[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
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.
ABANDONED HOUSEHOLD CONTENTS
AUTHORIZED COMMERCIAL RECEPTACLE
AUTHORIZED PRIVATE RECEPTACLE
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
COMMISSIONER
DERELICT NAUTICAL VESSEL
DUMPSTER
EXPLOSIVES
FRONTAGE
GARBAGE
HAZARDOUS WASTE
(1)
(a)
(b)
(2)
JUNK MOTOR VEHICLE
(1)
(2)
(3)
(4)
JUNK NON-MOTOR VEHICLE
LIQUID WASTE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PERSON
PRIVATE PROPERTY
PUBLIC DISPOSAL FACILITY
PUBLIC PROPERTY
PUBLIC RECEPTACLE
RESOURCE RECOVERY
ROLL-OFF CONTAINER SERVICE
RUBBISH
SOLID WASTE
SOLID WASTE MANAGEMENT
SOLID WASTE MANAGEMENT FACILITY
SOURCE SEPARATION
SUPERINTENDENT OF HIGHWAYS
TOWN
TOWN CLERK
TOWN SOLID WASTE MANAGEMENT FACILITY
UNREGISTERED MOTOR VEHICLE
VEHICLE
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
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]
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.
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]
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:
Advertises for the sale of any merchandise,
produce, commodity or thing;
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;
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
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.
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]
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]
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]
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.
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]
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]:
A solid waste or a combination of solid wastes
which, because of its quantity, concentration or physical, chemical
or infectious characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in serious, irreversible or incapacitating
reversible illness; or
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed.
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
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]
Dismantled (in whole or in part);
In a rusted or wrecked condition;
In such condition or state of disrepair that such vehicle cannot
be registered immediately without extensive repair;
In such condition or state of disrepair where the repair exceeds
the book value of the 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]
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.
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]
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.
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.
Any person, firm, partnership, association, private or municipal
corporation, company or organization of any kind.
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.
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]
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.
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.
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]
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.
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]
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]
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]
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]
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]
The Superintendent of Highways of the Town of Brookhaven.
[Added 4-16-2002 by L.L. No. 1-2002,
effective 4-25-2002]
All unincorporated areas within the boundaries of the Town
of Brookhaven.
The Town Clerk of the Town of Brookhaven.
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]
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.
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.
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; 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018]
(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 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 cleaning
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
as 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 littered condition shall be returned
to that department's operational budget.
E.
Duty to
keep private property free of brush, grass, weeds, fire hazards and
health hazards, and Town's authority to remove.
[Added 11-10-2009 by L.L. No. 22-2009, effective 11-17-2009; amended 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018]
(1)
Any person owning, occupying or in control of private property shall
cut, trim or remove brush, grass or weeds, and eliminate fire hazards
and health hazards, upon said property.
(2)
In the event that the owner, occupant or person in control of property
which is vacant or upon which an unoccupied building, uninhabited
building, vacant building or a foreclosed building is situated shall
fail to cut, trim or remove brush, grass or weeds, or fail to eliminate
fire hazards and health hazards from said property, the Town shall
have the authority, as provided for herein, to enter upon such property
to cut, trim or remove said brush, grass or weeds, and to eliminate
health and fire hazards. The cost and expense of such action shall
be assessed against the property and a lien established in the manner
provided hereinbelow.
(a)
Notice. If the Commissioner shall find brush, grass or weeds,
or fire hazards and health hazards, upon property which is vacant
or upon which an unoccupied building, uninhabited building, vacant
building, abandoned building or a foreclosed building is situated,
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.
(b)
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 cutting, trimming
or removal of brush, grass or weeds, and elimination of fire hazards
and health hazards. 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 brush,
grass or weeds, and elimination of fire hazards and health hazards
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 to cut, trim or remove brush, grass or weeds,
and eliminate fire hazards and health hazards, and assess the cost
of same against the property.
(c)
Service of notice. The notice may be served either personally
or by regular and 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 brush, grass or weeds, and fire hazards and
health hazards, 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.
(d)
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 cutting,
trimming or removal of brush, grass or weeds, and elimination of fire
hazards and health hazards, and shall cause such work to be performed
as will cut, trim or remove brush, grass or weeds, and eliminate fire
hazards and health hazards from the property.
(e)
Assessment of costs and expenses. All costs and expenses incurred
by the Town in connection with the cutting, trimming or removal of
brush, grass or weeds and elimination of fire hazards and health hazards
from the property, plus an administrative fee of $500, shall be assessed
against the land on which said brush, grass or weeds, and fire hazards
and health hazards, were 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 as
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.
