[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 4-3-1974 by L.L. No. 2-1974 as Ch. 85 of the 1974
Code; amended in its entirety 12-13-2005 by L.L. No. 8-2005. Subsequent amendments
noted where applicable.]
[Amended 9-20-2011 by L.L. No. 6-2011]
In protecting the health, safety and welfare
of persons in the Town of Clarkstown, the Town Board, by the enactment
of this chapter and its subsequent amendments, provides for the proper
construction, repair and maintenance of the areas set aside for parking
and the pedestrian walkways in shopping centers and other retail,
service, office and public assembly spaces and establishments. The
physical upkeep of these privately owned public spaces is a key factor
in the safety of our residents, and their regular maintenance, which
includes parking area and walkway upkeep and the required placement
and maintenance of litter receptacles, will reduce the proliferation
of litter in Clarkstown's streetscapes, landscapes and storm sewer
systems. In addition, upkeep of landscaping features and proper property
maintenance reduces visual blight and enhances the aesthetics of the
Town. The unauthorized placement of containers, dumpsters, clothing
bins, unauthorized fixtures, advertising vehicles and signs adds to
visual blight and contributes to traffic safety concerns. By enforcing
this chapter, the Town will upgrade the appearance of such spaces
and enhance the quality of our suburban life, as well as protect our
environment.
For the purpose of this chapter, the terms used
herein are defined as follows:
Freestanding receptacles, sometimes referred to as "dropoff
boxes," "collection containers," "bins," "depositories," etc., which
are generally metal in composition, with a depository drawer, placed
on property for the purpose of receiving clothing, shoes, household
items and the like from the public for donation, not-for-profit, charitable
or other purposes.
[Added 9-20-2011 by L.L. No. 6-2011]
Premises used for the sale of goods and merchandise or to
provide a service or entertainment, which is open to the general public
in any zoning district.
All waste material, including, but not limited to, nonoperable
shopping carts or unregistered vehicles; bottles; glass; cans; scrap
metal or paper; junk; garbage; rubbish; disposable packages or containers;
tops, lids, caps, tabs or any detachable item; straws; cups and the
like; discarded newspapers; flyers; circulars; cigarettes, cigars
and the butts thereof; and any like material which is not placed in
a proper receptacle or container or which is allowed to accumulate
in any area other than one which is approved for such storage.
A container of a size and design suitable for the deposit
of litter, the size and design of which is subject to the approval
of the Building Inspector or a designated Code Enforcement Official.
The person or entity having fee title to the shopping center
parking area or any lease interest therein, or the property manager,
or agent or officer of any management company having responsibility
over any shopping center parking area.
Any area set aside and open for the use of the general public
for the purpose of permitting the parking of vehicles by persons traveling
to and from the buildings housing commercial retail sales or service
establishments including pedestrian walkways, when such parking area
provides parking for more than five vehicles.
All shopping center parking areas shall be paved
with a hardtop surface upon a suitable subgrade consisting of materials
used in the construction of highways. The base shall be properly drained
and sufficiently constructed to support the contemplated traffic load.
Internal structural elements, such as curbing, lampposts, drains,
parking space layout and striping, landscape islands and the like,
shall at all times be maintained in a proper state of repair and shall
be installed in accordance with specific approval criteria or other
applicable regulations.
[Amended 3-22-2016 by L.L. No. 4-2016]
A.
Every owner shall maintain the shopping center parking
area clear and free from snow, ice, dirt, debris, rubbish, litter,
inoperable shopping carts, inoperable or unregistered vehicles, and
any other obstructions. Every owner shall repair and maintain the
surface of said areas so that they will be free from holes, obstructions
and other hazards that will impair the health, safety and welfare
of persons using such areas. Snow and ice shall be removed and cleaned
away from shopping center parking areas, pedestrian areas, and sidewalks
within 36 hours after such snow and ice shall have fallen or formed.
Litter on shopping center parking areas and their pedestrian walkways,
whether deposited by patrons or having migrated to the site through
other means (e.g., dumping or weather related), must be completely
removed at least one time daily by the owner, an employee, or agent.
Every owner shall install and maintain litter receptacles at a minimum
distance of one per 50 linear feet of store frontage, located as directed
by the Building Inspector or duly authorized Code Enforcement Official.
