[HISTORY: Adopted by the Board of Trustees of the Village of Babylon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Disposal of animal waste — See Ch. 79.
Dumps and dumping — See Ch. 129.
Housing standards — See Ch. 199.
Littering — See Ch. 220.
Abatement of nuisances — See Ch. 237.
Property maintenance — See Ch. 269.
Streets and sidewalks — See Ch. 308.
[Adopted as Ch. III, Art. II, of the 1938 Code of Ordinances; amended 4-12-1960 (Ch. 144 of the 1981 Code)]
[Amended 11-30-1981 by L.L. No. 9-1981]
All garbage shall be kept in a metal or plastic container equipped with handles and a properly fitted watertight cover. Such container shall be kept and maintained neatly and cleanly in a place and in a manner accessible for collection at the rear of the dwelling, house or building. No container, refuse, trash, rubbish or other material shall be maintained in a place closer than seven feet from any property line.
[Amended 6-10-1986 by L.L. No. 3-1986; 6-22-2004 by L.L. No. 2-2004]
All garbage, ashes, combustible and noncombustible rubbish, refuse, trash, tree branches, grass cuttings, clippings of any kind, stones, glass and other materials shall be prepared for collection in such manner as prescribed in the regulations of the Sanitation Department in effect from time to time.
[Amended 6-10-1986 by L.L. No. 3-1986; 6-22-2004 by L.L. No. 2-2004; 5-28-2024 by L.L. No. 7-2024]
Such refuse, rubbish, trash and other materials as are required to be placed at the curb for collection as set forth in the regulations of the Sanitation Department shall be placed between the curb and the sidewalk or property line not earlier than 6:00 p.m. on the day immediately preceding the day of collection and not later than 7:00 a.m. on the day of collection designated for the particular area, district or street. Except as aforesaid and on the designated day of collection, no refuse, rubbish, trash or other materials shall be placed, kept or maintained at the curb.
[Added 6-22-2004 by L.L. No. 2-2004]
The property owner or lessee of a residence or business will be held responsible for any and all material being placed on the street or curb area before the prescribed times outlined in this article.
[Amended 6-10-1986 by L.L. No. 3-1986; amended 6-22-2004 by L.L. No. 2-2004]
Prior to the promulgation of any regulations by the Sanitation Department, the same shall be approved and adopted by a resolution of the Board of Trustees, and after adoption such regulations shall be posted in the offices of the Superintendent of Public Works and the Village Clerk.
Should the person or persons charged fail or refuse to perform any or all of the duties prescribed in this article, then the Board of Trustees shall cause the omitted duty or duties to be performed and the expense thereof to be assessed upon the land of the owner thus failing or refusing.
[Added 11-30-1981 by L.L. No. 9-1981; 5-25-2021 by L.L. No. 7-2021; 10-10-2023 by L.L. No. 6-2023]
A. 
It shall be expressly prohibited for any homeowner, agent, renter, or occupant to place and store excessive amounts of rubbish, refuse, bulk items, furniture, or any type of discarded materials on part of the real property belonging to the property owner, or whose renter or occupant has control thereof, for any extended period, except for normal rubbish collection days and times, in accordance with the provisions of this Chapter 302, Solid Waste, Article I, Garbage Disposal, and Chapter 269, Property Maintenance, of the Code of the Village of Babylon.
(1) 
The Sanitation Department shall determine what constitutes an excessive amount of garbage, rubbish, refuse, bulk items, furniture, or any type of discarded materials.
(2) 
It shall be expressly prohibited for any homeowner, agent, renter, or occupant, upon vacating or moving from a home or apartment, to allow any furniture, appliance, fixture, table, chairs, rugs, or otherwise any contents of the home or apartment to be discarded, placed and left on a street or Village right-of-way.
B. 
Any person committing an offense against any provision of this article 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 $1,500 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 article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
C. 
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article.
[Added 6-10-1986 by L.L. No. 3-1986]
It shall be unlawful to collect any garbage, rubbish, ashes, trash, tree branches, grass cuttings, clippings of any kind, stoves, glass or any kind of refuse or garbage before the hour of 6:00 a.m.
[Added 11-27-2001 by L.L. No. 5-2001]
On all commercial development or rehabilitation of established shopping centers, stores, or commercial buildings, application must be made to the Department of Planning of the Village of Babylon to determine the location and size of dumpsters.
[Added 11-27-2001 by L.L. No. 5-2001; amended 6-22-2004 by L.L. No. 2-2004]
The owner, agent or occupant of any business premises in the Village of Babylon shall be responsible for the sanitary condition of the premises owned or occupied by him or her, as set forth in Chapter 269, Property Maintenance, Article II, Requirements; and Chapter 308, Streets and Sidewalks, Article I, Prohibited Obstructions, § 308-3, Merchants to keep sidewalks free of litter.