[Adopted 10-15-1974 by L.L. No. 1-1974]
As used in this article, the following terms
shall have the meanings indicated:
Includes any animal or vegetable refuse or waste, dead animals, carrion, offal, swill, wastes from the preparation or cooking of foods and similar materials. The term "garbage" shall not include manure stored pursuant to the provisions of § 94-3 of this Code.
[Amended 2-8-1983 by L.L. No. 2-1983]
See definition of "newspaper"' in § 94-9 of this Code.
[Added 5-20-1982 by L.L. No. 3-1982]
Includes paper, metal, wooden, plastic and glass containers and boxes; paper (except newspaper); rags; wrappings; excelsior; straw; clothes; shoes; furniture or parts thereof; metal; rubber; concrete; plastic; metal and wooden scrap; and all discarded personal property and similar materials. It shall also include grass and garden clippings and leaves when not composted in accordance with the Village of Kings Point regulations governing the same. It shall not include receptacles used to store garbage and refuse which meet the specifications set forth in § 94-14 hereof.
No person shall deposit or place any garbage,
refuse or newspaper upon any street or highway within the Village
of Kings Point.
No person shall deposit or place any garbage, refuse or newspapers upon any lot or parcel of land within the Village of Kings Point outside of a fully enclosed building or structure except in compliance with the specifications set forth in § 94-14 hereof.
[Amended 11-21-1977 by L.L. No. 5-1977]
No person who owns, leases or occupies a lot or parcel of land within the Village of Kings Point shall suffer or permit any garbage, refuse or newspaper to be stored or remain on said lot or parcel of land or to accumulate thereon outside a fully enclosed building or structure except in receptacles meeting the specifications set forth in § 94-14 hereof.
A.
All garbage shall be placed and stored in reusable,
rigid, watertight receptacles made of metal or plastic with watertight
covers made of either of the above-specified materials. Said receptacles
and their covers shall be capable of holding their shape under normal
use and handling and the covers shall fit tightly and securely on
the receptacle. The covers for said receptacles shall remain securely
in place at all times when the receptacles contain any garbage, except
during loading or unloading.
B.
All refuse shall be placed and stored in receptacles meeting the specifications for the storage of garbage as provided in Subsection A above or in containers of wood or paperboard, baskets or plastic or fibre bags or drums, strong enough to support and retain all materials contained in them. Said containers shall be securely covered or tied at all times when they contain refuse.
C.
In no event shall garbage or refuse receptacles be
placed in a front yard or within 10 feet of a property line.
D.
Newspaper shall be placed and stored in receptacles meeting the specifications above set forth for the storage of garbage or refuse. However, it shall be an affirmative defense in the prosecution for a violation of the provisions of § 94-12 and Subsection B above that:
[Amended 5-20-1982 by L.L. No. 3-1982]
(2)
The newspaper was enclosed in a plastic bag or securely
bound by a cord or rubber band and was delivered to the lot or parcel
where deposited at the express request of the owner or occupant of
a one-family dwelling located on said lot or parcel; or
(3)
The newspaper was enclosed in a plastic bag or securely
bound by a cord or rubber band and was placed or deposited within
five feet of a doorway of said one-family dwelling.
[Added 11-21-1977 by L.L. No. 5-1977; amended 10-11-1988 by L.L. No. 3-1988; 9-14-2010 by L.L. No. 2-2010]
A.
ALLOW
DEPOSIT
PRINTED MATTER
PROPERTY
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Authorize, suffer, permit, allow, tolerate, solicit, request,
command, importune, engage, and/or compensate.
Throw, cast, or deposit.
Handbills, dodgers, circulars, newspapers, booklets, posters,
advertising, or other printed matter of any kind.
All public and private property within the Village.
B.
Depositing
printed matter after notice to cease.
(1)
No
person shall deposit printed matter on the ground, the porch, or the
doorstep of any property after receiving notice from or on behalf
of the owner or an occupant thereof to cease such activity.
(2)
No
person shall allow any employee, contractor, or other agent to deposit
printed matter on the ground, the porch, or the doorstep of any property
after receiving notice from or on behalf of the owner or an occupant
thereof to cease such activity.
(3)
Such
notice may be sent by the owner or occupant of the property or any
authorized agent of such owner or occupant. Any such notice shall
be valid for a period of three years from the date of the notice,
or if not dated, from the delivery of the notice, or such date as
such owner no longer owns or such occupant no longer occupies such
property, the sooner to occur.
(4)
The
Village Clerk is hereby authorized to collect the names of owners
and occupants of properties within the Village who seek to give notice
to such persons who deliver and/or allow the depositing of printed
matter on the ground, the porch, or the doorstep of their respective
properties and to give notice on their behalf to such persons to cease
such delivery.
