[Amended 10-7-2003 by L.L. No. 22-2003; 3-7-2006 by L.L. No. 8-2006; 6-19-2007 by L.L. No. 13-2007; 4-9-2008 by L.L. No. 9-2008; 4-27-2022 by L.L. No. 10-2022]
A. Any owner, lessee, occupant, person or entity who
shall fail or refuse to comply with the provisions of any written
notice herein provided for or who shall refuse to remove any motor
vehicle, appliance, solid waste, rubbish or debris, shall be guilty
of an offense punishable by a fine of not less than $500 nor more
than $2,500 or by imprisonment for a period not exceeding 15 days,
or by both fine and imprisonment. The mandatory minimum fine must
be imposed and there shall be no discretion in imposing the mandatory
minimum fine; no unconditional discharge or any other sentence which
does not include the mandatory minimum fine or term of imprisonment
may be imposed, except upon application of the Special Assistant District
Attorney and consent of the court. Each day that such violation shall
be permitted to continue shall constitute a separate offense hereunder.
[Amended 12-20-2023 by L.L. No. 25-2023]
B. Notwithstanding any other provision of this chapter, but except as provided in Subsections
C,
D and/or
E below, upon conviction of a first offense based on a violation of any provision of this chapter, a fine of not less than $500 nor more than $2,500 must be imposed and imprisonment for a period not exceeding 15 days for each offense may be imposed; upon conviction of a second offense based on a violation of any provision of this chapter committed within five years of the first offense, a fine of not less than $2,500 nor more than $5,000 must be imposed and imprisonment for a period not exceeding 15 days for each offense may be imposed; and upon conviction of a third or subsequent offense based on a violation of any provision of this chapter committed within five years of the first offense, a fine of not less than $5,000 nor more than $7,500 must be imposed and imprisonment for a period not exceeding 15 days for each offense may be imposed, and upon conviction of any offense based on a violation of this chapter, by plea or trial, the mandatory minimum fine must be imposed and there shall be no discretion in imposing the mandatory minimum fine; no unconditional discharge or any other sentence which does not include the mandatory or imprisonment may be imposed, except upon application of the Special Assistant District Attorney and consent of the court. Each day that such violation shall be permitted to continue shall constitute a separate offense hereunder.
C. Upon conviction of a first offense based on a violation of §
133-35A,
B and/or
C, a fine of not less than $1,500 nor more than $5,000 must be imposed and, after notice and hearing by the Sanitation Commission, a suspension of a license issued hereunder for a period of not less than 15 days. A second or subsequent offense based on a violation of §
133-35A,
B and/or
C committed within five years of the first offense shall be punishable as a misdemeanor and a fine of not less than $2,500 nor more than $10,000 must be imposed and imprisonment of 15 days or more may be imposed, and, after notice and hearing by the Sanitation Commission, a license issued hereunder is subject to suspension for a period of not less than 30 days. A third offense based on a violation of §
133-35A,
B and/or
C committed within five years of the first offense shall result in, after notice and hearing by the Sanitation Commission, the revocation of a license issued hereunder.
D. Upon conviction for any action by any person, firm, corporation or other entity which violates or does not comply with any provision of Article
V or any regulation thereof, a fine of not less than $500 nor more than $2,500 must be imposed upon a third or subsequent offense committed within five years of the first offense.
[Amended 12-20-2023 by L.L. No. 25-2023]
E. Upon a conviction for an offense based on the violation of §
133-7, a fine of not less than $2,000 nor more than $5,000 must be imposed; provided, however, that for any violation of §
133-7 that results in an expense for cleanup, remediation or disposal to the Town and/or a recycling contractor, a fine of not less than $2,000 nor more than $5,000 must be imposed, plus the cost of cleanup, remediation and disposal of the hazardous waste or unacceptable waste causing such violation. In addition, a violation of §
133-7 shall be punishable, after notice and hearing by the Sanitation Commission, by a suspension of a license issued hereunder for a period of not less than 15 days, and a second violation of §
133-7 within one year of the date of a first violation shall be punishable, after notice and hearing by the Sanitation Commission, by a revocation of a license issued hereunder.
F. Any person or entity found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines set forth in Subsections
A,
B,
C,
D and
E for the respective violations referenced therein for a first offense and subsequent offenses. Liability findings by the Bureau of Administrative Adjudication, either alone or in combination with criminal convictions, can likewise form the predicate for license suspension or revocation pursuant to Subsections
C and
E.
The owner, lessee, tenant or other person having
the management or control of or occupying any lot or plot of land
in the Town of Babylon shall keep such land at all times free and
clear of solid waste, ashes, rubbish, refuse, grass cuttings, leaves,
garbage, waste materials, offal or any offensive substances, except
such as are deposited in containers or are otherwise secured as provided
for in this chapter.
No person shall deposit, throw, cast or bury
solid waste, rubbish, ashes, refuse, grass cuttings, tree cuttings,
leaves, garbage, waste material, offal or any offensive substance
on any vacant land or plot of land in the Town of Babylon.
[Amended 6-6-2000 by L.L. No. 14-2000; 12-18-2001 by L.L. No.
11-2001]
A. It shall be unlawful for any person to store, deposit,
place, maintain or cause or permit to be stored, deposited, placed
or maintained any roll-off upon any portion of any street, lane, sidewalk,
roadway or highway located within the Town.
B. Any roll-off left in violation of §
213-250.1F of this Code which shall unlawfully obstruct or impede traffic or remain on any street, lane, sidewalk, roadway or highway shall be deemed to have been abandoned, and such roll-off may be removed and stored in the manner set forth in Chapter
6 of the Uniform Code of Traffic Ordinances.
C. Any person who shall violate this section and who shall refuse to remove any roll-off or who shall resist or obstruct the duly authorized officer, agent or employee of the Town in the removal thereof shall, upon conviction, be subject to the penalties provided in §
133-31B.