[HISTORY: Adopted by the Board of Trustees
of the Village of Fishkill 12-15-1958 by Ord. No. V.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was reaffirmed
5-13-1963 by action of the Board of Trustees.
[Amended 9-23-2019 by L.L. No. 5-2019]
A.
No person shall throw, place or deposit any ashes,
garbage, vegetable matter, offal, refuse, containers, wastepaper or
abandoned autos or other vehicles in or upon any street, sidewalk
or public thoroughfare in said Village except with the consent of
the Village Board or its authorized agent.[1]
B.
Placement of materials. Ashes, garbage, vegetable matter, etc., placed
on street for collection shall be placed in tight containers and cardboard
and loose papers tied securely. All containers, receptacles or bundles
of garbage, rubbish, refuse, recyclable material, yard waste and/or
bulky waste shall in no case be placed at the curb prior to 4:00 p.m.
of the day prior to the regular collection day established for such
residential or nonresidential premises.
C.
Return of receptacles. The owners and occupants of all residential
and nonresidential premises shall return such containers and receptacles
or cause the same to be returned to the rear of the premises not later
than 12 hours after the garbage, rubbish, refuse, ashes, recyclable
material and/or yard waste contained therein has been collected.
[Amended 2-13-1984 by L.L. No. 6-1984]
A.
No person, firm, association or corporation shall
in any way injure or destroy any shade tree planted or grown upon
or along any sidewalk, public street, place or highway within the
Incorporated Village of Fishkill, and no such tree shall be removed
except upon a permit to be issued by the Mayor upon application as
hereinafter provided.
B.
The application for such permit shall contain an agreement
on the part of the applicant that he will remove said tree at his
own cost and expense and hold the Village harmless and that he will
replace said tree with another tree within four months, unless the
permit according to the discretion of the Village Board provides otherwise.
In the event that replacement of said tree is required and the same
is not so replaced within the allotted time, the Village of Fishkill
may cause a tree to be planted in place and stead of the tree removed
and assess the cost thereof to the applicant, in addition to the penalty
hereinafter provided.
C.
Whenever, in the opinion of the Village Board, the
trimming, treating or removal of trees or shrubs located on private
grounds or between the sidewalk line and the curbline in front of
any abutting property shall be deemed necessary in the interest of
public health or safety, the Village Clerk, on action of the Village
Board, shall notify, in writing, the owner or occupant of the property
or the abutting property, as the case may be, upon which the tree
or shrub stands, to so trim, treat or remove said tree or shrub within
20 days from the date of such notice, and in the event of noncompliance
with such notice and order, the Village of Fishkill may cause said
tree or shrub to be so trimmed, treated or removed, and the cost thereof
shall be an assessment against the said property or abutting property.
No person or persons, except such as shall be
appointed or employed for that purpose, shall light or attempt to
light, extinguish or attempt to extinguish or in any manner meddle
or interfere with the lamps, poles, wires, ropes, electric fixtures
or appliances erected or hereafter to be erected, placed or constructed,
kept or maintained for lighting said Village; nor shall any person
break, bend or in any manner injure or interfere with said lamps,
wires, fixtures or appliances connected with or attached to the electric
lighting system of said Village, or in any manner shake or jolt the
poles or pull upon or interfere with the ropes connected with said
system or in any manner molest or interfere with the person or persons
appointed or employed to take charge of, light or extinguish said
lamps as aforesaid while in the performance of said duty.
[Added 2-13-1984 by L.L. No. 6-1984]
No person shall engage in or carry on any business
in such manner as to offend public health or decency or to annoy,
injure or endanger the comfort, repose and safety of others.
No person shall in any way deface, disturb or
injure any hydrant, pipe or connection of the Village water system
nor any equipment used in the operation of said water system.
No person shall willfully or maliciously injure,
deface or destroy any building, fence, awning, signboard, sidewalk
or pavement, ornamental thing in the said Village, or remove or destroy
handbills or notices or placards lawfully posted within the said Village.
[Amended 2-13-1984 by L.L. No. 6-1984[1]]
Nothing contained in this chapter shall prevent
the Mayor of the Village from permitting the discharge of fireworks
in connection with patriotic celebrations in conformity with existing
law. The fee for a fireworks permit shall be $25.
[1]
Editor's Note: This local law also repealed
original Section 111, pertaining to the discharge of certain liquids,
and Section 112, pertaining to septic tank and cesspool installation,
which sections immediately followed this section.
The owner or occupant of any lot, building,
tenement house or part thereof in the said Village shall remove within
the time specified, from his, her or their premises, any nuisance
or nuisances thereon.
[Added 12-19-2007 by L.L. No. 11-2007[2]]
Any person violating any of the provisions of
this chapter shall, upon conviction, be punishable by a fine not to
exceed $250 or by imprisonment for a term not to exceed 15 days, or
both. Each day that a violation of, or failure to comply with, any
provision of this chapter occurs shall constitute a separate and distinct
violation punishable by separate fines and/or separate terms of imprisonment.
[1]
Editor’s Note: Former § 109-9, Permit required for public gatherings, was repealed 4-16-2018 by L.L. No. 1-2018. This local law also renumbered former § 109-10 as § 109-9.
[2]
Editor's Note: This local law also repealed
former § 109-10, Lounging or loafing; § 109-11,
Public bathing; § 109-12, Awnings over sidewalks; § 109-13,
Outhouses prohibited; and § 109-14, Penalties for offenses,
as amended 2-13-1984 by L.L. No. 6-1984.