[2]Duty to keep private property free of junk motor vehicles,
junk non-motor vehicles and derelict nautical vessels, and Town's
authority to remove. Any person owning, occupying or in control of
private property that is residentially zoned shall maintain such property,
including the sidewalk in front thereof, free of junk motor vehicles,
junk non-motor vehicles and derelict nautical vessels. In the event
that the owner, occupant or person in control of private property
located within the Town shall fail to remove a junk motor vehicle,
junk non-motor vehicles or derelict nautical vessel located on such
property, the Town shall have the authority, as provided for herein,
to enter upon such property, to remove the condition 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 4-20-2023 by L.L.
No. 5-2023, effective 5-4-2023]
(1)
Notice. If the Commissioner shall find that a junk motor vehicle,
junk non-motor vehicle or derelict nautical vessel 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
presence of a junk motor vehicle, junk non-motor vehicle or derelict
nautical vessel on the property and an order requiring the said condition
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
junk motor vehicle, junk non-motor vehicle or derelict nautical vessel
from the property specified in the notice. The notice shall state
that, in the event that the said 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 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 removing
the junk motor vehicle, junk non-motor vehicle or derelict nautical
vessel from the property and shall cause such work to be performed
as will remove the said condition from the property.
(5)
Assessment of costs and expenses. All costs and expenses incurred
by the Town in connection with the removal of a junk motor vehicle,
junk non-motor vehicle or derelict nautical vessel from the property
shall be assessed against the land on which said condition 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
as 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 said condition shall be returned to
that department's operational budget.
[2]
Editor's Note: Former Subsection G, Removal of litter
and/or abandoned household contents, was repealed 8-2-2018 by L.L.
No. 18-2018, effective 8-20-2018.
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 an enclosure of not more than eight feet in height and in conformance with Chapter 85 of the Town Code of the Town of Brookhaven.
[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002; 8-2-2018 by L.L. No.
18-2018, effective 8-20-2018]
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]
(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.
[Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002; 10-20-2022 by L.L.
No. 13-2022, effective 10-27-2022; 3-30-2023 by L.L. No. 3-2023, effective 4-13-2023]
(1)
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.
(2)
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 within the Pine Barrens Compatible Growth Area
and/or Core Preservation 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.
(3)
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 within any designated wetlands, as defined in Chapter 81 of the Town Code, 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.
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.
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; amended 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018]
For each vehicle to be used by the permittee for the collection
of solid waste, a fee as established by Town Board Resolution shall
be due the Town upon issuance or renewal of the permit.
[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.
(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:
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 as established by Town Board resolution.
[Amended 12-19-2019 by L.L. No. 27-2019, effective 12-31-2019]
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 $1,000 to $5,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $2,000 to $10,000 or by a maximum period of imprisonment not less than 15 days nor more than 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 misdemeanor. Each day's continued violation shall constitute a separate additional violation.
[Added 1-19-2012 by L.L. No. 3-2012, effective 1-31-2012[1]; amended 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018; 6-27-2019 by L.L. No.
15-2019; 7-18-2019 by L.L. No. 19-2019]
D.
Any person violating any provisions of' § 45-4J, except 45-4J(2), 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 less than 15 days nor more than 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 misdemeanor. Each week's continued violation shall constitute a separate additional violation.
[Amended 8-2-2018 by L.L.
No. 18-2018, effective 8-20-2018]
E.
Any person or corporation violating any of the provisions of § 45-4J(2) 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 less than 15 days nor more than 30 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.[2]
[Added 4-28-2009 by L.L. No. 9-2009,
effective 5-7-2009; amended 8-2-2018 by L.L. No.
18-2018, effective 8-20-2018]
[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.
Any person violating any provisions of § 45-4K(1) and/or § 45-4K(2) shall be punished as follows: upon a first conviction by a fine of $2,000 to $10,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $4,000 to $20,000 or by a maximum period of imprisonment not less than 15 days nor more than 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 misdemeanor. Each day's continued violation shall constitute a separate additional violation.
[Added 10-20-2022 by L.L.
No. 13-2022, effective 10-27-2022[3]]
[3]
Editor's Note: This local law also redesignated former Subsection
F as Subsection G.
G.
Violation of § 45-4K(3).
[Added 6-29-2017 by L.L.
No. 16-2017, effective 7-13-2017; amended 3-30-2023 by L.L. No. 3-2023, effective 4-13-2023]
(1)
Any person violating any provisions of § 45-4K(3) shall be punished as follows: upon a first conviction by a fine of $5,000 to $10,000 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment; upon a second or subsequent conviction, by a fine of $10,000 to $20,000 or by a maximum period of imprisonment not less than 15 days nor more than 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 misdemeanor. Each day's continued violation shall constitute a separate additional violation.
(2)
In addition to the penalties authorized in this section, the Town
Attorney is authorized to seek restitution and reparation in accordance
with Penal Law § 60.27.
