It is the aim of the Town Board of the Town of Blooming Grove
to promote the public health, welfare and safety of the citizens by
providing for the cleanliness, maintenance and preservation of parking,
accessory and other open areas provided for or required in connection
with any subject premises. To do so, the Town Board does hereby enact
this article regulating the management and maintenance of parking
areas, accessory areas or other open space used in connection therewith.
As used in this article, the following terms shall have the
meanings indicated:
ACCESSORY AREA
Buffer zones, setbacks, side and rear yards or other areas,
surfaced or natural, or open space used in connection with subject
premises.
ASHES
The residue from the burning of wood, coals, coke or other
combustible materials.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
preparation, handling, cooking and consumption of food. Kitchen and
household refuse and table cleansings, fruit and vegetable matter
and fallen fruit.
GARBAGE CONTAINER
A covered container, which is rodent, vermin, insect, raccoon
and waterproof.
HOLDER
Owner, tenant, trustee, receiver, executor or other person
who controls, in whole or in part, any subject premises.
NUISANCE, HAZARD and LITTER
All discarded or waste material, debris, garbage, refuse,
rubbish, household appliances, furniture, machinery, automotive parts,
bottles, cans, glass, waste wood, construction materials or supplies,
paper, cardboard, rags, tree stumps, any other junk substance and
any matter prejudicial to good health or a clean environment.
PARKING AREA
Space provided by the holder for the parking of vehicles,
together with the means of ingress and egress thereto and the roads
and driveways of any subject premises.
RECYCLABLE MATERIALS
Newsprint; flattened cardboard; glass food and beverage containers;
metal food and beverage containers; plastics: HYPE and PET (coded
1 or 2); yard waste; limbs, brush and wood; vehicular batteries; used
motor oil; and tires.
REFUSE
All solid wastes (except body wastes), including garbage,
rubbish, ashes, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as paper, cardboard,
tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding,
crockery and similar materials. Appliances, furniture, and do-it-yourself
project material, e.g., siding, plaster lathe, etc.
SUBJECT PREMISES
Any premises which contain, in whole or in part, any parking
area servicing any industrial, commercial (retail, wholesale or services
to the public), professional, educational, entertainment or recreational
area or in conjunction with apartment or multiple residences or other
areas regularly used for purposes or functions to which the general
public is invited, directly or indirectly, the ingress and egress
thereto, roads and driveways therein, buffer zones, setbacks or other
open space in connection therewith with respect to all of said areas
used in connection with such premises or any other open areas provided
for in connection with the issuance of a certificate of occupancy,
variance or special permit as required pursuant to the Zoning Code
of the Town of Blooming Grove or any law applicable to such premises
or use thereof.
TRASH CONTAINER
A container with appropriate cover to receive hand-carried
discarded paper and trash.
Any holder of a subject premises shall comply with the following:
A. The subject
premises shall be kept free and clear of ashes, dirt, debris, rubbish,
garbage, recycled material, refuse, all nuisance, hazard, litter,
and other obstructions and the same shall be kept properly repaired
and maintained.
B. All roads,
sidewalks, driveways, parking areas and other areas used in connection
with the subject premises, as well as the means of ingress and egress
to the subject premises, shall be kept in proper repair and free from
dirt, refuse, snow and ice.
C. All water
drains and water drainage systems shall be kept clean and in proper
working order.
D. All prescribed
lights shall be kept in proper working order and lighted during the
lighting period when the subject premises or any portion thereof is
being used by the holder of the subject premises or any portion thereof
is open for business.
E. All fences,
screening, curbing, grass, shrubbery, retaining walls, slopes and
other space used in connection therewith shall be kept maintained
and/or repaired.
F. Any parking
lines for parking spaces shall be kept properly painted and marked.
Parking spaces for handicapped persons shall be completely covered
with an iridescent, light blue paint, upon which there shall be superimposed
the handicapped logo, as is provided by law for such parking spaces.
G. All exterior
areas shall be kept free and clear of the storage of goods, wares
and merchandise. Loading and unloading are to be done in designated
zones only.
H. All refuse
shall be stored in the designated place or places in proper garbage
receptacles.
