Village of Cedarhurst, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 247.
[Adopted 3-2-1964 as Ch. 13, Art. II of the 1964 Code of Ordinances]
[Added 10-6-1997 by L.L. No. 9-1997]
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Shall include, but shall not necessarily be limited to, putrescible animal and vegetable waste, liquid or solid, resulting from the handling, preservation, preparation, cooking or consumption of food; any readily combustible material, such as paper, cardboard, wood, excelsior, cloth, food and drink cans, glass food and drink containers or any like material or object which may be discarded by a person; any dead birds, cats, dogs and other small animals or fish; any organic waste substance of any kind which may emit offensive odors.
RUBBISH
Any ordinary industrial, store or household trash, including but not limited to, by way of example: metal chips or shavings, tires or tubes, barrels, cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, blankets, small tree trimmings, leaves, grass clippings, weeds, small stumps and similar garden waste, large dead animals or vegetable matter originally intended for animal consumption, planing mill waste, shavings, sawdust and such other materials or objects which may be discarded by a person; including below nonputrescible solid wastes (excluding ashes) consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding, crockery and similar materials.
A. 
No refuse, sweepings, litter, paper, offal, garbage, dead animals, decaying vegetable matter or organic waste substance of any kind shall be thrown upon any street, road or public place, neither shall the same be thrown or kept upon any private road, land or premises unless temporarily held for collection in receptacles or containers. All such garbage shall be kept in watertight containers and all receptacles for other refuse or other matter as above set forth shall be provided with a suitable cover which must at all times be properly adjusted to the same.[1]
[1]
Editor's Note: Former Sec. 13-15B, dealing with penalties, as added 10-2-1967, which immediately followed this section, was deleted 10-6-1997 by L.L. No. 9-1997.
B. 
Such watertight containers and all receptacles for such other refuse or matter as above set forth shall be enclosed in a substantial container with a substantial cover thereon which container, box or structure (should the same be enclosed in a structure) shall be protected by a lock in good working order.[2]
[2]
Editor's Note: Former Sec. 13-16B, dealing with penalties, as added 10-2-1967, which immediately followed this section, was deleted 10-6-1997 by L.L. No. 9-1997.
[Amended 10-2-1967; 11-7-1983 by L.L. No. 22-1983; 10-7-1985 by L.L. No. 12-1985; 10-6-1997 by L.L. No. 9-1997]
A. 
All deliveries of loading or unloading of merchandise or other supplies used by stores, places of business or occupants of dwellings located on the north side of Central Avenue from Spruce Street to Washington Avenue, and all collections of refuse, sweepings, litter, paper, offal, garbage or waste substances of any kind shall be made at the rear of the premises to which such deliveries or collections are intended to be made. Any deliveries, loadings, unloadings or collections as aforesaid on and between said places or any stopping or parking of a vehicle for the purpose of making such deliveries, loadings, unloadings or collections, even though such deliveries, loadings, unloadings or collections are not actually effected, shall constitute an offense with penalties as set in accordance with Chapter 1, Article III, General Penalty.
B. 
Garbage, refuse or litter may be placed on the sidewalks only from 6:00 a.m. to 10:00 a.m. for the morning pickup. In no event shall refuse, garbage or litter be placed or remain on or be visible from the streets or sidewalks of the Village of Cedarhurst on any day after the hour of 10:00 a.m. No garbage, refuse or litter shall be placed on the sidewalks or streets on any Saturday, Sunday or Holiday.
[Amended 6-10-1999 by L.L. No. 10-1999; 9-13-1999 by L.L. No. 11-1999]
C. 
In approved locations where access is available to the rear yard of the building or structure, all rubbish, refuse or litter shall be stored only in the rear yard in an area and in a container approved by the Village and shall be removed as required by Village ordinances. Public litter containers shall not be used for the disposal of refuse, garbage or litter by merchants, property owners or residents. Garbage shall be bagged and secured properly and all boxes be broken down and tied together for pickup.
[Amended 6-10-1999 by L.L. No. 10-1999; 9-13-1999 by L.L. No. 11-1999]
It shall be unlawful for any person in any part of the Village, at any hour of the day or night, to sweep refuse or dirt from houses or sidewalks into the gutters or vehicularly traveled portions of the public streets or in any other public place. Such refuse or dirt shall be gathered in containers or packages and properly placed for collection by the Department of Sanitation.[1]
[1]
Editor's Note: Former Sec. 13-18B, dealing with penalties, as added 10-2-1967, which immediately followed this section, was deleted 10-6-1997 by L.L. No. 9-1997.
