Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Dumps and disposal areas — See Ch. 24.
Disposition of petroleum substances — See Ch. 47.
Property maintenance — See Ch. 49.
Disposition of trees and debris — See Ch. 72.
This chapter shall be known and may be cited as the "Sanitary Code of the Town of Brookhaven."
A. 
When not inconsistent with the context, words in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
ABANDONED HOUSEHOLD CONTENTS
Furniture, furnishings, housewares, appliances and other personal property customarily found in and used in residential dwellings, which are deposited at, or along said dwelling's street frontage, in part or in whole, pursuant to a duly executed warrant of eviction by legally authorized law enforcement officers and/or personnel.
[Added 9-20-2001 by L.L. No. 26-2001, effective 9-24-2001; amended 4-16-2002 by L.L. No. 1-2002, effective 4-25-2002]
AUTHORIZED COMMERCIAL RECEPTACLE
A litter storage and collection container which is durable, rust-resistant, nonabsorbent, watertight and capable of being closed to prevent scattering of the contents and which is used for the storage of litter emanating from nonresidential sources.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection container which is durable, rust-resistant and capable of being tightly sealed. Receptacles used for storage of garbage shall, in addition thereto, be nonabsorbent, watertight and equipped with handles and shall not exceed 30 gallons in capacity or 100 pounds in weight. Plastic bags that are heavy enough to contain garbage without breaking are permitted, provided that they are tightly sealed. Paper bags shall be deemed "authorized private receptacles" for the storage and collection of grass cuttings and leaves. Grass cuttings, leaves and other inoffensive materials may be stored in heaps or piles within barriers constructed of boards, slats or wire for reduction to compost for use on the premises, provided that no odors are permitted to emanate therefrom nor other nuisances to develop.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature which:
(1) 
Advertises for the sale of any merchandise, produce, commodity or thing;
(2) 
Directs attention to any business or mercantile or commercial establishment or any other activity for the purpose of either directly or indirectly promoting the interest thereof by sales;
(3) 
Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; or
(4) 
While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
COMMISSIONER
The Commissioner of the Department of Recycling and Sustainable Materials Management of the Town of Brookhaven.
[Amended 7-7-1987 by L.L. No. 13-1987; 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
DUMPSTER
A litter storage and collection container of two cubic yards or greater in capacity, which is designed to be emptied by a forklift or forklift truck.
[Added 11-17-1987 by L.L. No. 31-1987]
EXPLOSIVES
Any chemical compound or a mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
FRONTAGE
The boundary line of a lot or parcel of land abutting a public or private street or road to a distance of six feet on either side thereof.
[Added 9-20-2001 by L.L. No. 26-2001, effective 9-24-2001]
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
[Amended 7-7-1987 by L.L. No. 13-1987]:
(1) 
A solid waste or a combination of solid wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:
(a) 
Cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating reversible illness; or
(b) 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
(2) 
Such wastes shall include but are not limited to explosives, hazardous radioactive materials, toxic substances and those substances which the Commissioner has identified as hazardous wastes pursuant to the above criteria and has included on a list of hazardous waste promulgated by the Department
LIQUID WASTE
The liquid and waste solids contained in subsurface sewage disposal systems and appurtenances, waste sludges generated at sewage treatment plants and wastewater from laundry operations and industrial wastewater.
LITTER
All waste material, including plastic six-pack holders, rubbish, liquid waste and garbage, which tends to create a danger to public health, safety and welfare and/or which creates an unsightly condition.
[Amended 11-21-2000 by L.L. No. 15-2000, effective 11-27-2000]
NEWSPAPER
Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law and, in addition thereto, shall mean and include any periodical or current magazine regularly published in not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copy of any matter of literature which does not constitute a commercial handbill or newspaper as these items are defined in this section.
PERSON
Any person, firm, partnership, association, private or municipal corporation, company or organization of any kind.
PRIVATE PROPERTY
Any vacant land held in private ownership and any yard, grounds, walk, driveway or private parking area belonging to or appurtenant to any other privately owned dwelling, house, building or other structure.
PUBLIC DISPOSAL FACILITY
An area or facility designated for disposal, storage and/or collection of solid or liquid waste, which is owned and/or maintained by the Town of Brookhaven or other municipal agencies and which has been designated as being for the use of the public. A Town solid waste management facility is a public disposal facility.
[Amended 7-7-1987 by L.L. No. 13-1987]
PUBLIC PROPERTY
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings which are owned and/or maintained by any federal, state, county or municipal authority.
PUBLIC RECEPTACLE
A litter disposal, storage and/or collection container which is owned and/or maintained by any federal, state, county or municipal authority and which has been designated as being for the use of the general public.
RESOURCE RECOVERY
The separation, extraction and recovery of usable materials (including, without limitation, methane), energy or heat from solid waste through source separation, recycling centers or other programs, projects or facilities.
[Amended 7-7-1987 by L.L. No. 13-1987]
ROLL-OFF CONTAINER SERVICE
That service of providing open-top refuse containers of a capacity of 20 cubic yards or greater on a temporary basis for the collection of construction, renovation or demolition materials.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including but not limited to paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials, and the carbon component of energy waste, whether in solid or gaseous form.
[Amended 7-9-2009 by L.L. No. 15-2009, effective 7-20-2009]
SOLID WASTE
All putrescible and nonputrescible materials or substances discarded or rejected as having served their original intended use or as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, including, without limitation, garbage, refuse, litter, rubbish, industrial waste, commercial waste, sludges, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal, but not including solid or dissolved material in domestic sewage or substances and materials in noncontainerized gaseous form. Materials intended for recycling are also solid waste within the meaning of this chapter.
