Town of Hempstead, NY
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2023-05-09
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PART V: GARBAGE, REFUSE AND NUISANCES
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DIVISION 2: USE OF PROPERTY
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Chapter 138 Smoke
- PART I: ADMINISTRATIVE LEGISLATION
- DIVISION 1: GENERAL ADMINISTRATIVE PROVISIONS
- Ch 1 General Provisions
- Ch 2 Enforcement of Ordinances
- Ch 3 Apprenticeship Training Programs for Town Contracts
- Ch 4 Local Laws: Adoption
- Ch 5 Access to History Records
- Ch 6 Liability of Town
- Ch 7 Elections on Propositions
- Ch 7A Reapportionment of Councilmanic Districts
- Ch 8 Tort Liability Reserve Fund
- Ch 9 Judgment Lien Protective Law
- Ch 10 Taxation: Partial Exemption of Real Property for Certain Persons With Limited Income
- Ch 10A Taxation: Partial Exemption for Members of Volunteer Fire Departments and Voluntary Ambulance Services
- Ch 10B Taxation: Veterans' Real Property Exemption
- Ch 10C Real Property Tax Relief for Cold War Veterans
- Ch 10D Superstorm Sandy Tax Relief
- Ch 11 Defense and Indemnification of Town Officers and Employees
- Ch 12 Taxation: Exemption for Improvements to Accommodate Disabled
- Ch 13 Continuity of Government
- Ch 14 Taxation: Exemption of Capital Improvements
- Ch 15 Compensation of Town Employees
- Ch 16 Councilmembers: Increase in Number
- Ch 17 Deputy Receiver of Taxes
- Ch 18 Board of Appeals
- Ch 19 Town Comptroller: Additional Powers
- Ch 20 Records Management
- Ch 21 Deputy Supervisor
- Ch 22 Waterways Improvement: Public Hearing on Benefit Assessments
- Ch 23 Community Residential Facilities
- Ch 24 Official Seal
- Ch 25 Taxation: Partial Exemption for Disabled Persons With Limited Incomes
- Ch 26 Taxation: Exemption for Gold Star Parents
- DIVISION 2: PUBLIC EMPLOYEES AND EMPLOYEE RELATIONS
- Ch 27 Empire Zones
- Ch 28 Department of Human Resources
- Ch 29 Merit Award Board
- Ch 30 Employment of Volunteer Workers
- Ch 31 Qualifications of Certain Town Officers
- Ch 32 Public Employee Relations
- Ch 33 Mass Mailing Restrictions
- Ch 34 (Reserved)
- Ch 35 Grievance Procedure for Town Employees
- Ch 36 Whistleblower Protection Act
- Ch 37 Disciplinary Hearings
- Ch 38 Ethical Standards
- Ch 39 Governmental Transparency
- Ch 40 Salaries of Town Employees: Deductions
- Ch 41 (Reserved)
- Ch 42 (Reserved)
- Ch 43 (Reserved)
- Ch 44 (Reserved)
- Ch 45 Health Insurance for Town Employees
- Ch 46 (Reserved)
- Ch 47 (Reserved)
- Ch 48 Retirement Incentive Program
- Ch 49 (Reserved)
- DIVISION 3: GOVERNMENTAL DEPARTMENTS
- Ch 50 Department of Industry and Commerce
- Ch 51 Department of Senior Enrichment
- Ch 52 Department of Buildings
- Ch 53 Department of Conservation and Waterways
- Ch 54 Department of Information and Technology
- Ch 55 Cemeteries
- Ch 56 Department of Civil Service
- Ch 57 Department of Parks and Recreation
- Ch 58 Department of Planning and Economic Development
- Ch 59 Department of Engineering
- Ch 60 Drug and Alcohol Addiction
- Ch 61 Office of Tourism
