws which provide for regulating
and enforcing the separation of solid waste into economically marketable,
recyclable and/or reusable components.
[Amended 10-25-1988; 3-28-2000]
As used in this Part 1, the following definitions
shall apply:
All clear (flint), amber, brown and green glass bottles and
jars rinsed clean of food, beverage or other residue, with lids or
caps removed and discarded. Mirrors, crystal, laminates, ceramics,
porcelains, windows and plate glass are excluded from the program.
Lead-acid batteries utilized in motorized vehicles shall
be considered a recyclable material, but will not be part of the City's
curbside collection program and will be deemed illegal for disposal
in regular trash collections. All such batteries must be disposed
of at a designated battery recycling location or returned to a retail
store that sells lead-acid batteries. New York State law requires
that such establishments accept such batteries without charge.
CANSContainers comprised of aluminum, tin, ferrous or bimetal components, which contained only food and/or beverage substances and are rinsed clean of food residue.
SCRAP/BULKAll ferrous and nonferrous materials, including steel, aluminum and composite cans, containers, scrap metal, wire, piping, fencing, tubing, sheet metal, etc. Such materials must be free of chemical contamination. Boilers, auto/boat batteries, oil/gas tanks or pipe lengths that exceed four feet in length will be excluded from this program.
Motor oil shall be considered a recyclable material but will
not be part of the City's curbside collection program. Waste
motor oil will be disposed of by residents and occupants of the City
of Glen Cove at service stations and/or those retailers of motor oil
required to accept such materials under state law.
NEWSPAPERNewsprint and all newspaper and newspaper enclosures, such as advertisements, supplements and comics, as well as magazines, telephone books and brown paper bags that are dry and free of contaminants, such as dirt, adhesives, oils and food wastes. Newspaper recyclables do not include miscellaneous stationary products, letters, envelopes, junk mail, blueprint paper, office paper, computer paper, books or paper products other than those delineated above.
NON-NEWSPAPER RECYCLABLE PRODUCTSIncludes office paper, junk mail and miscellaneous mixed paper.
Containers composed of only polyethylene terephthalate (PET)
and high-density polyethylene (HDPE) plastics, used for food, beverage,
detergent, bleach and hair care substances. All containers must be
empty, rinsed of residues and contaminants and free of lids or caps;
under the resin-coding system established by the Society of Plastics
Industries.
Any discarded materials designated by this article, and/or
by subsequent resolution of the City Council of the City of Glen Cove
pursuant to this article which can be reclaimed economically by source
separation for the purpose of recycling, reduction and/or reuse.
The separation of designated recyclables from the solid waste
stream by the generator at the point of generation. The recyclables
shall be handled as defined within this article and be placed at the
curbside for collection on days assigned by the City.
A.
No person shall sweep, throw, cast, drop, put or place,
or having accidentally dropped, failed to pick up any bag, bottle,
bottle cap, box, container, garbage, paper, piece of paper, wrapper
or any other trash or litter, in or upon any public street, place,
park or building, except in receptacles provided for such purposes
or to permit any person under his or her control or employ to do the
same.
B.
Shopping carts.
[Added 12-26-1990; amended 5-27-1997 by L.L. No. 2-1997; 8-22-2000]
(1)
ABANDON
CART or SHOPPING CART
OWNER
PERSON
PUBLIC PLACE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Leaving, discarding, dumping, throwing or placing of personal
property in public places.
Any rolling or nonrolling basket or container and any part
or parts thereof commonly used in supermarkets or self-service stores
as a conveyor of goods, wares and merchandise.
The merchant or purveyor of foods or other goods who provides
patrons with shopping carts and the person responsible for cart-tag
identification under the provisions of this chapter.
A natural person of either sex, a corporation, a partnership,
an association, a joint-stock company, a society and all other entities
capable of being sued.
Any street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, crosswalk, thoroughfare, off-street
parking area, parking field, municipal parking facility, park, parking
space, sidewalk, vacant lot, plot, parcel of land and all other space
or places available to or used by the general public.
(2)
Requirements. Any owners of public or private markets
selling groceries or other items of personal consumption and which
provide shopping carts to their patrons shall:
(a)
Designate an employee or independent contractor
who, on a daily basis, retrieves said store's shopping carts which
are taken off-premises.
(b)
Designate a telephone number for the public
to report off-premises shopping carts. The telephone number must be
prominently displayed within the retail establishment.
(c)
Prominently mark upon each shopping cart the
following:
(3)
Prohibitions.
(a)
All owners of public or private markets selling
groceries or other items of personal consumption shall prohibit the
removal of carts from the owner's premises.