[Amended 7-7-1987 by L.L. No. 13-1987]
SOLID WASTE MANAGEMENT
The purposeful and systematic transportation, storage, recycling, treatment, processing, separation, reduction, recovery or disposal of solid waste.
[Amended 7-7-1987 by L.L. No. 13-1987]
SOLID WASTE MANAGEMENT FACILITY
Any facility for the storage, transportation, recycling, processing, separation, reduction, recovery, treatment or disposal of solid waste, including but not limited to transfer stations, baling facilities, rail haul or barge haul facilities, processing systems, source separation facilities, sanitary landfills, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities.
[Amended 7-7-1987 by L.L. No. 13-1987]
SOURCE SEPARATION
The segregation of usable and recyclable materials from the solid waste stream for separate collection, sale or other disposition.
[Amended 7-7-1987 by L.L. No. 13-1987]
SUPERINTENDENT OF HIGHWAYS
The Superintendent of Highways of the Town of Brookhaven.
[Added 4-16-2002 by L.L. No. 1-2002, effective 4-25-2002]
TOWN
All unincorporated areas within the boundaries of the Town of Brookhaven.
TOWN CLERK
The Town Clerk of the Town of Brookhaven.
TOWN SOLID WASTE MANAGEMENT FACILITY
A solid waste management facility which is owned and/or maintained by the Town of Brookhaven.
[Amended 7-7-1987 by L.L. No. 13-1987]
UNREGISTERED MOTOR VEHICLE
Any motor vehicle not currently registered in the State of New York or in any other competent jurisdiction. Failure to have a current license or registration tags affixed to said vehicle shall be presumptive evidence that such vehicle is not registered.
VEHICLE
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.
The Commissioner or his representative shall have the power to enter, at reasonable times, upon any private property for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this chapter.
[Amended 11-17-1987 by L.L. No. 31-1987; 5-16-1989 by L.L. No. 18-1989, effective 5-22-1989; 11-19-1991 by L.L. No. 8-1991, effective 11-25-1991; 2-22-1996 by L.L. No. 5-1996, effective 3-4-1996; 9-20-2001 by L.L. No. 26-2001, effective 9-24-2001]
A. 
Litter on private property. No person shall cause litter to be thrown or deposited in or upon private property within the Town except in authorized private and commercial receptacles. Persons placing or removing litter in or from authorized private and commercial receptacles shall do so in such manner as to prevent it from being scattered, carried or deposited upon private property.
[Amended 1-19-2012 by L.L. No. 3-2012, effective 1-31-2012]
B. 
Litter on public property. No person shall cause litter to be thrown or deposited in or upon public lands or roadways within the Town except in public receptacles or in public disposal facilities. Persons placing or removing litter in or from public receptacles shall do so in such manner as to prevent it from being scattered, carried or deposited upon any street, sidewalk or other public roadway.
[Added 1-19-2012 by L.L. No. 3-2012, effective 1-31-2012[1]]
[1]
Editor’s Note: This local law also redesignated former Subsections B through J as Subsections C through K, respectively.
C. 
Litter from vehicles. No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public or private property, nor shall any person drive or move any vehicle or truck within the Town, the wheels or tires of which carry onto or deposit upon any street, alley or other public or private property mud, dirt, sticky substances, litter or foreign matter of any kind.
D. 
Duty to keep private property free of litter, and Town's authority to remove. Any person owning, occupying or in control of private property shall maintain such property, including the sidewalk in front thereof, free of litter. In the event that the owner, occupant or person in control of private property located within the Town shall fail to remove litter located on such property, the Town shall have the authority, as provided for herein, to enter upon such property, to remove the litter so located, to assess the cost and expense of such action against the property and to establish a lien in the manner provided hereinbelow.
[Amended 4-16-2002 by L.L. No. 1-2002, effective 4-25-2002]
(1) 
Notice. If the Commissioner shall find that litter exists upon such private property, the Commissioner may make an order, directing notice to be served upon the owner of said property as shown by the records of the Receiver of Taxes of the Town.
(2) 
Contents of notice. The notice shall contain a general description of the property, a statement of the particulars with regard to the littered condition of the property and an order requiring the litter existing on the property to be removed. The notice shall specify a time, not less than 10 days after the service thereof, within which the owner served with such notice must complete the removal of the litter from the property specified in the notice. The notice shall state that, in the event that the littered condition on the property is not eliminated within the time specified in the notice, the Town shall undertake to enter the property, remove the litter and assess the cost of such removal against the property.
(3) 
Service of notice. The notice may be served either personally or by certified mail, addressed to the last known address, if any, of the owner as the same may appear on the records of the Receiver of Taxes of the Town; provided, however, that if such service is made by certified mail, a copy thereof shall also be posed on the property where the litter is located. Service of the notice by mail and posting shall be deemed completed on the day on which both the mailing and the posting will have been accomplished.
(4) 
Failure to comply. Upon failure of the owner of the property to comply with the notice within the time provided therein, the Commissioner or such other official of the Town as may be designated by the Commissioner shall provide such labor and materials as are necessary for clearing the litter from the property and shall cause such work to be performed as will remove the litter from the property.
(5) 
Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the removal of the litter from the property shall be assessed against the land on which said litter was located. An itemization of such costs shall be provided to the Town by the Commissioner. The total costs and expenses shall then be determined by the Town Board and shall be reported to the Assessor of the Town an amount to be leased and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges. That portion of said collected funds which shall represent costs and expenses incurred by any department of the Town with regard to alleviating the littered condition shall be returned to that department's operational budget.
E. 