I. There shall
be at convenient places proper trash receptacles, which shall be sufficiently
serviced to prevent overflow.
No statement in this article shall be construed to interfere
with any additional requirements that may be imposed by any federal,
state or local authority having jurisdiction.
The Town Board of the Town of Blooming Grove hereby determines
it is necessary for the health, safety, appearance and general welfare
of the residents of the Town of Blooming Grove to provide a method
whereby vacant lots, improved properties and public lands within the
Town of Blooming Grove are kept clean, properly maintained and kept
free from vermin, nuisances, hazards, debris and litter.
For the purpose of this article, terms used herein are defined
as follows:
HOUSEHOLD GARBAGE
Kitchen and household refuse and table cleansings, decaying
animal, fruit and vegetable matter and fallen fruit.
MACHINERY and EQUIPMENT
Any combination of mechanical, electrical, electromechanical
or other means or elements to a given end or for a particular purpose,
including vehicles, farm implements, industrial equipment and any
or all parts for machinery or equipment.
NUISANCE, HAZARD, DEBRIS and LITTER
Any waste material, including but not limited to garbage
or other putrescible substance, refuse, rubbish, inoperable vehicles
and parts, discarded furniture, appliances, water heaters, bottles,
cans, building or construction materials or supplies when stored outside
on a site where no active construction is taking place or discarded
or strewn papers or material or other junk substances, tree stumps,
tree trunks, branches or limbs that have fallen or been cut down,
or any other matter attractive to vermin, likely to breed disease,
present a fire hazard, create offensive odors or to otherwise be prejudicial
to good health or being so unsightly of appearances as to be offensive
to surrounding properties.
RECYCLABLE MATERIALS
Newsprint; flattened cardboard; glass food and beverage containers;
metal food and beverage containers; plastics: HYPE and PET (coded
1 or 2); yard waste; limbs, brush and wood; vehicular batteries; used
motor oil; and tires.
RUBBISH
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as paper, cardboard,
tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding,
crockery and similar materials. Appliances, furniture, and do-it-yourself
project material, e.g., siding, plaster lathe, etc., but limited to
four bushels in equivalent containers.
VEHICLES
For the purpose of this article, "vehicle" shall be defined
as a car, truck, camper, van, boat, boat trailer, commercial trailer,
motorcycle, go-cart or any other motorized or nonmotorized object
which has as its main purpose the storage or movement of people, goods,
or animals.
All owners, occupants or tenants of any privately owned property
within the Town of Blooming Grove shall maintain grass or other ground
cover, trees and shrubbery in a safe condition, free of noxious weeds
and otherwise free of nuisance, hazard, debris, litter, recyclable
materials, rubbish, household garbage, machinery and equipment or
parts thereof and unsightly materials. For the purposes of this provision,
all grass shall be kept trimmed to a height of no greater than 10
inches. The dead or diseased trees or any portion thereof which present
any hazard to life or property shall be removed. No owner, tenant,
or occupant shall blow leaves or other debris onto adjacent property,
property lines, and/or public streets. Parcels that have a home and
are larger than two acres are required to maintain the property: 10
feet from edge of the paved roadway, 250 feet from the front of the
home towards the roadway, 50 feet from each side of the home, and
100 feet from the rear of the house. The failure to maintain property
as required by this section shall be deemed an offense.
The owner, tenant or occupant of any property located within
the Town of Blooming Grove shall not park, permit or allow the exterior
parking or storage of any registered and unregistered vehicle or vehicles
within the front, side or rear yard of such property, unless such
vehicle is parked upon a driveway or other paved or dust-free surface
provided for such purposes or in any manner which would violate the
Zoning Code of the Town of Blooming Grove. No vehicle registered as
TLC, limousine, livery, bus, taxi shall be parked, stored, and/or
maintained on any property. The failure of any owner, occupant or
tenant to comply with the requirements of this chapter or the Zoning
Code of the Town of Blooming Grove shall be deemed an offense under
this section.
No statement in this article shall be construed to interfere
with any additional requirements that may be imposed by any federal,
state or local authority having jurisdiction.