(b)
It shall be unlawful for any person or his/her
agent or employee to take, remove or possess any shopping cart beyond
the premises of the identified owner of the shopping cart without
the express permission of the identified owner.
(4)
Seizure and removal of abandoned carts. The City of
Glen Cove is hereby authorized to seize and remove or cause to be
removed any abandoned shopping cart from any public place within the
City, without notice, and shall take or cause the same to be taken
to a facility within the City for redemption or disposition as hereinafter
provided.
(5)
Redemption.
(a)
Whenever the City of Glen Cove removes or causes
to be removed any shopping carts having identification of ownership
or right of possession, written notice of the removal shall be given,
advising of the removal, the facility to which it was removed and
the amount necessary to redeem the article.
(b)
Any shopping carts removed from public places
within the City may be redeemed by the owner thereof any time prior
to the disposal by the City by tendering to the City, during regular
business hours at its office, the sum as set by resolution of the
City Council in the Standard Schedule of Fees[1] for each day or part thereof that said property is held
by the City after the owner has been duly notified.
[1]
Editor's Note: The Schedule of Fees is on
file in the City offices.
(c)
The City shall require satisfactory proof of
ownership or lawful right to possession of the property sought prior
to release. Any return of property by the City to a person claiming
the same pursuant to this chapter shall be an absolute defense to
the City against any other person claiming the same.
(6)
Disposal. The City of Glen Cove may dispose of any
shopping carts held by the City for a period in excess of 14 days,
which includes, but is not limited to, selling, destroying, dismantling
or otherwise disposing of the property through any manner permitted
by law.
A.
No person shall sweep, throw or deposit, or cause
to be swept, thrown or deposited, any ashes, dirt, stone, brick, leaves,
grass, weeds or any other debris or rubbish of any kind; or any water
or liquid of any kind, except for purposes of cleansing the same,
into any public highway, street, gutter or public place or upon any
sidewalk within the City.
B.
No person shall throw, put, push or place or cause
to be thrown, put, pushed or placed, any snow or ice into any public
highway, street, public place or thoroughfare in the City.
C.
This section shall not apply to water or liquids running
into streets as a result of fire fighting or flushing of fire hydrants
by authorized personnel or the use in a reasonable manner of ashes,
salt or other material for the purpose of reducing the hazard of,
or providing traction on snow, ice or sleet.
No truck or other vehicle, trailer or other
conveyance shall be operated or loaded in such a manner that any part
or portion of its load, whether sand, gravel, stone, dirt, rubbish,
paper, boxes, trash or other material shall be dropped, blown or caused
to fall or drop upon any public street, highway, public place or thoroughfare
in the City.
The owner or occupant of each and every building
or lot in the City shall at all times during the summer keep the sidewalks,
gutters and drains adjoining their respective buildings or lots free
from dirt, filth, weeds, rubbish, encumbrances and obstructions of
every kind, and during the winter shall keep the same free from snow
and ice, and when the ice cannot be removed, shall keep the same covered
with ashes, sand or other materials in such manner as to enable persons
to walk thereon with safety. Such owner or occupant shall remove said
snow, ice, dirt, filth, weeds, rubbish or other encumbrances within
12 hours after the same shall have fallen or accumulated thereon,
and in case of failure to do so, the Director of Public Works may
cause the same to be removed at the expense of such owner or occupant
and assess such expense upon such adjoining property as hereinafter
provided.
A.
Trash, grass and weeds. It shall be unlawful for any
owner, lessee or occupant, or any person having control of any occupied
or unoccupied lot or land, or any part thereof within the City, to
permit or maintain on any such land or lot, papers, boxes, debris,
rubbish, garbage, ashes, sweepings, cans, refuse or things of a like
nature; or to permit or maintain on any such lot or land any growth
of weeds, grass or other rank vegetation to a greater height than
12 inches on the average, or any accumulation of dead weeds, grass
or brush; or to permit or maintain on or along the sidewalk, street,
alley or public road adjacent to such a lot or land between the property
line and the curb, or between the property line and the traveled portions
of such street or alley where there is no curb, any growth of weeds,
grass or other vegetation to a greater height than four inches on
the average.
B.
Noxious weeds and growth prohibited. It shall be unlawful
for any person to cause, suffer or allow poison ivy, ragweed or other
poisonous plants or plants detrimental to health to grow on any such
lot or land in such manner that any part of such ivy, ragweed or other
poisonous or harmful weed shall extend upon, overhang or border any
public place or to allow seed, pollen or other poisonous particles
or emanations therefrom to be carried through the air into any public
place.