- Ch 62 Department of Purchasing
- Ch 63 Department of Public Safety
- Ch 64 Department of Occupational Resources
- Ch 65 Compliance Officer
- Ch 66 Department of General Services
- Ch 67 Highway Department
- Ch 68 Department of Sanitation
- Ch 69 Department of Water
- DIVISION 4: WATER RULES AND REGULATIONS
- Ch 70 Department of Water, Rates and Regulations
- Ch 71 (Reserved)
- Ch 72 Enforcement of Water Conservation
- Ch 73 (Reserved)
- Ch 74 Community Choice Aggregation Energy Program
- Ch 75 (Reserved)
- PART II: PUBLIC PLACES
- Ch 76 Landmarks Preservation
- Ch 77 Public Places, Regulation of
- Ch 78 Parks
- Ch 79 Protection of Housing Authority Properties
- Ch 80 Public Parking Fields
- Ch 81 (Reserved)
- Ch 82 Shopping Carts Abandoned in Public Places
- Ch 83 (Reserved)
- PART III: BUILDINGS AND STRUCTURES
- Ch 84 Master Electricians
- Ch 85 Board of Architectural Review
- Ch 86 Building Construction Administration
- Ch 87 Dwelling Access
- Ch 88 Housing and Rehabilitation Code
- Ch 89 Elevator Inspection Procedure
- Ch 90 Dangerous Buildings and Structures
- Ch 91 Public Nuisances
- Ch 92 Fallout Shelters
- Ch 93 Maximum Fines for Violations of Building Zone Ordinance
- Ch 94 Emergency Lighting and Power
- Ch 95 Maintenance of Vacant Buildings
- Ch 96 Places of Public Assembly: Licensing
- Ch 97 Public Indecency
- Ch 98 (Reserved)
- Ch 99 Registration and Permitting of Property
- Ch 100 Condominium Conversions
- Ch 101 Temporary Moratorium in the Transit-Oriented Development District for North Lawrence and Inwood
- Ch 101A Temporary Moratorium in the Neighborhood Business Overlay District for North Lawrence and Inwood
- PART IV: BUSINESS AND ENTERTAINMENT
- Ch 102 Auctions and Auctioneers
- Ch 103 Bingo
- Ch 104 Games of Chance
- Ch 105 Special Events
- Ch 106 Clothing Bins
- Ch 107 Christmas Tree Sales
- Ch 108 (Reserved)
- Ch 109 Laundromat Refunds
- Ch 110 Gasoline Emergency Abatement
- Ch 111 Junk Dealers
- Ch 112 (Reserved)
- Ch 113 Control and Regulation of Secondhand Dealers
- Ch 114 Memorial and Independence Days
- Ch 115 (Reserved)
- Ch 116 Open-Air Markets
- Ch 117 Parades
- Ch 118 Peddlers and Solicitors
- Ch 119 (Reserved)
- Ch 120 Riding Stables
- Ch 121 Smoking, Cannabis and Cbd
- Ch 122 Sunday Exhibitions
- Ch 123 (Reserved)
- Ch 124 Theaters and Theater Matrons
- Ch 125 (Reserved)
- Ch 126 (Reserved)
- Ch 127 (Reserved)
- PART V: GARBAGE, REFUSE AND NUISANCES
- DIVISION 1: GARBAGE AND RUBBISH
- Ch 128 Garbage and Rubbish
- Ch 129 Graffiti Control
- Ch 130 (Reserved)
- Ch 131 (Reserved)
- DIVISION 2: USE OF PROPERTY
- Ch 132 Flammable and Combustible Liquids
- Ch 133 Liquefied Petroleum Gases
- Ch 134 Portable Swimming Pools
- Ch 135 (Reserved)
- Ch 136 Trespassing
- Ch 137 (Reserved)
- Ch 138 Smoke
- § 138-1 Emission of dense smoke.
- § 138-2 Escape of soot, cinders, etc.
- § 138-3 Construction, alteration and repair of fuel-consuming devices.
- § 138-4 Burning of garbage and refuse.
- § 138-5 Burning of combustible materials.
- § 138-6 Municipal or public use.
- § 138-7 Penalties for offenses.
