[HISTORY: Adopted by the Board of Trustees of the Village of Freeport 5-14-1979 by L.L. No. 3-1979. Amendments noted where applicable.]
Licensing of businesses — See Ch. 138.
Plumbing — See Ch. 162.
Water — See Ch. 201.
Zoning — See Ch. 210.
Editor's Note: This local law also repealed former Ch. 176, Sewers and Sewage, adopted 5-9-1966 as Ch. 20 of the 1966 Code, as amended.
Definitions. As used in these regulations, unless a different meaning clearly appears in the context, the following terms shall have the meanings indicated:
- BOD (denoting biochemical oxygen demand)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter as determined by the procedure described in Standard Methods.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer which begins five feet outside the inner face of the building wall.
- BUILDING LATERAL
- The connection from a trunk sewer system of the Village to the street or curbline of the premises affected.
- BUILDING SEWER
- The extension from the building drain to the building lateral or other place of disposal.
- The Board of Sewer and Sanitation Commissioners of the Village of Freeport or its authorized deputy, agent or representative.
- A combination of individual, or continuously taken, samples obtained at regular intervals over the entire discharge day. The volume of each sample shall be proportional to the discharge flow rate. For a continuous discharge, a minimum of 24 individual grab samples, at hourly intervals, shall be collected and combined to constitute a twenty-four-hour "composite" sample. For intermittent discharges of four to eight hours' duration, grab samples shall be taken at a minimum of thirty-minute intervals. For intermittent discharges of less than four hours' duration, grab samples shall be taken at a minimum of fifteen-minute intervals.
- The County of Nassau.
- Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
- An individual sample collected in less than 15 minutes.
- INDUSTRIAL WASTES
- Any liquid, gaseous, solid or other waste substance, or a combination thereof, resulting from any process of industry, manufacture, trade or business or from the development or recovery of any natural resources, as distinct from sewage.
- MAJOR CONTRIBUTING INDUSTRY
- An industrial user of the Village wastewater facilities that has a flow of 50,000 gallons or more per average work day, has in its wastewater a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Federal Water Pollution Control Act Amendments of 1972 and is found by the permit issuance authority in connection with the issuance of a National Pollutant Discharge Elimination System (NPDES) permit to a water pollution control plant receiving the waste to have significant impact either singly or in combination with other contributing industries on that water pollution control plant or upon the quality of the effluent from that plant.
- MILLIGRAMS PER LITER (mg/l)
- A weight to volume ratio which, when multiplied by the factor 8.34, shall be equivalent to pounds per million gallons of water, parts per million (ppm).
- NATURAL OUTLET
- Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface or ground water.
- (1) Garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs, grit, abrasives, metal filings, trimmings or any liquid or vapor having a temperature higher than 150° F.
- (2) Any chemicals or chemical compounds of the following nature or characteristics or having similarly objectionable characteristics: alcohols; arsenic and arsenicals; creosols; formaldehydes; iodine; manganese; cyanide and other metal plating wastes; mercury and mercurials; phenols and their derivatives; silver and silver compounds; sulfonamides; toxic dyes (organic or mineral); zinc; all strong oxidizing agents such as chromates, dichromates, permanganates, peroxide and the like; greases and oils; compounds producing hydrogen sulfide, chlorinated hydrocarbons or any other toxic material; flammable or explosive gases, either upon acidification, alkalization, oxidation or reduction; strong reducing agents, such as nitrites, sulfides, sulfites and the like; nonpesticide organics or carcinogenic or other potentially harmful materials; flammable or explosive liquids or solids; or radioactive materials.
- (3) Any matter which contains viable pathogenic bacteria in quantities larger than normally encountered in raw domestic sewage or any matter which can reasonably be expected to contain such viable pathogenic bacteria in such quantities.
- (4) Industrial wastes containing solids in solution which will precipitate greater than 1,000 parts per million upon acidification (pH below 5.5), or alkalization (pH above 9.5), or oxidation or reduction.
- (5) Industrial wastes having a viscosity exceeding 1.10 poises (absolute viscosity) upon discharge or after acidification (pH below 5.5) or alkalization (pH above 9.5).
- (6) Industrial waste having a temperature upon discharge of less than 32° F. or more than 150°.
- (7) Industrial waste having a color of an intensity in excess of 500 parts per million. In testing such intensity, samples shall be diluted with distilled water to bring the range within 10 to 50 parts per million and judged on a basis of intensity or transmission of light rather than true color (plantinum cobalt standard).
- (8) Industrial waste having chemical characteristics in excess of the following limits:
- Includes the tenant, lessee, occupant or user of any premises.
- Any individual, firm, company, association, society, corporation or group.
