[HISTORY: Adopted by the Town Board of the
Town of Binghamton 10-17-1989 by L.L. No. 8-1989 (Ch. 13A of the 1969 Code). Amendments
noted where applicable.]
This chapter is enacted in recognition of the
finding of the Town Board that a clean, wholesome, attractive environment
is of importance to the health and safety of the inhabitants of the
Town and to the safeguarding of their material rights against unwarranted
invasion. In addition, such an environment is deemed essential to
the maintenance and continued development of the economy of the Town
and the general welfare of its citizens. It is enacted for the purpose
of promoting the health, safety and general welfare of the Town residents
by controlling the accumulation of weeds, tall grass and other objectionable
vegetation and by controlling the dumping of garbage, sludge, rubbish
and toxic materials on private and public property in the Town of
Binghamton outside the Incorporated City of Binghamton.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes but is not limited to waste food, papers, dead animals
or parts thereof and all waste of discarded wood, lumber or vegetable
matter of any kind or of any other matter which shall be flammable
or capable of fermentation or decay.
Includes but is not limited to any solid item or material
of any nature and/or any waste or discarded item or material of any
nature comprised in whole or in part, with metal, plastic, glass,
ceramic, composite, or combinations of the same.
[Added 4-21-2009 by L.L.
No. 1-2009]
Such vegetation as poison ivy, jimson weed or other poisonous
or harmful plant or plants detrimental to the public health.
Includes an individual, society, club, firm, partnership,
corporation or association of persons, and the singular number shall
include the plural number.
Includes but is not limited to waste material, tin, cans,
ashes, cinders, grass, pottery and all discarded substances of a solid
and combustible nature.
Solids removed during the treatment of domestic or sanitary
sewage, stormwaters or industrial wastewaters or from any combination
of these.
That portion of the Town of Binghamton, County of Broome
and State of New York, outside of any incorporated village located
therein.
Any material listed as hazardous by the New York State Department
of Environmental Conservation or the Environmental Protection Agency.
[Amended 4-15-2003 by L.L. No. 1-2003]
[Amended 4-21-2009 by L.L. No. 1-2009]
The dumping or deposit of rubbish, junk or garbage as herein
defined or of any waste material or similar substances shall not be
permitted upon any premises in the Town of Binghamton and/or within
1,500 feet of any other premises used as a residence, measured from
the structure so used. The dumping of sludge or toxic materials or
similar materials is prohibited in the Town of Binghamton.
All rubbish or garbage as herein defined, or
any other waste material or similar substance, if not otherwise prohibited
by the terms of this chapter, shall, within 24 hours after it is dumped,
be entirely covered by at least four inches of clean earth or ashes
and shall at all times be kept so covered.
No person shall carry on or leave or cause to
be carried on or left upon any premises in the Town of Binghamton
any automobile, vehicle, machine, appliance or other article or any
part thereof so cut and flattened out so as to permit the same to
occupy a minimum of space.
No person, either a resident of or conducting
an established business in the Town of Binghamton and any other municipality,
or corporation shall deposit any rubbish or garbage as hereinabove
defined on any premises in the Town of Binghamton.
The burning of garbage or rubbish within the
Town of Binghamton is hereby prohibited.
[Amended 4-15-2003 by L.L. No. 1-2003]
The dumping of clean fill (rocks, cinders, etc.)
shall be permitted within the Town of Binghamton by special permit,
obtained from the Town Ordinance Enforcement Officer, only for the
purpose of filling in to establish grades. Such clean fill shall not
be construed to mean rubbish or garbage as herein defined or any other
kind of refuse or waste material which might adversely affect or injure
the use of adjacent property.
Anything to the contrary herein notwithstanding,
no person, firm or corporation being the owner of or in control of,
managing or charged with the control or management of any premises
in the Town of Binghamton shall suffer or permit the accumulation
or deposit thereon of any leaves, wastepaper, boxes, shavings or boards
or timbers or any flammable materials, rubbish or garbage, whereby
said premises are or may be or become liable to become unsanitary
or whereby the fire hazard danger or risk is or may be increased or
whereby the health or safety of another or others shall or may be
in danger or injuriously affected or whereby the premises of another
or the enjoyment thereof is or may be injured, damaged, interfered
with or prejudiced.
[Amended 6-17-2015 by L.L. No. 32-2015]
A.Â
No truck
or other vehicle shall be used to transport rubbish, sludge or garbage
as herein defined over any of the public highways of said Town unless
such truck or vehicle is so constructed as to prevent any portion
of the load falling to the highway, and no truck or other vehicle
so used shall be loaded to such an extent that any portion of the
load can fall to the highway.
