[HISTORY: Adopted by the Town Board of the
Town of Huntington 7-1-2003 by L.L. No. 25-2003.[1] Amendments noted where applicable.]
A.
It shall be unlawful for any person or business entity
to cause, suffer, allow or permit any object or material, whether
solid or liquid, weighing less than five (5) pounds, including, but
not limited to, refuse, rubble, rubbish, debris, trash, lawn or garden
discards, vegetation, dirt or garbage to be thrown, deposited, placed
or discarded upon any street, highway, roadway, easement, recharge
basin, sidewalk, park, public place or private property without the
proper permits or permission from the property owner.
B.
It shall be unlawful for any person or business entity
to cause, suffer, allow or permit any object or material, whether
solid or liquid, weighing five (5) pounds or more, including, but
not limited to, refuse, rubble, rubbish, debris, trash, lawn or garden
discards, vegetation, dirt or garbage to be thrown, deposited, placed
or discarded upon any street, highway, roadway, easement, recharge
basin, sidewalk, park, public place or private property without the
proper permits or permission from the property owner.
C.
It shall be unlawful for any person or business entity
to cause, suffer, permit or allow an accumulation of sand, gravel,
cinders, topsoil, mud, earth, vegetation or other material to be located,
placed or deposited in such manner so as to enable the material to
flow, drift, discharge or stream onto any public street, highway,
roadway, sidewalk, drain, gutter, right-of-way, easement or other
public place or public improvement, or onto any private land within
the Town of Huntington.
D.
Dropping or leaking loads. It shall be unlawful for
any person or business entity who owns or operates a truck or other
motor vehicle transporting any solid or liquid material or object
on any street, roadway or highway within the Town to cause, suffer,
allow or permit any object to fall, or any portion of the material
being transported to drop, scatter, spill or leak from such truck
or other motor vehicle.
E.
Loading of trucks and other motor vehicles. It shall
be unlawful for any person or business entity who owns or operates
a truck or other motor vehicle to transport any solid or liquid material
or object on any street, roadway or highway within the Town unless
the truck or such other motor vehicle is so constructed, loaded, secured
or covered in such manner as will, at all times, effectively prevent
any load, contents, material, or object from being blown, dropped,
spilled, scattered or leaked onto any public street, roadway, highway
or other public place, or onto private property.
F.
Throwing litter from moving vehicles prohibited. It
shall be unlawful to throw or deposit litter upon any street, sidewalk,
roadway, highway, or other public place from a moving vehicle.
G.
Littering in fountains and bodies of water prohibited.
It shall be unlawful for any person or business entity to throw or
deposit waste, litter or debris into any public fountain, public pool,
pond, lake, stream, bay, harbor or other body of water within the
Town of Huntington.
H.
Sweeping litter into streets and gutters prohibited.
It shall be unlawful to sweep into or deposit any waste, litter or
debris of any kind into any gutter, sewer, drain, street, sidewalk,
walkway, right-of-way, easement, public square, park, lot or other
public property or improvement.
I.
Removal of waste by contractors. Any person or business
entity performing home improvements of any kind for compensation within
the Town shall immediately remove the waste generated from such activities
from the premises. Any person or business entity who fails or neglects
to remove the waste shall be in violation of this chapter.
J.
Deposit in bulk near public waste baskets and receptacles.
It shall be unlawful for any person or business entity to cause, suffer,
permit or allow refuse in bulk, whether generated from a residential
dwelling or commercial enterprise, of the type or variety usually
subject to formal refuse collection and removal by a licensed carter
of the Town of Huntington, to be placed into, near or in close proximity
to public refuse baskets or receptacles intended for general public
use within the Town of Huntington.
[1]
Editor's Note: Former § 133-2, Accumulation of trash,
waste, rubbish, debris, garbage and other hazards or nuisances prohibited
on private property, as amended, was repealed 7-21-2020 by L.L. No. 19-2020.
(A)
A person or business entity who commits or permits any acts in violation of any provision of this chapter, except the provisions of § 133-1B, shall be deemed to have committed an offense against this chapter, and shall upon conviction thereof, be subject to a fine of not less than one hundred dollars ($100) and not more than seven hundred fifty dollars ($750), or imprisonment for a period not exceeding ten (10) days, or both a fine and imprisonment, for a first offense; and for a second or subsequent offense committed within five (5) years of the first offense, a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or imprisonment for a period not exceeding twenty (20) days, or both a fine and imprisonment. Each day, or part thereof, such violation continues or is permitted to exist shall constitute a separate offense, punishable in like manner.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B)
A person or business entity who commits or permits any acts in violation of § 133-1B of this chapter, shall upon conviction be guilty of a misdemeanor and subject to a fine of not less than five thousand dollars ($5,000) and not more than nine thousand dollars ($9,000), or imprisonment for a period not exceeding one (1) year, or both a fine and imprisonment. Each day, or part thereof, such violation continues or is permitted to exist shall constitute a separate offense, punishable in like manner. In addition, the vehicle and trailer (if any) utilized in the commission of a violation of § 133-1B may be immediately impounded by the Town upon conviction of a misdemeanor and held by the Town until a hearing is held before the Director of Public Safety, or his/her designee, for the purpose of determining whether the vehicle and trailer (if any) was utilized in the commission of the crime and if it should be forfeited to the Town. The hearing shall be held on no less than ten (10) days' written notice to the person or business entity who appears on the vehicle's registration. At the hearing, the registrant shall have an opportunity to appear and present any evidence he/she deems advisable or necessary. If, after a hearing, the Director, in his or her sole judgment, determines that the vehicle and trailer (if any) were used in the commission of the misdemeanor and should be forfeited, then he/she shall report his/her findings and recommendations to the Town Board for confirmation.
(C)
Any
person or entity found by the Bureau of Administrative Adjudication
to have violated this chapter shall likewise be subject to a monetary
penalty in an amount within the range of fines authorized in subdivisions
(A) and (B) for the respective violations referenced therein for a
first offense, subsequent offenses and continuing offenses.
(D)
In addition to the penalties set forth above and any
other remedy available to the Town, the Town Board may maintain an
action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of this chapter, and/or to recover the cost of abating
or removing the litter, debris, hazard, nuisance or other condition,
and/or to recover legal fees.
(E)
In addition to the penalties set forth above, the
Town may maintain an action in a court of competent jurisdiction for
civil penalties in the sum of not less than one hundred fifty dollars
($150) nor more than two thousand five hundred dollars ($2,500) for
each offense against this chapter.