- The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
- PRIVATE DWELLING
- Any building used solely for residential purposes and containing less than three apartments.
- PRIVATE SEWER
- Any sewer privately owned and used by one or more properties.
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights, and is controlled by a governmental agency.
- The usual water-carried wastes from toilets, water closets, urinals, bathtubs, shower baths, wash basins, laundry tubs, kitchen sinks and similar plumbing fixtures installed in a building and shall not include any other fixtures installed in a building and shall not include any other liquid or solid matter whatsoever.
- A pipe or conduit that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground-, storm- and surface waters that are not admitted intentionally.
- SEWER SYSTEM
- Collectively, all of the property involved in the operation of a sewer utility, including land, sewers and appurtenances, pumping stations, treatment works and general property.
- Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation.
- STANDARD METHODS
- The examination and analytical procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
- The Superintendent of the Department of Public Works of the Village or his authorized agent or representative.
- SUSPENDED SOLIDS
- Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are largely removable by a laboratory filtration device in accordance with the procedure described in Standard Methods.
- The Village of Freeport.
- WATER POLLUTION CONTROL PLANT
- An arrangement of devices and structures for the control of waterborne pollution.
Word usage. "Shall" is mandatory; "may" is permissive.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Village, or in any area under the jurisdiction of the Village, any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful to discharge into any natural outlet within the Village, or in any area under the jurisdiction of the Village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
There being a public sewer physically available to all properties within the boundaries of the Village, it is mandatory that all said properties be connected to said public sewer within two years after the date of official notice to do so. No private sewage disposal systems are now allowed, nor shall be allowed, within the sewer district.
All applications to construct, install, alter, replace, modify or change a building sewer shall be made and submitted to the Village in writing, upon the form provided for such purpose by the Village.
The permit fee, in the amount stated on the application form, shall accompany such application.
No work shall be commenced on the building sewer until the permit applied for has been issued by the Village, and in any event, such commencement shall be preceded by three days' notice to the Village of intent to commence.
The owner shall obtain all necessary permits to open any street for the connection to the public sewer and shalt be responsible for all damage to persons or property occasioned by such opening. Pavement replacement shall conform to the requirements of the authority having jurisdiction over said pavement.
No person shall make or cause to be made any connection or attachment to any Village sewers nor shall any person maintain, use, cause or permit any such connection or attachment to be maintained or used without having obtained a permit therefor from the Commission or the Superintendent. Proof of the existence of any such connection or attachment without a permit from the Commission or the Superintendent shall create a presumption that the connection or attachment was made or caused to be made by the owner of the premises served by such connection or attachment.
No person shall discharge, directly or indirectly, into any such sewers any industrial or objectionable waste without having obtained a permit therefor from the Commission. As a condition for authorization for disposal of industrial waste, industries must provide information describing wastewater constituents and characteristics and type of activity involved. Proof of the contribution of any such wastes shall create a presumption that such waste was discharged by the owner of the premises on which such waste originated.
No person shall discharge or cause to be discharged, either directly or indirectly, any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters into any public sewer. Proof of the contribution of any such wastes shall create a presumption that such waste was discharged by the owner of the premises on which such waste originated.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the water pollution control plant, including but not limited to cyanides in excess of 0.2 milligram per liter as CN in the wastes as discharged to the public sewer.
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the water pollution control plant.
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the water pollution control plant, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes under such conditions that such wastes can harm either the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property or constitute a nuisance. In determining the acceptability of these wastes, the Commission or Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, the sewage treatment process, the capacity of the water pollution control plant and other pertinent factors. The substances prohibited are:
Any liquid or vapor having a temperature higher than 150° F. (65° C).
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (65° C.).
Any waters or wastes containing strong acid, pickling wastes or concentrated plating solutions whether neutralized or not.
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement, to such degree that any such material received at the plant or into the sewer or as discharged from the industry exceeds the limits established by the Commission for such material. The following are the limits allowed for industrial wastes at the point of entry into the public sewers:
Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations as to exceed the limits which may be established by the Commission as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public regulatory agencies having jurisdiction for such discharge to the receiving waters.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Commission in compliance with applicable state or federal regulations.
Any waters or wastes having a pH in excess of 9.5.
Materials which exert or cause:
Unusual concentrations of inert suspended solids (such as but not limited to fullers earth, diatomaceous earth, lime slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate).
Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions).
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the water pollution control plant.
Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed or are amenable to treatment only to such degree that the water pollution control plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
If any waters or wastes are discharged, or are proposed to be discharged, into the public sewers, which waters contain the substances or possess the characteristics enumerated in § 176-3E(4) and which, in the judgment of the Commission, may have a deleterious effect upon the sewage treatment processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Commission may:
Grease, oil, hair and sand interceptors shall be provided when the Commission or Superintendent determines that they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private dwellings. All the interceptors shall be located as to be readily and easily accessible for cleaning and inspection. No dishwater discharge will be allowed to pass through any of the aforementioned interceptors.
All major contributing industries must comply with federal pretreatment standards and any other applicable requirements promulgated by the United States Environmental Protection Agency in accordance with Section 307 of the Federal Water Pollution Control Act Amendments of 1972. It shall be required that plans and other documents must be submitted for approval before installation of pretreatment or flow-equalizing facilities. All reports, plans and/or specifications that propose pretreatment facilities must be approvable and signed and sealed by a professional engineer, licensed to practice in the State of New York. All such documents shall be subject to the review and approval of the Commission, Superintendent of Public Works, the Administrator of the United States Environmental Protection Agency, the New York State Department of Environmental Conservation and the Nassau County Department of Health.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. There shall be no by-pass of the pretreatment facilities which would allow the entry of untreated or partially treated wastes to the public sewer system.
When required by the Commission or the Superintendent, the owner of any property serviced by a building lateral carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances, including but not limited to parshall flumes, venturi meters and weirs, in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be constructed in accordance with plans approved by the Commission or Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the downstream manhole in the public sewer nearest the point at which the building lateral is connected. Sampling shall be carried out by the customarily accepted methods and to reflect the effect of constituents upon the sewer system and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pH's are determined from periodic grab samples.
All sampling, analyses and flow measurements shall be performed by personnel employed by the Village or by a laboratory or engineering firm approved by the Commission. The sampling, analyses and flow measurement procedures, equipment and results shall be subject at any time to inspection by the Superintendent. Sampling and flow-measurement facilities shall be such as to provide safe access to authorized personnel.
Those industrial wastewater dischargers required to make periodic measurements of their wastewater flows and its constituents shall annually make the minimum number of such measurements required. Composite samples of the industrial wastewater shall be obtained for the required analyses. Dischargers required to sample only a few days per year shall sample during the period of highest wastewater flow and wastewater constituent discharges.
Adequate care shall be maintained in obtaining, recording and reporting the required data on wastewater effluent quality and quantity, so that the precision and accuracy of the data will be equal to or better than that achieved by the prescribed standard analytical procedures. The industrial wastewater discharger shall calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at sufficiently frequent intervals to ensure accuracy of measurements. Sampling shall be representative of the volume and quality of wastewater effluent discharged over the sampling and reporting period. When required by the Commission or Superintendent, dischargers shall install and maintain in proper order automatic flow proportional sampling equipment and/or automatic analysis and recording equipment. Care shall be exercised when collecting a composite sample to assure that the proper preservative is present in the sample container during sample collection. Depending on the analysis to be conducted, several different containers and preservation techniques may be required. Samples shall be analyzed as quickly as possible after collection. The industrial wastewater discharger shall ascertain that the methodology used is reliable for its specific wastes in its laboratory. Such discharger must be able to demonstrate to the Commission or Superintendent that it has a viable quality control program.
The industrial wastewater discharger shall maintain and record the results of all required analyses and measurements and shall record, for all samples, the date and time of sampling, the sample method used, the dates the analyses were performed, who performed the sampling and analyses and the results of such analyses. All records shall be retained for a minimum of three years, such a period to be extended during the course of any unresolved litigation or when so requested by the Commission or Superintendent. The industrial wastewater discharger also shall retain all original stripchart recordings and any continuous monitoring instrumentation and any calibration and maintenance records for a minimum of three years, such period to be extended during the course of any unresolved litigation or when so requested by the Commission or Superintendent. The industrial wastewater discharger shall provide the above records and shall demonstrate the adequacy of the flow-measuring and sampling methods upon request of the Commission or the Superintendent. The industrial wastewater discharger shall identify the effluent sampling point used for each discharge pipe by providing a sketch or flow diagram, as appropriate, showing the locations.
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern.
Applications for permits under these regulations shall be made on printed forms to be furnished by the Superintendent. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent.
There shall be two classes of permits, to be known as "special" and "general." A general permit shall be sufficient to authorize the connection or attachment, as well as the discharge of sewage from private dwellings, into the Village sewer facility; all other connections, attachments, discharges or uses require special permits. Applications for general permits shall be signed by the fee owner of the premises as shown by the last preceding tax roll or his attorney-in-fact specifically authorized by such fee owner to make such application. Applications for special permits may be made in the same manner or by a lessee of the premises. In each instance where a special permit is required, it shall be unlawful to contribute any sewage, directly or indirectly, into Village sewer facilities without such permit, and the fact that the contributor has obtained a general permit from the Village shall be no defense to a prosecution for a violation of these regulations.