Duty to keep private property free of brush, grass in excess of 12 inches, or weeds in excess of 12 inches, and Town's authority to remove. Any person owning, occupying or in control of private property which is vacant or upon which an unoccupied building, uninhabited building or vacant building is situated or a foreclosed building is situated shall maintain such property free of brush, grass in excess of 12 inches or weeds in excess of 12 inches. In the event that the owner, occupant or person in control of private property located within the Town shall fail to remove, cut, or trim brush, grass in excess of 12 inches or weeds in excess of 12 inches located on such property, the Town shall have the authority, as provided for herein, to enter upon such property, to remove, cut, or trim brush, grass in excess of 12 inches or weeds in excess of 12 inches so located, to assess the cost and expense of such action against the property and to establish a lien in the manner provided hereinbelow.
[Added 11-10-2009 by L.L. No. 22-2009, effective 11-17-2009]
(1) 
Notice. If the Commissioner shall find that brush, grass in excess of 12 inches, or weeds in excess of 12 inches exist upon such private property, the Commissioner may make an order, directing notice to be served upon the owner of said property as shown by the records of the Receiver of Taxes of the Town.
(2) 
Contents of notice. The notice shall contain a general description of the property, a statement of the particulars with regards to the condition of the property and an order requiring the brush, grass in excess of 12 inches, or weeds in excess of 12 inches existing on the property to be removed, cut or trimmed. The notice shall specify a time, not less than 10 days after the service thereof, within which the owner served with such notice must complete the cutting, trimming or removal of the brush, grass in excess of 12 inches, or weeds in excess of 12 inches from the property specified in the notice. The notice shall state that, in the event that the condition on the property is not eliminated within the time specified in the notice, the Town shall undertake to enter the property, remove, cut or trim the brush, grass in excess of 12 inches, or weeds in excess of 12 inches and assess the cost of such removal, cutting or trimming against the property.
(3) 
Service of notice. The notice may be served either personally or by certified mail, addressed to the last known address, if any, of the owner as the same may appear on the records of the Receiver of Taxes of the Town; provided, however, that if such service is made by certified mail, a copy thereof shall also be posted on the property where the litter is located. Service of the notice by mail and posting shall be deemed completed on the day on which both the mailing and the posting will have been accomplished.
(4) 
Failure to comply. Upon failure of the owner of the property to comply with the notice within the time provided therein, the Commissioner or such other official of the Town as may be designated by the Commissioner shall provide such labor and materials as are necessary for removal, cutting or trimming of the brush, grass in excess of 12 inches, or weeds in excess of 12 inches from the property and shall cause such work to be performed as will cut, remove or trim the brush, grass in excess of 12 inches, or weeds in excess of 12 inches from the property.
(5) 
Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the removal of the brush, grass in excess of 12 inches, or weeds in excess of 12 inches from the property, plus an administrative fee of $500, shall be assessed against the land on which said brush, grass in excess of 12 inches, or weeds in excess of 12 inches was located. An itemization of such costs shall be provided to the Town Board by the Commissioner. The total costs and expenses shall then be determined by the Town Board, plus an administrative fee of $500, and shall be reported to the Assessor of the Town an amount to be liened and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges. That portion of said collected funds which shall represent costs and expenses incurred by any department of the Town with regard to alleviating the condition shall be returned to that department's operational budget.
F. 
Duty to keep frontage of residential property free and clear of abandoned household contents, and Town's authority to remove. Any person owning and/or in control of a residential dwelling which is/was subject to a residential leasehold shall maintain such property frontage, including but not limited to the front yard, and frontage, and/or the contiguous right-of-way, free of abandoned household contents as defined in this chapter. In the event that abandoned household contents as defined in this chapter are located upon or contiguous with the frontage and/or abutting right-of-way of a lot or parcel of land, for a period in excess of 48 hours, the Town is hereby authorized as provided for herein to enter upon such property, if necessary, to remove said abandoned household contents so located, to assess the cost and expense of such undertaking against the property and to establish a lien as herein provided.
[Amended 4-16-2002 by L.L. No. 1-2002, effective 4-25-2002]
(1) 
Inspection and report. Upon notification that abandoned household contents are located on or along a parcel of private property's frontage and/or the right-of-way contiguous thereto, the Town Attorney or Superintendent of Highways may make an inspection thereof and report his/her findings concerning the same to the Town Board.
(2) 
Notice. If the Town Attorney or Superintendent of Highways shall find that abandoned household contents are located on or contiguous with the frontage of such private property, the aforesaid official may make an order, directing notice to be served upon the owner of said property as appears in the records of the Receiver of Taxes of the Town.
(3) 
Contents of notice. The notice shall contain a general description of the property, a statement of the particulars with regard to the violative condition(s) existing at the subject property and an order requiring that the said abandoned household contents existing on or contiguous with the property, and/or its frontage, be removed. The notice shall specify a time, not less than 48 hours after the service thereof, within which the owner served with such notice shall complete the removal of the litter and/or the abandoned household contents from the property or along the frontage or the contiguous right-of-way as specified in the notice. The notice shall further state that, in the event that the cited condition is not eliminated within the time specified in the notice, the Town shall undertake to enter upon the property, if necessary, to remove the litter and/or abandoned household contents, and assess the cost of such removal against the property.
(4) 
Service of notice. The notice may be served either personally or by certified mail, addressed to the last known address, if any, of the owner as the same may appear on the records of the Receiver of Taxes of the Town; provided, however, that if such service is made by certified mail, a copy thereof shall also be posted on the property where the litter and/or abandoned household contents are located. Service of the notice by mail and posting shall be deemed completed on the day on which both the mailing and the posting will have been accomplished.
(5) 
Failure to comply. Upon failure of the owner of the property to comply with the notice within the time provided therein, the Town Attorney or Superintendent of Highways shall provide such labor and materials as are necessary for clearing the litter from the said property and/or the abandoned household contents from said property or its frontage or contiguous right-of-way and shall cause such work to be performed as will remove either the litter and/or the abandoned household contents from the property.