[Added 11-21-1977 by L.L. No. 5-1977; amended 7-20-2006 by L.L. No. 3-2006]
No person who owns, leases, or occupies a lot
or parcel of land within the Village of Kings Point shall suffer or
permit any unlicensed motor vehicles or any construction, compaction,
or earthgrading equipment to be stored or remain in place on said
lot or parcel outside a fully enclosed building for a period in excess
of two days unless such vehicle, machinery, or equipment is being
utilized in connection with a construction activity authorized by
the Village of Kings Point.
[Added 11-21-1977 by L.L. No. 5-1977; amended 2-8-1983 by L.L. No. 2-1983]
In addition to any other penalties provided
for, the Board of Trustees of the Village of Kings Point is hereby
empowered to cause the removal from a lot or parcel of land within
the Village of any garbage, refuse, newspapers, vehicles or equipment
or any other solid waste which it finds to exist thereon in violation
of any of the foregoing provisions of this article and to assess the
cost and expense thereof in accordance with the following procedure:
A.
The Building Inspector or such other official as may
be designated by the Board of Trustees, upon notification that a violation
of this article exists, shall make an inspection thereof and report
his findings concerning the same and his recommendations for action
to the Board of Trustees.
B.
If the Building Inspector or other designated official
shall make a preliminary finding that a violation of this article
exists which requires affirmative action by the Board of Trustees
in order to protect the health, safety or general welfare of Village
inhabitants or the value of their property, he shall give written
notice of his findings and recommendations for action to the owner
or owners of record of the lot or parcel of land upon which the violation
was found to exist and to other persons known to have an interest
in said lot or premises as shown by the records of the Clerk of the
County of Nassau. The notice shall be served personally or by registered
mail, addressed to the last known address of the party to whom it
is directed as shown by the records of the Clerk of the County of
Nassau. If the notice is served by mail, it shall also be posted on
the lot or parcel of land where the violation is found to exist. The
notice shall include:
(1)
A description of the lot or parcel of land.
(2)
A statement of the particulars of the violation found
to exist and the recommendations for action.
(3)
The date, time and place at which the preliminary
findings and recommendations for action shall be presented to the
Board of Trustees, which date shall not be less than 10 days after
service is complete.
(4)
A statement that upon confirmation of the preliminary
finding by the Board of Trustees, the Board may apply to the Supreme
Court of the State of New York for a judgment authorizing the Village
of Kings Point to enter upon the lot or parcel of land where the violation
exists for the purpose of removing the same and to assess the cost
and expense thereof against said lot or parcel of land.
(5)
A statement that the person served and others having
an interest in the property will be given an opportunity to be heard
at the time such report is presented to the Board and to raise objection
thereto.
C.
Upon confirmation of the preliminary findings by the
Board of Trustees, the Board may direct the removal of all or part
of the violation by a date certain and, in the event the violation
is not removed by said date, the Board may apply to the Supreme Court
of the State of New York pursuant to Article 4 of the Civil Practice
Law and Rules for a judgment authorizing the Village of Kings Point
to enter upon the lot or parcel of land where the violation exists
and remove the violation and further, authorizing the Village to assess
the cost and expense incurred by it in removing said violation and
the cost and expense incurred by it in connection with proceedings
conducted pursuant to this section against the lot or parcel of land
on which the violation was found to exist.
D.
Assessment of cost and expense. Any and all cost and
expense incurred by the Village in connection with the removal of
a violation pursuant to this section and with the proceedings conducted
hereunder shall be assessed against the lot or parcel of land where
the violation was found to exist. The amount of such cost and expense
shall be audited by and the assessment fixed and determined by the
Board of Trustees. The assessment shall be reported to the Village
Treasurer as an amount to be levied and assessed against said lot
or premises. Said assessment shall be a lien and charge upon said
lot or parcel of land on the date it is fixed and determined by the
Board of Trustees, and it shall be collected in the manner provided
in the Village Law for the collection of special assessments.
E.
Written notice of the assessment finally fixed and determined by the Board of Trustees shall be served on the parties designated in Subsection B of this section and in the manner therein provided. Such notice shall also state that any person deeming himself aggrieved by the assessment may, within 15 days after service is complete, apply to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules for a review of said assessment. The assessment shall be deemed final and conclusive unless such an application is made within said 15 days.
F.
Personal service of papers hereunder shall be complete
upon delivery thereof to the person to whom such papers are directed.
Service by mail shall be completed three days after the papers, enclosed
in a postpaid properly addressed wrapper, are deposited in a post
office under the exclusive care and custody of the United States Postal
Service located within the County of Nassau and State of New York.
