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Town of North Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
Code
New Laws (9) Index
This chapter shall be known and may be cited as the "North Hempstead Anti-Litter and Anti-Dumping Ordinance."
[Amended 8-5-1997 by L.L. No. 15-1997]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein.
A. 
Word usage. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
Terms defined.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle not to exceed 30 gallons in volume capacity.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the town owned or used by the town and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parts, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, handbills, placards, posters, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
TOWN
The Town of North Hempstead.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
[Amended 9-21-1999 by L.L. No. 12-1999]
No person shall throw, deposit or distribute litter in or upon any street, sidewalk, vehicle or other public place within the town except in public receptacles or in authorized private receptacles for collection. No authorized private receptacles or other cans, plastic bags or debris shall be placed at the curb, or anywhere within a town, county or state right-of-way, before sunset immediately prior to the day of a scheduled pickup. All such items shall be removed from the curb not later than sunrise on the day following a scheduled pickup. The foregoing restrictions shall not apply to items for which the adjacent property owner has arranged a nonscheduled or commercial pickup. In the case of a nonscheduled or commercial pickup, no such items shall be left at the curb, or anywhere within a town, county or state right-of-way, for more than 24 hours. The foregoing restrictions also shall not apply, during the period from October 1 to December 31, to cans or plastic bags containing yard waste.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk adjacent to their premises free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the town shall keep the sidewalk adjacent to their business premises free of litter.
No person shall throw, distribute or deposit litter in any park within the town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any fountain, pond, lake, stream, channel, bay or any other body of water in a park or elsewhere within the town.
No person shall throw, distribute or deposit litter on any occupied private property within the town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw, distribute or deposit litter on any open or vacant private property within the town whether owned by such person or not.
No person while a driver or passenger in a vehicle shall throw, distribute or deposit litter upon any street, vehicle or other public place within the town or upon private property.
No person shall drive or move any truck or other vehicle within the town unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
[1]
Editor's Note: Former §§ 34-14 through 34-16, regarding severability, penalties and when effective, as amended, were repealed 8-5-1997 by L.L. No. 15-1997. See now Art. IV, Penalties; Severability.