(6) 
Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the removal of the material and/or items, as set forth hereinabove, from the property, shall be assessed against the subject land or lot. An itemization of such costs shall be provided to the Town by the Town Attorney or Superintendent of Highways. The total costs and expenses shall then be determined by the Town Board and shall be reported to the Assessor of the Town as the amount to be liened and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges. That portion of said collected funds representing costs and expenses incurred by any department of the Town with regard to alleviating the violative condition(s) shall be allocated and/or restored to that department's operational budget.
G. 
Removal of litter and/or abandoned household contents. The Town may undertake to remove litter and abandoned household contents in accordance with the following:
(1) 
In the event that the owner, occupant or person in control of private property located within the Town shall fail to remove litter located on such property, the Town shall have the authority, as provided for herein, to enter upon such property, to remove the litter so located, to assess the cost and expense of such action against the property and to establish a lien in the manner provided hereinbelow.
(2) 
In the event that abandoned household contents as defined in this chapter are located upon or contiguous with the frontage and/or abutting right-of-way of a lot or parcel of land, for a period in excess of 48 hours, the Town is hereby authorized as provided for herein to enter upon such property, if necessary, to remove said abandoned household contents so located, to assess the cost and expense of such undertaking against the property and to establish a lien as herein provided.
(3) 
Where enforcement of the prohibitions set forth in this section entails the removal of litter or abandoned household contents by the Town, such removal shall be undertaken in accordance with the following:
(a) 
Inspection and report. Upon notification that litter exists upon certain private property, or abandoned household contents are located on or along a parcel of private property's frontage and/or the right-of-way contiguous thereto, the Commissioner or his/her designee may make an inspection thereof and report his/her findings concerning the same to the Town Board.
(b) 
Notice. If the Commissioner shall find that litter exists upon such private property as aforesaid or abandoned household contents are located on or contiguous with the frontage of such private property, the Commissioner may make an order, directing notice to be served upon the owner of said property as appears in the records of the Receiver of Taxes of the Town.
(c) 
Contents of notice. The notice shall contain a general description of the property, a statement of the particulars with regard to the violative condition(s) existing at the subject property and an order requiring that the said litter and/or abandoned household contents existing on or contiguous with the property, and/or its frontage, be removed. The notice shall specify a time, not less than 10 days after the service thereof, within which the owner served with such notice shall complete the removal of the litter and/or the abandoned household contents from the property or along the frontage or the contiguous right-of-way as specified in the notice. The notice shall further state that, in the event that the cited condition(s) is not eliminated within the time specified in the notice, the Town shall undertake to enter upon the property, if necessary, to remove the litter and/or abandoned household contents, and assess the cost of such removal against the property.
(d) 
Service of notice. The notice may be served either personally or by certified mail, addressed to the last known address, if any, of the owner as the same may appear on the records of the Receiver of Taxes of the Town; provided, however, that if such service is made by certified mail, a copy thereof shall also be posted on the property where the litter and/or abandoned household contents are located. Service of the notice by mail and posting shall be deemed completed on the day on which both the mailing and the posting will have been accomplished.
(e) 
Failure to comply. Upon failure of the owner of the property to comply with the notice within the time provided therein, the Commissioner or such other official of the Town as may be designated by the Commissioner shall provide such labor and materials as are necessary for clearing the litter from the said property and/or the abandoned household contents from said property or its frontage or contiguous right-of-way and shall cause such work to be performed as will remove either the litter and/or the abandoned household contents from the property.
(f) 
Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the removal of the material and/or items, as set forth hereinabove, from the property, shall be assessed against the subject land or lot. An itemization of such costs shall be provided to the Town by the Commissioner. The total costs and expenses shall then be determined by the Town Board and shall be reported to the Assessor of the Town as the amount to be liened and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges. That portion of said collected funds representing costs and expenses incurred by any department of the Town with regard to alleviating the violative condition(s) shall be allocated and/or restored to that department's operational budget.
H. 
Records search fee. The Department of Recycling and Sustainable Materials Management of the Town of Brookhaven may provide research entities, and other third parties, with public information regarding cleanup costs that have been assessed against a property as determined by the Board of the Town of Brookhaven and reported to the Assessor as provided in § 45-4.
[Added 11-23-2010 by L.L. No. 30-2010, effective 12-7-2010; 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
(1) 
An administrative fee set by the Commissioner shall be charged for a search of the records of the Department of Recycling and Sustainable Materials Management in the Town of Brookhaven for violations of § 45-4 and any subsequent assessments levied against a property.
(2) 
An administrative fee shall not apply to the owner of said property as shown by the records of the Receiver of Taxes who has received a notice from the Commissioner regarding a violation or assessment against a property in accordance with § 45-4 within 180 days of the notice of violation or assessment against the property.
I. 
Enclosure of dumpsters. All dumpsters shall be fully enclosed by a stockade fence enclosure of not more than five feet in height.
[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]
J. 
Protection of stormwater recharge areas.
[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]
(1) 
Designation of recharge basins. The Town Board hereby finds that the groundwater recharge basins located within the Town of Brookhaven provide an important function in the hydrogeologic cycle and should be protected. Stormwater recharge basins facilitate the recharge of rainwater in developed areas and are of extreme importance in sole-source aquifer systems such as the Town of Brookhaven. It is the intent of this legislation to strictly prohibit the dumping of litter and/or hazardous wastes within stormwater recharge basins and to provide an efficient means of cleaning up illegally dumped litter and/or hazardous wastes in order to aid in the protection of the groundwater aquifer.
