Village of Bellerose, NY Chapter 147 Nuisances

[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 11-8-1976 by L.L. No. 9-1976.[1] Amendments noted where applicable]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 65.

Nuisances by dogs and cats — See Ch. 88, Art, II.

Trimming of hedges and bushes — See Ch. 124.

Littering — See Ch. 135.

Noise — See Ch 144.

Property maintenance — See Ch 165.

[1] Editor's Note: Pursuant to L.L. No. 1-1976 which established the Code, the provisions of this chapter were originally designated as Ch. 75.

§ 147-1 Nuisances enumerated.

The following conditions are hereby declared to be nuisances, and the maintenance of such nuisances is hereby prohibited within the Incorporated Village of Bellerose:

A. Whatever is dangerous to human life or health.

B. Whatever building or structure or part or cellar thereof is overcrowded or not provided with adequate means of egress or is not sufficiently supported, ventilated, sewered, drained, lighted or cleaned.

C. Whatever renders soil, air, water or food impure or unwholesome.

D. Slaughterhouses, privies, hogpens, accumulations of dung or manure, carcasses, swill, brine, urine of animals or any stinking, noxious, offensive, foul or filthy liquids or other matters or conditions.

E. Discarded material of any kind or rubbish or refuse that is maintained beyond normally scheduled garbage removal.[1]

[1] Editor's Note: See also Ch. 135, Littering.

F. Accumulations of brush, tree stumps or other vegetative wastes or rubble or construction wastes that are maintained beyond normally scheduled garbage removal.

G. Growths of weeds or other noxious vegetation or any growths of grass above six inches in height.[2]

[2] Editor's Note: See also Ch. 124, Hedges and Bushes.

H. Ponds or pools of stagnant water.

I. Pits, holes, excavations, uncovered wells or other declivities of land which are unsightly or are liable to cause injury to persons falling therein or therefrom.

J. Barbed-wire or electrified fences or such fences as are otherwise forbidden by the provisions of the Code of the Incorporated Village of Bellerose.

K. Accumulations of junk, old metals or machinery, rags or newspapers or storage in the open of abandoned, inoperable or partially or completely dismantled motor vehicles.

L. On private property located within the Residence District of the Village, as that term is defined in § 210-4 of the Code, the maintenance of any container actually accommodating or designed to accommodate more than one cubic yard of rubbish, refuse or discarded material of any kind or the maintenance, within said Residence District on private property, of any bulk storage containers, as that term is defined by § 135-2 of the Village Code, for any period of time whatsoever.

[Added 1-9-1984 by L.L. No. 2-1984[3]]

[3] Editor's Note: Section Two of this local law read as follows: "It is the intent of the Board of Trustees, in the enactment of this local law, to provide for the efficient operation of the Fire Department of the Incorporated Village of Bellerose in their dealing with fire emergencies on private property within the Residence District of the Incorporated Village of Bellerose and to ensure that the said Fire Department shall not be in any way hindered, by the existence of the items declared a nuisance by this local law, from effectively carrying forward their duties."

§ 147-2 Right of entry.

In case of an alleged violation of any provision of § 147-1, the owner or lessee of property whereon the violation occurs is deemed to consent to the right of entry by the Village officials for the sole purpose of inspecting or correcting such violation.

§ 147-3 Power to abate.

The imposition of any penalty for any offense committed against the provisions of this chapter shall not affect the power of the Board of Trustees to require the abatement of the nuisances enumerated herein within such time as the Board of Trustees shall fix, nor shall it prevent, in the event of neglect or refusal by any person to comply with any or all of the provisions of such an order, entry by the Board of Trustees or its designees upon the premises affected by such nuisances, the removal of such nuisances by the Village or its agents and the assessment of all costs of such removal, including legal fees, against the real property affected.

§ 147-4 Restrictions on use of basketball hoops.

[Added 3-22-2005 by L.L. No. 1-2005[1]]

A. No person or entity shall store, leave or utilize a portable basketball hoop in or upon a street, sidewalk, right-of-way, or front yard.

B. No basketball hoop shall be utilized between the hours of 10:00 p.m. and 8:00 a.m.

[1] Editor's Note: This local law also renumbered former § 147-4 as § 147-5.

§ 147-5 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be judged a disorderly person and shall be punishable by a fine not to exceed $250, and each and every day during which such violation shall exist shall constitute a separate offense, punishable as such.