Town of North Hempstead, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the North Hempstead Town Board 7-23-1963. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 34.
Sidewalks — See Ch. 48.
No person shall cause or permit any accumulation of sand, gravel, cinders, topsoil, mud, earth, dirt, filth, waste or rubbish or other materials to be placed, deposited, tracked or flowed upon any Town highway, street, sidewalk or other public place.
[Added 9-25-1979 by L.L. No. 9- 1979]
A. 
Within the unincorporated areas of the Town, no person shall cause or permit the encumbering of any highway, street, sidewalk or public place by any encroachment of buildings, structures, excavations or otherwise, except as permitted by Subsection B of this section.
B. 
The placement of a trash bin, dumpster or storage bin upon a sidewalk, street, highway or any other public place within the unincorporated areas of the Town by any person other than agents or employees of the Town is hereby prohibited unless:
(1) 
The trash bin, dumpster or storage bin is properly illuminated by at least one reflector on each side, such reflector to be at least six inches in diameter so that it is visible at night, and
(2) 
There is no defect or faulty design in the trash bin, dumpster or storage bin which would create a hazard to the general public, and
(3) 
The placement of the trash bin, dumpster or storage bin will not block the flow of vehicular or pedestrian traffic, and
(4) 
The use of the trash bin, dumpster or storage bin will not create offensive odors or a health hazard, and
(5) 
The truck bin, dumpster or storage bin is conspicuously marked with the name and address of its owners, and
(6) 
A permit for the placement of the trash bin, dumpster or storage bin is obtained from the Superintendent of Highways pursuant to this chapter and evidence of such permit is displayed conspicuously on the trash bin, dumpster or storage bin by means specified by the Superintendent of Highways.
C. 
This chapter shall not be construed to prohibit the placement of a trash bin, dumpster or storage bin on private property where such placement is permitted by the provisions of Chapter 70 of the Code of the Town of North Hempstead.
[1]
Editor's Note: This local law also provided for the repeal of former §§ 35-2, Encroachments prohibited; 35-4, Penalties for offenses; and 35-5, When effective, and for the renumbering of former § 35-3 to become § 35-8.
[Added 9-25-1979 by L.L. No. 9-1979]
An application for a permit pursuant to § 35-2B of this chapter shall be made on forms approved and made available by the Superintendent of Highways. Such an application shall include but not be limited to the following information:
A. 
The name and address of the applicant and, if applicable, the name and address of the lessor of the trash bin, dumpster or storage bin.
B. 
A description or diagram of the location where he proposes to place the trash bin, dumpster or storage bin.
C. 
A description of the trash bin, dumpster or storage bin which the applicant proposes to place on the sidewalk, street or any other public place of the Town, which includes the name of its manufacturer, its capacity and a description of the reflectors required by § 35-2B(1).
D. 
The circumstances necessitating the use of the trash bin, dumpster or storage bin on a sidewalk, street or public place in the Town.
E. 
The length of time the applicant plans to place the trash bin, dumpster or storage bin on the site, such a time not exceeding 30 days.
[Added 9-25-1979 by L.L. No. 9-1979]
A fee of $5 is required before any permit or renewed permit is issued pursuant to this chapter.
[Added 9-25-1979 by L.L. No. 9-1979]
Each application for a permit authorized under this chapter shall be accompanied by a policy or certificate of insurance including the applicant and the Town as named insureds and evidencing general liability coverage to protect the public from bodily injury or property damage sustained as a result of the use of such trash bin, dumpster or a storage bin. Such policy or certificate shall contain limits of at least $100,000/$300,000 for bodily injury and $50,000 for property damage and shall provide at least 30 days' notice of cancellation to be afforded to the Superintendent of Highways.
[Added 9-25-1979 by L.L. No. 9-1979]
A. 
No permit shall be granted by the Superintendent of Highways for a term longer than 30 days; although, for good cause shown, a permit previously issued may be renewed for an additional thirty-day period.
B. 
Upon the expiration of the permit, the permit holder shall remove or cause to be removed the trash bin, dumpster or storage bin from the sidewalk, street or public place.
[Added 9-25-1979 by L.L. No. 9-1979]
A. 
Any permit granted pursuant to § 35-2B(6) of this chapter may be revoked by the Superintendent of Highways if:
(1) 
The permit holder has made any false statements in his application for a permit; or
(2) 
The permit holder fails to conform to the provisions of § 35-2B(1), (2), (3), (4) or (5).
B. 
A decision by the Superintendent of Highways to revoke any permit issued pursuant to § 35-2B of this chapter shall be transmitted in writing to the permit holder by registered or certified mail. Such decision shall state clearly the grounds for the revocation.
C. 
The permit holder may appeal the revocation to the Town Board of the Town of North Hempstead. An appeal must be filed by the permit holder with the Town Clerk within seven days after the notice of revocation was mailed to him. Such appeal must state in writing the grounds for the appeal. The Town Board shall then set a time and place for the hearing and notify the permit holder in writing at least five days in advance of the hearing by mailing a notice to his last known address. The decision and order of the Town Board shall be final and conclusive.
No person shall cause or permit the placing of any materials, structures, shrubs or fences, living or otherwise, within 10 feet of a fire hydrant.
[Added 9-25-1979 by L.L. No. 9-1979; amended 8-13-2002 by L.L. No. 12-2002]
A. 
Any person who shall violate any provision of this chapter shall be guilty of a violation, punishable by a fine of not less than $100 nor more than $250 per day.
B. 
Each day's violation of any provision of this chapter shall constitute a separate and distinct violation.