Every special permit is nonassignable and is void upon the occurrence of any of the following:
[Amended 2-26-1990 by L.L. No. 28-1990]
The Board of Trustees by resolution shall adopt and from time to time may amend a schedule of fees payable by an applicant for general and special permits issued and required under this chapter.
A permit may be revoked at any time by the Commission, in writing, for the continuance, after notice to desist, of any practice or operation which contravenes the purposes set forth in this chapter or for a refusal to permit inspection by any employee, officer or duly authorized representative of the Village.
A permit for making a connection must be kept on the premises, available for exhibition at all times during the construction of the work, and the failure to keep such permit so available shall be presumptive evidence that the work is being conducted in violation of these regulations.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent. No connection shall be made until all special requirements are installed and operable.
All costs and expenses incident to the installation and connection of the building sewer and/or building lateral shall be borne by the owner. The owner shall indemnify and save the Village harmless from any loss or damage or expenses, claims or suits arising out of or in connection with the installation and connection of the building sewer and/or building lateral. All building lateral and building sewer connections must be maintained in good working condition at the expense of the property owner. All necessary repairs shall be promptly made at the expense of the property owner.
[Amended 2-22-1982 by L.L. No. 3-1982]
A separate and independent building sewer and building lateral shall be provided for every building, except where one building stands at the rear of another on the same lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway. The building sewer from the front building may be extended to the rear building, and the whole considered as one building sewer with a separate permit for each building. In the case of one- or two-story multiple dwellings, when a building is constructed so as to allow more than two units to be constructed on the same floor, a separate building drain shall be provided for each unit.
Old building laterals may be used in connection with new buildings only when they are found on examination and test by the Superintendent to meet all requirements of this chapter. Where cesspools or septic tanks are to be discontinued following connections to a public sewer, the owner shall have these pools promptly emptied, cleaned and backfilled with earth, sand or other acceptable clean material.
The size, slope, alignment, material or construction of a building sewer and building lateral, and the methods to be used in excavating, placing the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Codes and all applicable rules and regulations of the Village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing Materials and the Water Pollution Control Federation Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged into the building lateral. The cost thereof shall be borne by the owner.
No person shall make connections of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building lateral, a building sewer or building drain which in turn is connected directly or indirectly to a public sewer.
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes and all applicable rules and regulations of the Village or the procedures set forth in appropriate specifications of the American Society for Testing Materials and the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
All excavations for building lateral and building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.
Duly authorized employees of the Village, county, United States Environmental Protection Agency and New York State Department of Environmental Conservation, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in connection with ensuring compliance with these regulations or the processing of applications for permits.
All connections to Village sewer facilities shall be subject to approval and inspection by the Village. Before any connection shall be covered, it shall be the duty of the applicant to notify the Superintendent that the connection is ready for inspection, and such connection shall not be covered until it has been inspected and approved by a Village representative.
The making of any false statement in an application for a permit, or the failure to comply with any conditions in a permit, shall be deemed a violation of these regulations.
The issuance of a permit for the making of a connection shall not relieve the permittee or any person presuming to act under the authority of such permit from obtaining any additional permits required by law, ordinance or regulation, for the opening of streets or roads, the construction of buildings or the like.
In the event a building that is connected to the Village public sewer is to be abandoned or demolished, or the certificate of occupancy is withdrawn, the connection to the sewer is to be disconnected at the property line. The Village sewer is to be plugged with a watertight plug and in a manner that is satisfactory to the Superintendent. The sewer is to be disconnected, plugged and inspected prior to the start of any other work on the site.
Where a general permit was originally issued for the sewer connection, a new general permit to disconnect must be obtained prior to the start of work.
[Amended 2-26-1990 by L.L. No. 29-1990]
Where a special permit was originally issued for the sewer connection, a new special permit to disconnect must be obtained prior to the start of work.
[Amended 2-26-1990 by L.L. No. 29-1990]
The Board of Trustees by resolution shall adopt and may from time to time amend a schedule of fees payable by an applicant for a permit to disconnect a building which was previously connected to the Village's public sewer system under a general or special permit and which is to be abandoned or demolished.
[Added 2-26-1990 by L.L. No. 29-1990]
No person shall maliciously, willfully or through gross negligence break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewer system. Any person found violating this provision shall be subject to immediate arrest under the section or sections of the Penal Law applicable thereto.
Any person found in violation of this chapter shall be subject to a fine of not more than $250, and such person shall be deemed a disorderly person. Each day in which any such offense shall continue shall be deemed a separate offense.