B.Â
No portable or fixed basketball hoops, hockey-type goals and/or nets,
or other similar sports equipment shall be placed in or on the public
highways or in or on the rights-of-way of such public highways of
the Town.
[Amended 4-15-2003 by L.L. No. 1-2003; 9-4-1990 by L.L. No. 4-1990; 6-18-1991 by L.L. No. 2-1991; 4-21-2009 by L.L. No. 1-2009]
A.Â
Upon failure of the person, owner, lessee, firm, corporation, occupant
or any other person having charge of any lot or tract of land within
the Town of Binghamton to cut, trim or remove weeds or tall grass
or other objectionable vegetation and to remove any such garbage,
rubbish, junk, sludge or toxic materials therefrom within 10 days
from the time such person has been served with notice to cut, trim
or remove such weeds or tall grass or other objectionable vegetation
or to remove said garbage, rubbish, junk, sludge or toxic materials,
the Town of Binghamton may cause such weeds, tall grass or other objectionable
vegetation to be cut, trimmed or removed and such garbage, rubbish,
junk, sludge or toxic materials to be removed. The total cost thereof,
including but not limited to moneys actually paid out by the Town,
the time and expenses of the Town officials and employees involved
in the service of the notice and the actual cutting, trimming or removal
of the weeds or tall grass or other objectionable vegetation and the
removal of such garbage, rubbish, junk, sludge or toxic materials
in connection with the enforcement of the provisions of this chapter,
shall be assessed upon the real property on which such weeds, tall
grass or other objectionable vegetation, garbage, rubbish, junk, sludge
or toxic materials are found. The expense so assessed shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the manner and at the same time as other Town charges. Each week that
such separate violation shall continue or be carried on without correction
or abatement shall constitute an additional separate violation.
[Amended 6-17-2015 by L.L. No. 32-2015]
B.Â
In the event that a defendant fails to mail a not guilty plea and/or
fails to appear to enter a plea of not guilty to a complaint pursuant
to this section, the Court is authorized to enter a plea of not guilty
on behalf of the defendant and to set down a trial date. Upon setting
a trial date, the Court shall issue a written notice of not less than
10 calendar days to the defendant of the scheduled trial date. In
the event that the defendant fails to appear at the scheduled trial
date and the Court satisfies itself that proof exists that a notice
of the trial was duly issued, the Court may proceed with the trial
in absence of the defendant. Upon a conviction, at the Court's
discretion, any fine may be ordered to be converted to a civil judgment
for filing or the fine may be ordered to be applied to the defendant's
real property tax bill, or both.
C.Â
Upon conviction, a violation of this article shall be deemed an offense
pursuant to the Penal Law and shall be subject to a fine of not more
than $250 per violation, except that where a person was found to have
previously violated this article within the preceding two years, the
penalty may be not more than $500 per violation, and where a person
was found to have committed two or more such violations within the
preceding three years, the penalty may be not more than $1,000 per
violation. Fines may be paid pursuant to a plea of guilty by mail
and shall be $100 per violation, except where a person was found to
have previously violated this article within the preceding two years,
the fine shall be $250 per violation, and where a person was found
to have committed two or more such violations within the preceding
three years, the fine shall be $1,000 per violation. At the discretion
of the Court, security of $100 shall be posted upon a plea of not
guilty made by mail.
It shall be unlawful for any owner, lessee or
occupant or agent, servant, representative or employee having control
of any unimproved lot or tract or part thereof in a residential area
to permit or maintain thereon any growth of weeds, tall grass or other
objectionable vegetation to a greater height than 12 inches or the
accumulation to the depth of more than five inches of dead weeds,
grass or brush within the normal setback area of such property. It
shall likewise be unlawful for any such person to permit or maintain
on or along the sidewalk, street or alley adjacent to such lot or
tract between the property line and curb, or between the property
line and the traveled portion of such street or alley where there
is no curb, any growth of weeds or tall grass or other objectionable
vegetation to a greater height than five inches. It shall likewise
be unlawful for any such person to permit or maintain on any improved
lot or tract any growth of weeds, tall grass or other objectionable
vegetation to a greater height than five inches in all that area constituting
the front and side yards of the improvement thereon, to a point even
with the rear lot line of said improvement, and including all that
area to the traveled portion of the street.
[Amended 4-15-2003 by L.L. No. 1-2003]
No person shall throw, cast, drop or put in
place or, having accidentally dropped, fail to pick up a bag, bottle
cap, box, can, container, paper, wrapper or any other trash, litter,
garbage or rubbish in or upon any public or private park, lot or building,
except in receptacles provided for such purposes.
