[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 9-12-1983 by L.L. No. 1-1983 as Ch. 145 of the 1983
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Commission for Conservation of the Environment — See Ch. 15.
Air pollution — See Ch. 55.
Brush, grass and weeds — See Ch. 75.
Excavations — See Ch. 89.
Gardeners; tree services — See Ch. 107.
Parks and recreation areas — See Ch. 137.
Unsolicited printed materials — See Ch. 149.
Solid waste — See Ch. 173.
Streets and sidewalks — See Ch. 177.
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:
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]
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.
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]
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]
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.
Includes any yard, grounds, walk, driveway, porch, steps
or mailbox belonging or appurtenant to any dwelling, house, building
or other structure.
Includes any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
All putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, street cleanings, dead
animals and solid market and industrial wastes.
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]
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.[1]
[1]
Editor's Note: Original § 145-3, Depositing litter on public land prohibited; placement of garbage from private property, as amended, which immediately followed this section, was repealed 1-21-1997 by L.L. No. 3-1997. Current provisions are now located in Ch. 173, Solid Waste, §§ 173-3, 173-4B and 173-8.
[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.
A.Â
No person shall transport in any truck or other vehicle, or in any
other manner, through the public streets of the Village, any streets
to which the public has access or over any land owned or controlled
by the Village any stones, gravel, sand, cinders, dirt, brick, coal,
liquids, pipes, wood, debris, ashes, waste material, rubbish, discarded
boxes, barrels or other containers of merchandise or discarded material
of any kind or description, consigned to a dump or to any other destination,
unless the same is conveyed or transported in a truck, vehicle or
other manner entirely covered or enclosed so that material cannot
escape while being so transported. In the event that the same shall
be transported or conveyed other than in an entirely closed truck,
vehicle or otherwise, such material being so transported and conveyed
shall be covered by a canvas or covering of a similar nature, securely
fastened so as to prevent the material's escaping from the truck,
vehicle or otherwise onto the streets, sidewalks, ways, public land
or private property. It shall be unlawful for any person so to convey
and transport stones, gravel, sand, cinders, dirt, brick, coal, liquids,
pipes, wood, debris, ashes, rubbish, waste or discarded material of
any nature through the public streets of the Village, on ways open
to the public or over land owned or controlled by the public or to
deposit or allow such material to escape onto the streets and other
places while being so transported and conveyed. It shall be the duty
of every person transporting and conveying such material to stop and
recover the same, in the event of any escape or loss thereof, irrespective
of the cause of the escape or loss.
A.Â
No person shall throw or deposit litter on any occupied private property
within the Village in such a manner that it tends to create a danger
to the public health, safety and welfare, whether owned by such person
or not, except that the owner or person in control of private property
may maintain private receptacles for collection, as authorized by
this chapter. Litter shall be prevented from being carried or deposited
by the elements from any such occupied private property to the street,
sidewalk or other public place or upon any private property.
B.Â
No person shall throw or deposit litter on any open or vacant private
property within the Village, whether owned by such person or not,
so that the same shall create a danger to the public health, safety
and welfare.
[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.