Such officials are empowered to grant waivers or require other litter
control measures to reasonably resolve unusual conditions; provided,
however, there shall be no less than two litter receptacles placed
on any site as defined in this chapter. The maintenance of litter
receptacles shall be performed on a regular basis to preclude overflow
and the migration of litter. Such maintenance shall include sufficient
frequency of collection as well as the sanitary maintenance of the
receptacles themselves.
B.
Any deviation from the standards as set forth above,
or the reasonable direction of the Building Inspector or authorized
Code Enforcement Officer, shall be a violation of this chapter.
[Amended 9-20-2011 by L.L. No. 6-2011]
A.
The Building
Inspector of the Town of Clarkstown or his/her designee, or the Code
Enforcement Officers duly designated by such officials, are hereby
empowered to promulgate rules and regulations for carrying out and
administering the provisions of this chapter, subject to the approval
of the Town Board. Such rules and regulations may include provisions
and specifications for the construction, reconstruction, repair and
maintenance of shopping center parking areas and pedestrian walkways
to protect the general public from injury due to hazardous conditions
in such areas and to prevent the migration and proliferation of litter
and refuse throughout the Town's streetscapes and landscapes and from
entering storm sewer systems. Such rules shall require compliance
with original site plan, landscape and architectural plan, parking
and drainage plan conditions as well as provisions to enforce the
removal of unauthorized signage.
[Amended 3-22-2016 by L.L. No. 4-2016]
B.
Clothing bins.
[Amended 8-20-2013 by L.L. No. 6-2013]
(1)
Clothing bins as defined in § 240-2 above are only permitted in the LS, CS, RS and MRS Zoning Districts in the Town, subject to the following conditions:
(a)
A limit of two bins may be placed on any individual property
in the LS and CS Zoning Districts.
(b)
A limit of four bins may be placed on any individual property
in the RS Zoning District.
(c)
A limit of eight bins may be placed in the MRS Zoning District.
(d)
Placement of bins must not interfere with site plan traffic
flow or parking spaces and must be accessible for dropoff by the public
in a safe manner. Parking spaces and traffic lanes cannot be blocked
by the placement of said bins.
(e)
Collection must be made on an adequately frequent basis to prevent
the stockpiling of donated items outside for extended durations of
time.
(f)
All provisions of New York State General Business Law § 399-bbb
relating to the required posting and marking of information relating
to the identification and provenance of the bin must be complied with.
(g)
The responsibility for compliance with this subsection is with
the property owner, lessee, agent, occupant as well as the owner of
the clothing bin or the agent, manager or responsible party which
places the bin.
(2)
Notwithstanding § 240-6B, one clothing bin may be placed on any individual property occupied by a religious institution, school or a not-for-profit organization, provided all of the following conditions are applicable:
(a)
The property is tax exempt;
(b)
The premises are owned by a corporation or a domestic corporation
as defined in § 102 of the Not-For-Profit Corporation Law;
(c)
Such corporation was qualified as a Type B, C, or D corporation
under the Not-For-Profit Corporation Law or, if such corporation has
preexisted the adoption of such law, it would be so qualified.
A.
The Building Inspector and Code Enforcement Officials
of the Town of Clarkstown shall administer and secure compliance with
this chapter.
[Amended 3-22-2016 by L.L. No. 4-2016]
B.
The officials named in § 240-6A above shall cause periodic inspections to be made of shopping center parking areas; cause an investigation to be made of all complaints of alleged violations of this chapter; order, in writing, the remedying of all conditions found to exist in violation of this chapter or the rules and regulations adopted pursuant to this chapter; and state in the violation order a reasonable time limit for compliance therewith.
C.
Any owner as defined in this chapter found guilty
of a violation of this chapter shall be punished by a fine up to $1,000.
Any owner as defined in this chapter found guilty of a second offense
of any provision of this chapter within 18 months from the date of
the first conviction shall be punished by a fine of not less than
$2,500 and not more than $5,000. Any owner as defined in this chapter
found guilty of a third offense of any provision of this chapter within
18 months from the date of the second conviction shall be punished
by a fine of not less than $5,000 and not more than $7,500. The continuation
of an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
[Amended 3-16-2010 by L.L. No. 1-2010; 8-20-2013 by L.L. No.
6-2013]
