[HISTORY: Comes from L.L. No. 95-1980, adopted 10-21-1980, effective 10-23-1980.]
GENERAL REFERENCES
Garbage and rubbish — See Ch. 128.
[1]
Editor's Note: Original § 176-0 of this chapter provided the following legislative intent: "Proliferation in the use of roll-off containers or dumpsters by contractors who place them on public streets during construction work on adjacent property to serve as trash containers has become a matter of deep concern to this Town Board because of the potential hazard, primarily to motorists using public streets, particularly in the darkness of the night. This chapter is designed to regulate the use of these containers with safeguards clearly in mind for the overall protection of persons, property and the roadbed upon which the container or dumpster rests."
[Amended 9-29-1998 by L.L. No. 38-1998, effective 10-7-1998]
As used in this chapter, the following terms shall have the meanings indicated:
ANNUAL PERMIT
The permit issued hereunder on a calendar year basis which allows a person to place roll-off containers within the Town of Hempstead.
COMMISSIONER
The Commissioner of the Department of Sanitation of the Town of Hempstead or his/her designated representative.
CONTAINER PERMIT
The permit issued on an annual calendar-year basis and to be placed on each and every container owned by the owner-lessor which is placed within the Town of Hempstead.
[Amended 3-15-1994 by L.L. No. 20-1994, effective 3-21-1994]
It shall be unlawful and an offense against this chapter for any person to place or caused to be placed a roll-off container upon any public street within the Town without first obtaining a permit therefor in accordance with the requirements prescribed by this chapter.
[Amended 9-29-1998 by L.L. No. 38-1998, effective 10-7-1998]
A. 
A container permit shall be prominently displayed on each and every container to be placed within the Town of Hempstead.
B. 
The street upon which any roll-off container is to be placed must meet a minimum width requirement of 30 feet, curb to curb.
C. 
The roll-off container must be placed parallel to the curb with the street side of the container not more than eight feet six inches from the nearest curb adjacent to the container.
D. 
Roll-off containers shall have a permanent installation of not less than 16 square feet of diagonal reflectorized stripping material on each and every side of the roll-off container and shall also have stenciled or otherwise printed thereon, in English letters at least two inches in height, the name, address and telephone number of the owner-lessor.
E. 
The roll-off container shall not obstruct any part of the sidewalk or the sidewalk area adjacent to the street, and the contents thereof shall be emptied and disposed of upon reaching the container's waterline.
F. 
The owner-lessor shall be responsible for the repair of any street, sidewalk and curb damage caused by the placement, movement or removal of any roll-off container.
G. 
The Commissioner shall receive at least 48 hours' prior written notice from the owner-lessor before a roll-off container or dumpster is placed upon any street located within the Town or on any Town owned property.
H. 
The Commissioner shall receive written notice from the owner-lessor within 48 hours of the removal of a roll-off container or dumpster from a street located within the Town or on any Town-owned property.
I. 
The Commissioner reserves the right to refuse the placement of any roll-off container from any street location if, in his judgment, he determines that the placement of any roll-off container at any street location shall constitute an obstruction or public nuisance or a hazard because of contour, narrow width, traffic or other highway conditions peculiar to the street at or near the proposed location.
J. 
Effective September 1, 1998, no roll-off container or dumpster shall be permitted to remain in a particular location for a period of time exceeding 14 days. The placement application may be renewed by notifying the Commissioner in writing and submitting an additional placement fee.
K. 
Effective September 1, 1998, there shall be a $10 placement fee for each roll-off container or dumpster that is placed upon any street located within the Town or on any Town-owned property. This fee covers a fourteen-day period.
L. 
The provisions of Chapter 128, Garbage and Rubbish, of the code of the Town of Hempstead regarding garbage and rubbish shall be fully complied with.
[Amended 9-29-1998 by L.L. No. 38-1998, effective 10-7-1998]
The Commissioner may issue an annual permit for the use of a roll-off container upon any Town roads or other Town facilities as a temporary street obstruction, prior to the placement thereof, upon written application by the owner-lessor in accordance with the following terms and conditions.
A. 
Each annual permit shall be of one year's duration and shall require a written application to renew for each successive calendar year. A company doing business under more than one name shall be required to obtain an annual permit for each and every subsidiary or business name under which it operates.
B. 
Each application for an annual permit hereunder shall be accompanied by a certificate of insurance from the owner-lessor indicating public liability coverage insuring the Town of Hempstead in an amount not less than $1,000,000 for personal injuries, including wrongful death to any person, and subject to the same limit for each person, in an amount not less than $3,000,000 on account of each occurrence; and a certificate of insurance from the owner-lessor indicating property damage insuring the Town of Hempstead in an amount not less than $500,000 on account of any occurrence, and in an amount not less than $1,000,000,00 on account of all occurrences.
C. 
A filing fee in the amount of $100 shall accompany each application for an annual permit hereunder.
D. 
There shall be a $3 fee per container permit per year.
E. 
The owner-lessor shall also be responsible to the Commissioner for providing not only its own name and address in the original application and renewals thereof but in providing the name and address of the lessee for each and every rental of a roll-off container or dumpster.
[Added 3-15-1994 by L.L. No. 20-1994, effective 3-21-1994]
A. 
The Commissioner reserves the right to remove a roll-off container from any street location upon violation of any section of this chapter or if, in his judgment, he determines that the placement of any roll-off container at any street location shall constitute an obstruction or public nuisance or hazard because of contour, narrow width, traffic or other highway conditions peculiar to the street at or near the roll-off container location.
B. 
Notice.
(1) 
Upon determination that the provisions of Subsection A herein have been violated, the Commissioner shall cause to be served a written notice upon the owner-lessor that such roll-off container must be removed. The owner-lessor shall have five days from the date of the written notice to remove the roll-off container.
(2) 
The written notice shall be by personal service or certified mail, postage paid, returned receipt requested, and addressed to such owner-lessor's last known address, and, if by certified mail, a copy of the notice shall be posted on the roll-off container.
C. 
In the event that the owner-lessor fails to remove the roll-off container within the time period stated in Subsection B herein, the Commissioner shall cause such roll-off container to be removed. The owner-lessor shall be liable to the Town of Hempstead for any costs incurred in such removal and subsequent storage of such roll-off container, together with any dumping charge to remove any material in the roll-off container.
[Amended 12-12-1989 by L.L. No. 84-1989, effective 12-18-1989; 3-15-1994 by L.L. No. 20-1994, effective 3-21-1994]
The police officers of the Nassau County Police Department and sanitation inspectors of the Department of Sanitation of the Town of Hempstead shall have authority to enforce the provisions of this chapter and issue appearance tickets for offenses against this chapter.
[Amended 3-15-1994 by L.L. No. 20-1994, effective 3-21-1994]
A. 
Any person committing an offense against this chapter or any section or provision thereof shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
B. 
Each day of continued violation shall constitute a separate offense.
C. 
In addition to the penalties stated herein, this chapter may be enforced by civil action, including an injunction, in a court of competent jurisdiction for violations of this chapter.
[Added 3-15-1994 by L.L. No. 20-1994, effective 3-21-1994]
If any clause, sentence, paragraph, subdivision, section or part of this chapter is adjudged invalid by a court of competent jurisdiction, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section or part of this chapter that shall be directly involved in the controversy in which such judgment shall have been rendered.