[HISTORY: Adopted by the Board of Trustees of the Village
of South Floral Park as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-22-1960 by Ord. No. 29 (Ch. 71 of the 1987 Code)]
No person shall deposit, place, dump or throw or cause to be
deposited, placed, dumped or thrown upon any of the sidewalks, public
streets, roads, avenues, highways, public places, including the Village
parking place and any other Village property or places, or upon any
vacant lot or parcel of land within the Village of South Floral Park
any filth, dirt, ashes, clippings, garbage, wastepaper, dust or rubbish
or litter of any kind.
[Amended 9-3-1970; 11-5-1987 by L.L. No. 1-1987; 2-2-1998 by L.L. No. 3-1998]
A.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $750 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. 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.
B.
Fine for repeat offender violations: not to exceed $1,500 in the
discretion of the court.
[Adopted 12-5-1991 by L.L. No. 6-1991 (Ch. 47, Art. IV, of
the 1987 Code)]
As used in this article, the following terms shall have the
meanings indicated:
The person renting the roll-off container or dumpster from
the owner-lessor and who applies for and obtains the permit hereunder.
The person owning or leasing to third parties the roll-off
container or dumpster.
Any individual, partnership, firm or corporation.
The type of container usually associated with a vehicle containing
hydraulic or mechanical capabilities to lift a prefabricated container
from the ground onto the truck for transport purposes or to lift and
dump the material contained therein into the body of said truck, the
contents of which container is solid waste consisting of refuse, rubbish
and other debris, no larger than 20 yards' capacity.
A thoroughfare within the public domain.
It shall be unlawful and a violation of this article for any
person to place a roll-off container upon any public street within
the Village without first obtaining a permit therefor in accordance
with the requirements prescribed by this article.
[Amended 4-1-1993 by L.L.
No. 1-1993]
The Village Administrator may issue a permit for the use of
a roll-off container as a temporary street obstruction prior to the
placement thereof, upon written application by either the owner-lessor
or lessee-permit holder, provided that:
A.
The roll-off container or dumpster can be effectively placed parallel
to the curb so that no part of the container shall extend into the
street more than eight feet six inches from the adjacent curb.
B.
The roll-off container shall have thereon a permanent installation
of not less than 16 square feet of diagonal reflectorized stripping
material at each end of the container and shall also have permanently
stenciled or printed thereon, in English letters at least two inches
in height, the name, address and telephone number of the owner-lessor.
C.
Each application shall be accompanied by a certificate of insurance
either from the owner-lessor or the lessee-permit holder, indicating
public liability coverage insuring the Village as a named insured
in an amount not less than $250,000 for injuries, including wrongful
death to any person, and subject to the same limit for each person,
in an amount not less than $500,000 on account of each occurrence;
and a certificate of insurance either from the owner-lessor or the
lessee-permit holder indicating property damage insuring the Village
as a named insured in an amount not less than $50,000 on account of
any occurrence, and in an aggregate amount not less than $100,000.
D.
A filing fee in the amount of $50 shall accompany each application
for a permit hereunder.
E.
The Village Administrator shall have the authority to deny the issuance
of a permit hereunder if, in her judgment and discretion, she determines
that the placement of a roll-off container at any street location
shall constitute a public nuisance and hazard because of contour,
narrow width, traffic or other highway conditions peculiar to the
street at or near the proposed location.
F.
A permit issued under this article shall expire three weeks from
the date of its issuance and may be extended for an additional 30
days upon written application therefor and compliance with all of
the requirements of this section.
A.
Both the owner-lessor and the lessee-permit holder shall be fully
liable and responsible for compliance with all of the requirements
and regulations of this article.
B.
Both the owner-lessor and the lessee-permit holder shall be liable
and responsible for the repair of any street, sidewalk and/or curb
damaged by the placement, movement, use or removal of any roll-off
container or dumpster.
C.
No garbage or kitchen waste shall be deposited in any such roll-off
container or dumpster.