(2) 
Litter and hazardous waste. No person shall cause litter and/or hazardous waste to be thrown or deposited in or upon public or private stormwater runoff recharge basins, whether said recharge basins be privately or publicly owned.
(3) 
Maintenance. The owners of private stormwater recharge basins shall maintain such property free of litter and/or hazardous waste, shall maintain all required fencing in a safe manner, shall maintain all buffers and landscaping and shall otherwise maintain said stormwater runoff recharge basin in such a manner that it shall continue to function as a recharge basin.
(4) 
Posting. The owners of all stormwater runoff recharge basins shall promptly post a notice in such form and design as shall be approved by the Commissioner of the Department of Planning, Environment and Land Management, designating the area as a water recharge protection area, containing a statement of the site's function and importance in groundwater recharge, prohibiting dumping of any litter and/or hazardous waste within the area or around its perimeter, stating the penalties imposed for dumping.
[Amended 9-7-2004 by L.L. No. 22-2004, effective 11-1-2004]
(5) 
Penalties. Notwithstanding the penalty provision contained in § 45-12 of the Brookhaven Town Code, any person or corporation violating any of the provisions of this subsection pertaining to throwing or depositing litter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $2,000 or be imprisoned for a period not to exceed 15 days, or be both so fined and imprisoned. Any person or corporation violating any of the provisions of this subsection pertaining to hazardous wastes shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $10,000 or be imprisoned for a period not to exceed 15 days, or be both so fined and imprisoned. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. In addition, any person or corporation violating any of the provisions of this subsection shall be liable for a civil penalty for a sum equal to twice the actual costs incurred by reason of the Town of Brookhaven causing the cleanup of said litter and/or hazardous waste.
(6) 
Cleanup of litter and hazardous waste. For purposes of ensuring the prompt cleanup of litter and/or hazardous waste which may threaten stormwater recharge areas, the Commissioner of the Department of Recycling and Sustainable Materials Management may proceed in the same manner as the Chief Building Inspector is authorized to proceed under Article III of Chapter 73 of the Code of the Town of Brookhaven to render the site safe and free of litter and/or hazardous waste.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
K. 
Dumping prohibited. It shall be unlawful for any person, his or her agent, employee or any person under his or her control to suffer or permit any garbage, hazardous waste, liquid waste, litter, rubbish, solid waste, construction or demolition debris, whether processed or not or debris of any sort or any other organic or inorganic material or other offensive matter being transported in a dump truck or other vehicle to be dumped, deposited or otherwise disposed of in or upon any street, lot, park, public place or other area whether publicly or privately owned, except for the disposing of solid waste at a public disposal facility or a private disposal facility permitted and licensed by the Town of Brookhaven and when in accordance with the rules and regulations governing the use of said public or private disposal facility. Causing a quantity of litter, measuring less than 10 square feet in area, to be placed or thrown upon the ground shall not be deemed dumping.
[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]
A. 
Distribution on public property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public property within the Town, nor shall any person hand out or distribute or sell any commercial handbill in or on any public property; however, it shall be lawful for any person to hand out or distribute a noncommercial handbill on public property, provided that there is no charge to the recipient thereof and that the recipient is willing to accept the handbill.
[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]
B. 
Distribution to vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful on any public property for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
C. 
Distribution on uninhabited or vacant private property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private property which is temporarily or continuously unoccupied or vacant.
D. 
Distribution on inhabited private property. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private property within the Town unless the person distributing such handbill obtains the written consent of the person owning or occupying the property. However, this prohibition shall not apply to the distribution of advertising materials through the mail nor to newspapers nor to the distribution of advertising material by any charitable organization and/or for nonprofit organizations, except that these newspapers and all such advertising materials shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public property or upon private property.
[Amended 9-20-1988 by L.L. No. 20-1988; 9-1-1992 by L.L. No. 11-1992, effective 9-8-1992]
An owner of private property, lessee, tenant or occupant of property situated within the Town may store not more than one unregistered motor vehicle which, if registered, could be registered as a motor vehicle, provided that said motor vehicle is stored in a suitably enclosed location inside a building or behind a fence which suitably screens such unregistered motor vehicle from view, or said motor vehicle may be stored in the rear yard or in the driveway of said property, provided that said vehicle is at all times covered with a completely opaque fabric car covering. The car covering shall be kept in good repair and shall cover the entire car at all times, extending to the lower edge of the bumpers or to the lower edge of the fenders if said motor vehicle is not equipped with bumpers.
[Amended 11-21-1989 by L.L. No. 29-1989, effective 11-27-1989; 8-5-1997 by L.L. No. 12-1997, effective 8-7-1997; 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002; 8-23-2005 by L.L. No. 22-2005, effective 8-29-2005]
A. 
Solid waste collection; permit required.
(1) 
Restrictions. It shall be unlawful for any person to engage in the business of collecting solid waste of any kind in the Town or of transporting the same through or upon any street within the Town without first having procured an annual permit as hereinafter provided.
[Added 8-23-2005 by L.L. No. 22-2005, effective 8-29-2005]
Permits shall be issued by the Commissioner to qualified applicants and shall expire on the 31st day of December each year. The following requirements shall apply to persons engaged in collecting and transporting solid wastes from residential and commercial establishments and those persons engaged in the business of providing roll-off container service.
A. 
Identification. Applicants shall file the items set forth herein with said application, unless specifically waived by the Commissioner of Recycling and Sustainable Materials Management upon a showing of facts, which, in the discretion of the Commissioner of Recycling and Sustainable Materials Management, warrant the waiving of said requirements.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
B. 
Fingerprints.