[Added 12-13-1988]
A.
Unless licensed by the City pursuant to Chapter 173, Junk and Junk Dealers, of this code, no corporation, partnership, individual, owner, licensee, tenant, guest, franchisee or other person shall maintain commercial property in an unreasonable or unkempt manner. Those items commonly referred to as debris, garbage, junk, trash, weeds, undergrowth and waste products shall not be permitted to be present or accumulate at the premises, either inside or outside of buildings, unless duly contained and processed in accordance with the disposal regulations of this Code.
B.
Equipment, supplies, parts or items not encompassed
by the above, if stored or exhibited outside of a building, shall
be so stored or exhibited in a neat, orderly, clean and businesslike
fashion.
C.
For the purpose of this section, "junk" is defined
as any personal property which is not maintained in a reasonable manner
and includes personal property which contains either rust, decay,
broken glass, torn fabric, broken supports, flat tires, severed metal
or which is inoperable and has not been subject to substantial repair;
also unregistered vehicles that are in a decaying condition.
[Added 9-24-2002]
A.
GARBAGE
LITTER
LITTER RECEPTACLE
REFUSE
RESTAURANT, FAST- FOOD OR TAKE-OUT
RUBBISH
SHOPPING MALL/STRIP MALL
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Every accumulation of animal or vegetable matter, or both,
in liquid, solid, or any other form or substance, which is subject
to decay.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if not properly disposed of, tends to create
a danger to public health, safety and welfare or creates unsightliness.
Any container, device, or receptacle used or maintained by
any person or entity for the collection or storage of litter.
Grass, cuttings, brush, leaves, shrubbery, boxes, pieces
of wood, packages, and ashes.
An establishment that offers quick food service, which is
accomplished through a limited menu of items already prepared and
held for service, or prepared, fried or griddled quickly or heated
in a device such as an oven or microwave oven. Generally, there is
no table service, and food is generally served in a disposable wrapping
or container. Take-out restaurants also include prepared ice cream
stores, bakeries, pizza-to-go, bagel and coffee establishments and
the like, whether these have tables for patron seating or not.
Paper, rags, bottles, cans and similar waste.
Any group of four or more stores that are attached and/or
share common areas, including parking areas and/or walkways, wherein
mercantile activities and services are offered to the public.
B.
Requirements for shopping malls/strip malls and fast-food
and take-out restaurants.
(1)
The owner/operator of any shopping mall/strip mall,
as defined herein, shall install one litter receptacle for every four
stores contained within the shopping mall/strip mall. The litter receptacle(s)
shall be placed in the common areas or walkways in front of the stores
in the shopping mall/strip mall.
(2)
The owner/operator of a fast-food or take-out restaurant
which is serviced by a parking lot shall install one litter receptacle
for every 10 parking spaces or fraction thereof. The litter receptacles
shall be evenly distributed throughout the paved area of a parking
lot so as to be easily accessible to users of such parking lots and
shall be affixed to an island, mall, pole or stanchion, located in
the paved area of the parking lot or if such permanent fixtures do
not exist, on a private walkway located adjacent to the parking lot.
C.
Maintenance of receptacles and parking lots.
(1)
A litter receptacle required to be installed by this
article shall be maintained in working order and shall be emptied
within twenty-four (24) hours after it is filled to capacity but no
less than once in each week and shall not be permitted to overflow.
(2)
Litter receptacles, which are not made of metal, shall
be securely fastened wherever possible to an island, mall, pole or
stanchion or otherwise weighted at the bottom so as to remain upright
when empty and shall have a suitable covering to prevent litter from
direct exposure to weather precipitation.
(3)
It is not the intent of this article to require the
installation of litter receptacles where safety to pedestrians or
vehicles will be endangered as a result of the installation of such
receptacles.
(4)
A litter receptacle shall not be used by storeowners
for commercial waste or refuse.
D.
Parking lot maintenance requirements.
(1)
In addition to the litter receptacle requirements set forth in Subsection B of this section, the owner/operator of a parking lot with a capacity of more than 50 parking spaces shall be required to cause the parking lot to be swept and cleared of all debris once every 48 hours.
(2)
The owner/operator of a parking lot subject to the provisions of Subsection D(1) of this section shall file an annual affidavit with the Building Department Administrator, which affirms that the owner/operator of the parking lot maintains and sweeps the parking lot once every 48 hours or has retained a contractor to do the same. The affidavit must contain the following:
(a)
The name of the contractor that has been retained
to perform the required maintenance or, if no contractor is retained,
a sworn statement of the owner/operator that he/she will personally
provide the required maintenance.