- Ch 139 (Reserved)
- Ch 140 Earth and Soil Removal
- Ch 141 (Reserved)
- Ch 142 Wireless Telecommunications Facilities
- Ch 143 (Reserved)
- Ch 144 Unreasonable Noise
- Ch 145 (Reserved)
- Ch 146 Hazardous Excavations
- Ch 147 (Reserved)
- Ch 148 Sandbanks, Pits and Quarries
- Ch 149 (Reserved)
- DIVISION 3: EXPLOSIVES
- Ch 150 Explosives
- Ch 151 (Reserved)
- DIVISION 4: DOGS AND CATS
- Ch 152 Animal Shelter and Control Division
- Ch 153 (Reserved)
- PART VI: CONSERVATION AND WATERWAYS
- Ch 154 Environmental Quality Review
- Ch 155 Boats and Seaplanes
- Ch 156 Houseboats and Floating Homes
- Ch 157 Clams, Oysters or Worms
- Ch 158 (Reserved)
- Ch 159 Dredging
- Ch 160 Precautions Against Oil Spills
- Ch 161 Illicit Discharges
- Ch 162 (Reserved)
- Ch 163 Marinas and Docks
- Ch 164 Public Wetlands Preservation
- Ch 165 Freshwater Wetlands
- Ch 166 Shellfish
- Ch 167 Dune Protection Zone
- Ch 168 Structures in Waterways
- Ch 169 Swimming From Town Docks
- Ch 170 Coastal Erosion Hazard Areas
- Ch 171 (Reserved)
- Ch 172 Intentional Release of Balloons
- PART VII: STREETS, VEHICLES AND TRAFFIC
- Ch 173 Abandoned Vehicles
- Ch 174 Abandonment of Vehicles During Snow Emergencies
- Ch 175 Excavations in Streets
- Ch 176 Roll-Off Containers
- Ch 177 Materials: Deposit
- Ch 178 (Reserved)
- Ch 179 Bicycle Riding on Certain Structures
- Ch 180 Play Streets
- Ch 181 Sidewalks, Roads and Streets
- Ch 182 Streets: Construction of Curb Cuts and Driveway Entrances
- Ch 183 Tow Cars
- Ch 184 Tree Preservation
- Ch 185 Taxicabs and Limousines
- Ch 186 Failure to Stop for School Buses
- Ch 187 (Reserved)
- Ch 188 (Reserved)
- Ch 189 (Reserved)
- Ch 190 Vehicle Speed Limits
- Ch 191 (Reserved)
- Ch 192 Weight Restrictions: Commercial Vehicles
- Ch 193 (Reserved)
- Ch 194 (Reserved)
- Ch 195 Pavement Markings
- Ch 196 (Reserved)
- Ch 197 Vehicular Use of Streets
- Ch 198 Tow-Away Zones
- Ch 199 Parking Fields, Private
- Ch 200 (Reserved)
- Ch 201 (Reserved)
- Ch 202 Parking
- Ch 203 (Reserved)
- Ch 204 (Reserved)
- Ch 205 (Reserved)
- Ch 206 (Reserved)
- Ch 207 (Reserved)
- APPENDIX
- Apx A221 Building Code Administration
- DISPOSITION LIST
- Ch DL Disposition List
[HISTORY: Comes from Ord.
No. 33 adopted 9-23-1952, effective 10-16-1952.]
GENERAL REFERENCES
Garbage and rubbish — See Ch. 128.
It shall be unlawful for any person, firm or corporation to
permit the emission of any dense smoke from any source whatever excepting
private dwellings containing not more than two families.
It shall be unlawful for any person, firm or corporation to
permit the escape of such quantities of soot, cinders, noxious acids,
fumes and gases in such place or manner as to be detrimental to any
person or to the public, or to endanger the health, comfort or safety
of any such person or of the public, or in such a manner as to cause
or have a tendency to cause injury or damage to property or business.
No new fuel-burning plant, nor reconstruction, repair, addition
or alteration to any existing fuel-burning plant, for producing power
or heat or either of them, or refuse-burning equipment, nor any stack
or furnace connected with such refuse-burning equipment, shall be
installed, erected, reconstructed, repaired, added to or altered until
plans and specifications of the same have been filed by the owner
or contractor with the office of the Building Inspector of the Town
of Hempstead and a permit issued by such office.
It shall be unlawful for any person, firm or corporation to
burn any garbage or refuse on premises within the Town of Hempstead.
No burning of any trash, lumber, branches, straw, paper or any
other combustible material shall take place upon the streets, highways
or public places or upon a lot or place within the Town of Hempstead
except in a metal incinerator or container, without the written permission
of the Building Inspector of the Town of Hempstead.
The provisions of this chapter shall not apply to any municipal
or public purpose of the Town of Hempstead, the County of Nassau or
any city or village within said Town and county.
A.
Any person or persons, association or corporation committing an offense
against this chapter, or any section or provision thereof, is guilty
of a violation punishable by a fine not exceeding $250 or imprisonment
for a period not exceeding 15 days for each such offense, or by both
such fine and imprisonment.
B.
Each day upon which any offense against this chapter shall be continued
shall constitute a separate additional violation.
[1]
Editor's Note: Amended 2-20-1968, effective 3-18-1968.
