This chapter shall be known and may be cited as the "East Hills
Anti-Litter Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
GARBAGE
Any animal, mineral or vegetable refuse and waste matter,
dead animals weighing not more than 10 pounds, carrion, offal, swill
and similar materials.
[Amended 1-21-1997 by L.L. No. 3-1997]
LITTER
Includes garbage, refuse, rubbish and outdoor rubbish, as
defined herein, and all other waste material which, if thrown or deposited
as prohibited in this chapter, tends to create a danger to public
health, safety and welfare.
NUISANCE
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
[Added 1-21-1997 by L.L. No. 3-1997]
OUTDOOR RUBBISH OR OUTSIDE RUBBISH
Hedge, garden or lawn clippings, weedings, dead or fallen
leaves, parts or branches of trees, shrubbery and plantings and rakings
of material from gardens, driveways and lawns.
[Amended 1-21-1997 by L.L. No. 3-1997]
PARK
Includes a park, reservation, playground, recreation center
or any other public area in the Village, owned or used by the Village
and devoted to active or passive recreation.
PRIVATE PREMISES
Includes any yard, grounds, walk, driveway, porch, steps
or mailbox belonging or appurtenant to any dwelling, house, building
or other structure.
PUBLIC PLACE
Includes any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, street cleanings, dead
animals and solid market and industrial wastes.
RUBBISH
Sweepings from buildings (except from buildings under construction,
alterations and repairs), boxes, barrels, paper, rags, excelsior,
straw, Christmas trees, old clothes, shoes, bedding, furniture or
parts thereof, small rubber or wooden scrap and similar materials
of a size and dimension as prescribed by the Garbage and Rubbish Ordinance
of the Town of North Hempstead.
[Amended 1-21-1997 by L.L. No. 3-1997]
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
[Amended 1-21-1997 by L.L. No. 3-1997]
No person shall deposit any domestic rubbish or garbage in public
litter receptacles.
No person shall throw or deposit litter in any park within the
Village. Where public receptacles are not provided, all litter shall
be carried away from the park by the person responsible for its presence
and properly disposed of elsewhere.
No person, being the driver or a passenger in a vehicle, shall
throw or deposit litter upon any street or public place within the
Village or upon any private property.
[Amended 1-21-1997 by L.L. No. 3-1997]
The owner or person in control of any private property shall
at all times maintain his or her premises free of litter so that the
same does not constitute a danger to the public health, safety and
welfare and does not create a nuisance. This section shall not prohibit
the storage of litter in authorized private receptacles for collection.
[Amended 1-21-1997 by L.L. No. 3-1997]
Any person duly empowered by the Village Board of Trustees is
hereby authorized and empowered to request the owner of any open occupied
private or vacant private property within the Village, or the agent
of such owner, to properly dispose of litter located on such owner's
property which is dangerous to the public health, safety or welfare.
Such request shall be by registered mail, addressed to the owner at
his or her last known address.
[Amended 1-21-1997 by L.L. No. 3-1997]
Persons owning or occupying property shall keep the sidewalk
in front or abutting any side of their premises free of litter.
[Amended 1-21-1997 by L.L. No. 3-1997]
Except as otherwise provided in § 1220 of the Vehicle and Traffic Law, any person violating the provisions of this chapter, or any part thereof, shall be subject to a penalty as prescribed in Chapter
1, General Provisions, Article
III, for each offense. The issuance of a summons for such violation and/or the imposition of a penalty shall not relieve the person so violating this chapter from the obligation of immediately removing such garbage, refuse, rubbish or outdoor rubbish from any street, highway or public place where such dumping shall occur.
[Added 8-14-1995 by L.L. No. 4-1995]
Dumpsters and similar large receptacles for commercial and industrial
refuse shall be shielded from public view by means of appropriate
landscaping and/or architectural screening, subject to the approval
of the Building Department, and shall be completely and securely covered
at all times, except that such screening shall not be required in
the case of temporary construction activity.