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 32 gallons
in capacity or 50 pounds in weight. Plastic bags that are heavy enough
to contain garbage without breaking or not easily torn open by scavengers
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.
[Amended 8-2-2018 by L.L.
No. 18-2018, effective 8-20-2018]
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]
DERELICT NAUTICAL VESSEL
Any boat, boat barge, nautical vessel, personal watercraft
or other floating structure left, stored or abandoned in a wrecked,
junked, or otherwise nonoperable condition.
[Added 4-20-2023 by L.L.
No. 5-2023, effective 5-4-2023]
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.
HAZARDOUS WASTE
[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
JUNK MOTOR VEHICLE
Any motor vehicle designed to move from place to place on
wheels, propelled by its own power or otherwise drawn or propelled
which exhibits one or more of the following characteristics:
[Added 4-20-2023 by L.L.
No. 5-2023, effective 5-4-2023]
(1)
Dismantled (in whole or in part);
(2)
In a rusted or wrecked condition;
(3)
In such condition or state of disrepair that such vehicle cannot
be registered immediately without extensive repair;
(4)
In such condition or state of disrepair where the repair exceeds
the book value of the motor vehicle.
JUNK NON-MOTOR VEHICLE
Any camper, trailer or other vehicle, that is without independent
motive power and must be towed by a motor vehicle in order to move
from place to place, which is dismantled (in whole or part), in a
rusted or wrecked condition and/or in such a condition or state of
disrepair that the vehicle cannot be registered immediately without
extensive repair.
[Added 4-20-2023 by L.L.
No. 5-2023, effective 5-4-2023]
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 but shall not be used for the deposit of accumulated
litter, rubbish, liquid waste, solid waste or garbage generated from
a residential dwelling or commercial enterprise.
[Amended 4-4-2024 by L.L. No. 8-2024, effective 4-11-2024]
PUBLIC RECYCLING RECEPTACLE
A disposal, storage and/or collection container, including
a dumpster which is owned and/or maintained by the Town and which
has been placed on Town property and is designated as being for the
use of the general public, for the exclusive and/or sole use for the
collection of specified recyclable material(s).
[Added 4-4-2024 by L.L. No. 8-2024, effective 4-11-2024]
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 DUMPSTER
A dumpster owned and/or maintained by the Town of Brookhaven
to be utilized in relation to waste disposal associated with town
operations and/or a Town facility and is not intended for use by the
general public.
[Added 4-4-2024 by L.L. No. 8-2024, effective 4-11-2024]
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.