(b)
A sworn statement by the contractor or owner/operator
of the parking lot that the parking lot will be maintained and swept
every 48 hours and a schedule of when the required work is to be performed.
(c)
If a contractor is retained, a copy of the contract
between the owner/operator of the parking lot and the contractor must
accompany the affidavit.
E.
Penalties; time limit for compliance.
(1)
The litter receptacle requirements listed in Subsection B of this section, the parking lot maintenance requirements listed in Subsection D(1) of this section, and the affidavit requirements listed in Subsection D(2) and (3) of this section must be complied with no later than 30 days after this section takes effect.
(2)
The failure to comply with the litter receptacle requirements of Subsection B of this section, the failure to comply with the parking lot maintenance requirements of Subsection D(1) of this section, and the requirements to timely file a proper affidavit in Subsection D(2) and (3) of this section shall each constitute a separate offense.
[Added 8-4-1994]
A.
The owner of property shall be responsible for the
removal and/or obliteration of any graffiti which occurs on said commercial
property within three business days of the appearance of said graffiti.
B.
For purposes of this section, the term "graffiti"
shall mean the etching, painting, covering, drawing upon or otherwise
placing of a mark upon private property without the prior consent
of the owner.
C.
Notice. If the provisions of this section are not
complied with, then the Director of Public Works shall serve written
notice in person or by registered mail upon the owner of said property,
at the address listed on the Glen Cove City tax rolls.
D.
Noncompliance with notice. If the owner fails, neglects
or refuses to comply with such written notice and demand of the Director
of Public works within 10 business days after service of such notice,
the Director of Public Works shall cause such condition to be remedied,
and the actual cost of such work, plus 50% for supervision and administration
in connection therewith shall be certified by the Director of Public
Works to the Controller and shall thereupon become and be a lien upon
the property in which such violation of this section occurs, and shall
be added to and become and form part of the taxes next to be assessed
and levied upon said lot or land, and shall bear interest at the same
rate as taxes and shall be enforced by the same officer, and in the
same manner, as taxes.
A.
Notice. If the provisions of any of the foregoing
sections are not complied with, then the Director of Public Works
shall serve written notice in person or by mail upon the owner, lessee
or occupant or any person having the care or control of such lot or
land to comply with the provisions of this section except for the
care and cleaning of sidewalks, for which no notice is necessary.
B.
Noncompliance with notice. If the person upon whom
the notice is served fails, neglects or refuses so to comply with
such written notice and demand of the Director of Public Works within
five days after service of such notice, or fails to take care of the
sidewalks as above provided, the Director of Public Works shall cause
such condition to be remedied, and the actual cost of such work, plus
50% for supervision and administration in connection therewith shall
be certified by the Director of Public Works to the Controller, and
shall thereupon become and be a lien upon the property in which such
violation of this section occurs, and shall be added to and become
and form part of the taxes next to be assessed and levied upon said
lot or land, and shall bear interest at the same rate as taxes and
shall be enforced by the same officer, and in the same manner, as
taxes.
No person shall bring garbage, refuse or decaying
matter of any kind, unburnables, trash or landfill material into the
City nor shall any person maintain a private or public dump within
the limits of the City where such garbage, refuse or decaying matter
may be deposited, except as otherwise provided in this Part 1.
[Added 5-27-1997 by L.L. No. 2-1997; amended 6-27-2000; 6-24-2014 by L.L. No. 2-2014]
A.
Any person
or corporation or officer thereof who shall violate any of the provisions
of this article, or who fails to comply therewith or who shall fail
to comply with any written notice of violation or order issued by
the Building Department Administrator, shall be guilty of a violation
within the meaning of the New York Penal Law and, upon conviction,
shall be liable to a fine of not less than $1,000 nor more than $2,000
or to imprisonment for a period not to exceed 15 days, or both; and,
upon a second conviction for the same offense committed within five
years of the date of the first offense, shall be liable to a fine
of not less than $2,000 nor more than $3,500 or to imprisonment for
a period not to exceed 15 days, or both; and, upon a third conviction
for the same offense committed within five years of the date of the
second offense, shall be liable to a fine of not less than $3,500
nor more than $5,000 or to imprisonment for a period not to exceed
15 days, or both. Each week that any such violation continues shall
constitute a separate and distinct violation. The owner or owners
of any building or premises or part thereof where a violation of any
of the provisions of this article shall exist or any lessee, tenant,
builder, contractor, subcontractor, agent, person or corporation employed
in connection therewith and any person who assisted in the commission
of any such violation shall each be guilty of a separate offense and,
upon conviction thereof, shall be punishable as herein provided.
