[HISTORY: Adopted by the North Hempstead Town Board 7-23-1963. Amendments
noted where applicable.]
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.
[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]
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]