(1) 
Upon receipt of a sworn application for a permit, a copy thereof and a fingerprint card taken in duplicate shall be referred to the Commissioner of the Department of Public Safety or his designee for appropriate fingerprinting of said applicant, and a copy of such completed fingerprint card shall thereafter be forwarded by the same to the New York State Division of Criminal Justice Services for a full search.
(2) 
The application shall be accompanied by an appropriate fee, the amount and payment instrument to be determined by the Commissioner of Public Safety or his designee, pursuant to the requirements of, and payable to, the New York State Division of Criminal Justice Services, which amount shall be in addition to the permit fees stated herein, for such investigation of the applicant as is deemed necessary or advisable for the protection of the public good and welfare.
(3) 
The New York State Division of Criminal Justice Services shall return such criminal history record information as may exist in its files or a statement that no such relevant information exists, such record to be filed with the Commissioner of Public Safety or his designee.
(4) 
Upon its return by the New York State Division of Criminal Justice Services to the Commissioner of Public Safety or his designee, if the application is approved by the Commissioner or his designee and upon payment of the prescribed permit fee, the Commissioner of Recycling and Sustainable Materials Management shall prepare and deliver to the applicant therefor the permit required by this chapter.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
(5) 
New fingerprints for each renewal period may be waived by the Commissioner of Recycling and Sustainable Materials Management, unless the license issued under the provisions of this chapter has lapsed for a period of time in excess of one year.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
C. 
Photographs.
(1) 
Two identical photographs of the applicant shall be submitted, taken no longer than 60 days prior to submission of the application; and
(2) 
Said photographs shall be up to but not to exceed two inches by two inches in size, showing both the head and shoulders of the applicant.
(3) 
Digital photos may be taken at the time of application by the Department of Public Safety.
D. 
Examinations. At the discretion of the Commissioner of Public Safety or his designee, before the issuance of a permit, the Commissioner or his designee may require the applicant, and any others having knowledge of any facts, to submit to an examination, under oath, and to produce evidence relating thereto.
E. 
Modification. Any change in circumstance with regard to the information required hereinabove shall be reported in writing to the Commissioner within 30 days of occurrence.
F. 
New applicants for a permit must possess a qualified route, which must consist of the following:
(1) 
Three hundred houses within the Town;
(2) 
Fifty commercial stops within the Town; or
(3) 
Three thousand dollars worth of business per month in the Town.
G. 
The applicant must answer all questions on the permit application, sign the application, have said signature acknowledged by a notary public and provide any other information required by any applicable law or ordinance or deemed necessary by the Commissioner to determine the fitness of the applicant.
H. 
The applicant must complete any and all forms requiring the applicant to indicate thereon his entire collection route within the Town, including all residential dwellings and commercial businesses serviced and the days of service.
I. 
Any vehicular tag issued with a permit shall be affixed by the permittee to all vehicles designated in the permit application and in such manner as directed by the Commissioner.
[Added 8-23-2005 by L.L. No. 22-2005, effective 8-29-2005]
For each vehicle to be used by the permittee for the collection of solid waste, the following fees shall be due the Town upon issuance or renewal of the permit:
A. 
The fee for the first vehicle shall be $500.
B. 
The fee for all additional vehicles shall be $250 for each vehicle.
[Added 8-23-2005 by L.L. No. 22-2005, effective 8-29-2005]
A. 
Vehicle requirements. Every vehicle used for the collection of solid waste within the Town shall:
(1) 
Have an enclosed body or suitable provisions for covering the body.
(2) 
Have a watertight body.
(3) 
Be kept clean, sanitary and in good working order.
(4) 
Have the permittee's name plainly displayed on each side of the vehicle in letters at least four inches high.
(5) 
Have both the vehicle's unladen vehicle weight in pounds and its capacity in cubic yards displayed on the driver's side.
B. 
Roll-off container service for demolition and construction material.
(1) 
It shall be unlawful for any person to engage in the business of collecting or transporting construction or demolition materials within the Town in open roll-off containers without first having procured either a permit to transport solid waste in the Town of Brookhaven or a roll-off container permit.
(2) 
All applicants for a roll-off container permit shall comply with all requirements for obtaining a permit to transport solid waste in the Town of Brookhaven, except for those requirements stipulated in §§ 45-7.1F, 45-7.1H and 45-7.3.
(3) 
Any person who has obtained a roll-off container permit without having also obtained a permit to transport solid waste in the Town of Brookhaven shall not collect within the Town any solid waste other than construction and demolition debris and shall not transport such debris other than within roll-off containers.
(4) 
All roll-off containers used within the Town shall be in suitable condition so as to prevent the scattering or deposit of their contents during collection and transportation. Each container and each vehicle used to transport the container shall bear the name of the permittee on each side of the vehicle and container in letters at least four inches in height. In addition, each container shall bear the capacity of the container in cubic yards.
C. 
Inspections. The Commissioner or his representative may make inspections of the contents of solid waste collection vehicles and roll-off containers whenever he deems it necessary to do so.
D. 
Authorized commercial receptacles. All permittees shall display their names on all authorized commercial receptacles used by them for the collection of solid waste within the Town.
[Added 8-23-2005 by L.L. No. 22-2005, effective 8-29-2005]
A. 
The Commissioner, in addition to the grounds set forth in this chapter or any other law or ordinance, after notice and hearing, may suspend and/or revoke a permit issued under the provisions of this chapter where one or more of the following grounds are found to exist:
(1) 
The applicant has not been found to be fit, willing and able to properly perform the service proposed and the applicant is unable to provide sufficient and suitable equipment to meet the requirements of the business.
(2) 
Issuance of the permit is deemed not to be in the best interests of the Town or its residents after an investigation by the Commissioner of Public Safety or his designee into the applicant's business and moral character, which may include a police record check.
(3) 
The permittee has failed and refused, without reasonable cause, to collect and dispose of solid waste, except in a situation where a contract between the permittee and his customer has been lawfully terminated.
(4) 
The applicant or permittee has failed to account for or pay, without reasonable cause, any fees or bills due to the Town.
(5) 
The permittee has failed to reasonably fulfill his obligations to a customer as a commercial refuse collector.
(6) 
The applicant or permittee is insolvent or has made a general assignment for the benefit of creditors or has been adjudged bankrupt or a money judgment has been secured against him upon which an execution has been returned wholly or partly unsatisfied.
(7) 
The applicant or permittee has failed to keep and maintain any records required by the Town or has refused to allow the inspection thereof.
(8) 
The applicant or permittee has violated any of the provisions of this chapter or has failed to comply with any of the requirements stipulated herein.
(9) 
The applicant or permittee has ceased to operate as a commercial solid (or liquid waste) collector, for which a permit was previously issued.
(10) 
The applicant or permittee has made a false statement in his permit application.
(11) 
The applicant or permittee has been found, after investigation by the Commissioner, to have collected waste from outside the Town and to have disposed of the same in a Town disposal facility without permission therefor from the Commissioner or Town Board.
(12) 
The circumstances of the permittee have been altered to the extent that the permittee would not be qualified to obtain a permit if the circumstances as altered existed at the time the permittee had applied for the permit. Failure of the permittee to notify the Commissioner, in writing, of such an alteration in circumstances shall likewise constitute grounds for revocation or refusal to recommend.
(13) 
The permittee has been found, after investigation by the Commissioner, to have disposed of liquid waste upon the surface of the ground within the Town or within the waterways of the Town or in a disposal facility not approved for such use by the New York State Department of Environmental Conservation.
(14) 
The permittee has been found, after investigation by the Commissioner, to have violated any of the posted rules pertaining to safe operation of the Town-owned and/or maintained public disposal facilities.
B. 
Notice of the hearing for the suspension and/or revocation of a permit must be given in writing, expressly setting forth the grounds of the complaint and the time and place of the hearing. Such notice shall be executed by the Commissioner and shall be mailed to the permittee at the address supplied to the Commissioner during the application process at least five business days prior to the hearing date.
C. 
Hearings shall be held before a designee of the Commissioner and a record of the proceeding must be made. Said hearing shall be conducted in a manner in which the accused permittee is afforded an opportunity to be heard. Thereafter, and within 21 business days of the conclusion of the hearing, the Commissioner shall mail a written decision to the accused holder that includes the determination of the Commissioner's designee.
D. 
Upon revocation of any permit under this chapter, no refund of any portion of the permit fee paid pursuant to § 45-7.2 shall be made to the permittee and permittee shall immediately return any vehicular tag issued with the permit and shall immediately cease any and all business activity formerly authorized by the permit.
E. 
The Commissioner, in addition to the grounds set forth in this chapter or any other law or ordinance, may refuse to issue a permit where one or more of the grounds listed in § 45-7.4 are found to exist.
F. 
The refusal, revocation, and/or suspension of a permit issued under the provision of this chapter shall be subject to review by any court of competent jurisdiction.
[Added 4-28-2009 by L.L. No. 9-2009, effective 5-7-2009]
A. 
Any point of any roll-off container or dumpster shall not be located upon public roads, within six feet from public roads, upon rights-of-ways or upon sidewalks at any time.
B. 
Responsible parties. Upon discovery of a roll-off container or dumpster in violation of § 45-7.5, the following parties may be held responsible for the violation:
(1) 
Any person or entity causing, ordering, placing, requesting or directing the subject roll-off container or dumpster to be placed upon the public road; or
(2) 
Any persons or entity using, maintaining, owning, leasing, renting, or in control of the subject roll-off container or dumpster.
C. 
Presumptions.
(1) 
Any person or entity identified in any manner by markings on the subject roll-off container or dumpster in violation of § 45-7.5 shall be presumed to be responsible for its placement; and
(2) 
Any person or entity having a valid permit on file with the Town of Brookhaven Department of Department of Recycling and Sustainable Materials Management for the subject roll-off container or dumpster at the time of any alleged violation of § 45-7.5 shall be presumed responsible for its placement; and
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
(3) 
The owner or occupant of any real property adjacent to the subject roll-off container or dumpster in violation of § 45-7.5 shall be presumed responsible for its placement.
(4) 
The above stated presumptions shall be rebuttable.
[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]
It shall be the duty of each permittee authorized to collect solid waste pursuant to § 45-7A to effect the collection of solid waste on the days and at the places as specified on the permit application. In the event that the permittee fails to effect said collections for a period of 48 hours after the due date of said collection, exclusive of Saturdays, Sundays or holidays, the Town shall have the right to provide for substitute collection. The imposition of substituted collection shall be subject to the following:
A. 
The Town shall give to the permittee written notice by certified mail of his failure to collect and of the Town's intention to invoke substituted collection. The Town shall take no action until 24 hours after said notice has been mailed to the permittee.
B. 
In the event that the failure to effect collections is caused by a strike, an act of God or a state of emergency, the penalties imposed by virtue of substituted collection shall not be applicable.
C. 
The fee to be charged against the deposit of the permittee shall be $75 for every hour of labor required to effect substituted collection, with a required minimum of four hours of labor.
D. 
A permittee appointed by the Town to make substituted collection shall be paid only upon receipt by the Town of a voucher submitted by the substituted permittee and of written verification thereof to be issued by the Department of Recycling and Sustainable Materials Management of the Town of Brookhaven.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
E. 
The Town Attorney is hereby authorized to recover any costs incurred by the Town as a result of effecting substituted collection, by commencement of an action in the appropriate court against the permittee, property owner or such other responsible person as may be appropriate.
[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]
It shall be unlawful for any person engaged in the business of collecting solid or liquid waste within the Town of Brookhaven to make such collection before 6:00 a.m. or after 10:00 p.m. of any day.
[Amended 7-7-1987 by L.L. No. 13-1987; 11-21-1989 by L.L. No. 29-1989, effective 11-27-1989; 11-19-1991 by L.L. No. 8-1991, effective 11-25-1991; 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]
A. 
Disposal facility fees, failure to pay. The Commissioner or his representative is hereby empowered to collect fees for the use of all public disposal facilities. The amount of the fees and the manner of their collection is to be determined by resolution of the Town Board of the Town of Brookhaven. All persons disposing of solid waste at a public disposal facility shall pay the fee therefor, unless said fee is waived by the Commissioner or the Town Board. The failure or refusal to pay disposal facility fees unless said fees have been waived as set forth herein, shall constitute a violation of this chapter. A person to whom a permit has been issued pursuant to § 45-7 of this chapter and who disposes of solid waste at a public disposal facility may deposit with the Department of Recycling and Sustainable Materials Management a surety bond or other guarantee of payment in a form and amount satisfactory to the Commissioner.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
B. 
Any person who shall dispose of any liquid or solid waste in any public disposal facility shall do so only during the times designated by the Commissioner, in a manner directed by the Commissioner or his representative and in compliance with any and all rules and regulations established by the Commissioner for the safe operation of such facility.
C. 
Discretion of Commissioner. Notwithstanding any other provision of this chapter, the Commissioner may refuse to permit the disposal of waste products at a disposal area, the disposal of which he determined may endanger the environment, property or the health and welfare of the general public. The Commissioner may also designate which public disposal facility is to be used for the disposal of certain categories of waste product. No person shall make use of any public disposal facility in contravention of such refusal or designation of the Commissioner.
D. 
Hazardous waste prohibited. No person shall dispose of any hazardous waste at or on any public disposal facility.
E. 
Foreign materials prohibited. It shall be unlawful to dispose of, deposit, dump or store solid or liquid waste generated or collected from outside the Town in any public disposal facility unless specifically authorized, in writing, by the Commissioner. Disposal, depositing, dumping or storing of solid or liquid waste pursuant to such authorization shall be performed subject to such conditions and safeguards as the Commissioner may deem appropriate.
F. 
Private disposal areas prohibited. No person shall establish or maintain a privately owned solid or liquid waste disposal area or facility within the Town except when authorized by special permit from the Town Board subsequent to a public hearing, subject to any applicable provisions of Chapter 85, Zoning, of the Code of the Town of Brookhaven and to such other conditions and safeguards as the Town Board may deem appropriate.
G. 
It shall be unlawful to transport, carry or convey solid waste collected from outside of the Town or a hazardous waste into or within a Town solid waste management facility except pursuant to the express prior written authorization of the Commissioner.
H. 
Only residents of the Town and persons holding permits issued by the Commissioner shall be permitted to bring or send solid wastes to the Town solid waste management facilities. Nothing herein contained shall prohibit schools, religious organizations or similar institutions located within the Town which are tax-exempt from bringing or sending solid wastes to the Town solid waste management facilities, provided that the institutions enumerated herein possess Suffolk County Department of Health Services approval for any vehicle used to transport solid waste. All persons in the business of collecting and disposing of solid waste or who are collecting and disposing of solid waste for hire or profit must secure the proper permits from the Commissioner and the Suffolk County Department of Health Services to be entitled to bring or send solid waste to a Town solid waste management disposal facility.
I. 
No government entity shall bring or send solid waste to any Town solid waste management facility without approval of the Town Board upon such terms as the Town Board shall deem appropriate.
[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]
The Town Board is hereby empowered to establish a Sanitary Advisory Committee and to appoint members and assign duties thereto.
[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002; 4-16-2009 by L.L. No. 7-2009, effective 4-27-2009]
A. 
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $2,000 or be imprisoned for a period not to exceed 15 days, or be both so fined and imprisoned. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
B. 
Any corporation violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $2,000. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
C. 
Any person violating any provisions of § 45-4B shall be punished as follows: upon a first conviction by a fine of $250 to $2,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $1,000 to $3,000 or by a maximum period of imprisonment not to exceed six months, or by both such fine and imprisonment. For purposes of this subsection, a second violation or subsequent offense shall be prosecuted as a Class B misdemeanor. Each week's continued violation shall constitute a separate additional violation.
[Added 1-19-2012 by L.L. No. 3-2012, effective 1-31-2012[1]]
[1]
Editor’s Note: This local law also redesignated former Subsections C and D as Subsections D and E, respectively.
D. 
Any person violating any provisions of § 45-4H shall be punished as follows: upon a first conviction by a fine of $500 to $2,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $1,000 to $3,000 or by a maximum period of imprisonment not to exceed six months, or by both such fine and imprisonment. For purposes of this subsection, a second violation or subsequent offense shall be prosecuted as a Class B misdemeanor. Each week's continued violation shall constitute a separate additional violation.
E. 
Any defendant convicted of violating § 45-7.5 shall be guilty of a violation and be fined not less than $1,000 nor more than $5,000, or be imprisoned for a period not to exceed 15 days, or both.[2]
[Added 4-28-2009 by L.L. No. 9-2009, effective 5-7-2009]
[2]
Editor's Note: Former § 45-13, Search and seizure of evidence, as amended, which immediately followed this subsection, was repealed 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002.
F. 
In addition to the penalties authorized in this section, the Town Attorney is authorized to ask the court for restitution and reparation in accordance with Penal Law § 60.27.
[Added 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]