[Amended 6-13-1983 by L.L. No. 14-1983; 5-7-1984 by L.L. No. 3-1984]
Where it is required to use the public streets, highways and sidewalks for construction purposes, for which permits have been issued and where it is required that materials for construction purposes be deposited on the highways and sidewalks, it shall be unlawful to deposit such materials upon public streets, highways and sidewalks, until a written permit therefor has been obtained from the Village Clerk-Treasurer. The contractor shall furnish four flashing amber warning lights which shall be lit continuously during the hours of darkness, with two lights being placed at the rear of the obstruction and two lights placed on the side of the obstruction. The fee for said permit shall be as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.[1]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
[Amended 6-20-1977 by L.L. No. 19-1977; 6-13-1983 by L.L. No. 14-19835-7-1984 by L.L. No. 4-1984]
Where it is required to use the public streets or highways for the purpose of placing dumpsters for any legal use, it shall be unlawful to place said dumpsters on public streets or highways until a written permit therefor has been obtained from the Village Clerk-Treasurer. The contractor or operator shall maintain warning devices when the dumpster remains on the Village street overnight. Said devices shall consist of one of the following: luminous plastic strips; painted strips with luminous paint; red reflectors or amber warning lights, which must be effective during the hours of darkness. The permit fee shall be as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.[1]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
[Amended 5-18-19643-1-1982 by L.L. No. 2-1982; 3-16-2006 by L.L. No. 7-2006; 8-6-2007 by L.L. No. 11-2007]
A. 
Littering prohibited. Every owner or occupant of any house, store or other building and every person or corporation owning or being entitled to the possession of any vacant land or unimproved property shall at all times keep the premises so owned or occupied, or to the possession of which he or she is entitled, free of papers, boxes, rubbish, garbage, ashes, sweepings, cans, refuse or other things of a like nature, whether inflammable or not. In addition, it shall be unlawful to permit the growth of weeds, grass or other rank vegetation to a height greater than eight inches on the average or to permit any accumulation of dead weeds, grass or brush. Failure to comply shall constitute an offense with penalties as noted in § 220-16.
B. 
In the event that such owner or occupant or person having charge of any house, store or other building and every person or corporation owning or being entitled to the possession of any vacant land or unimproved property shall fail to maintain such property as required herein, and correct said conditions within five days after notice by mail to said person from the Clerk-Treasurer of the Village or from the Superintendent of the Building Department, then the Board of Trustees may order such repairs made as set forth in the notice and subsequently assess the cost upon the lands benefited thereby.
C. 
Costs and/or remedy of Village. In the event that any of the conditions described in Subsection A of this section are not cured or corrected within 15 days after the written notice hereinabove provided for, in addition to any other penalty for a violation of this chapter as may be provided herein, the Village shall have the right to enter upon said premises without any further notice to cure said condition(s), and the cost of thereof shall be at the sole cost and expense of the occupant, lessee, sublessee, owner, landlord or agent. The actual costs of the inspection of said condition(s), together with any costs incidental thereto, shall thereupon become a lien upon the real property upon which said condition(s) were found to be located, and such costs or lien shall be added to and become part of the Village taxes next to be assessed and levied on such real property, and the same shall be collected and enforced in the same manner as taxes.
[Added 7-7-2008 by L.L. No. 12-2008[1]]
[1]
Editor's Note: This local law also redesignated former Subsection C as Subsection D.
D. 
Duty of Superintendent of the Building Department. It shall be the duty of the Superintendent of the Building Department to see that the provisions of this section are maintained and enforced.
No filling in or making of land by the dumping of rubbish or other material shall be done unless approved by the Board of Trustees, and no garbage, offal, dead animals or other vegetable, organic or putrescible matter or admixture thereof shall be used for filling in low lands, nor be deposited in any other places, nor in any manner.
[Amended  4-15-1968]
No person shall throw, cast or deposit or direct, suffer or permit any servant, agent or employee or other person under his or her control to throw or cast or deposit any garbage rubbish, paper in bulk, cloth, yarn, garment, material, rug, carpet, merchandise, barrel, box, bale or carton of whatever substance or whether broken or otherwise or any other refuse into any litter deposit baskets or containers provided by the Village of Cedarhurst.[1]
[1]
Editor's Note: Former Sec. 13-23(b), dealing with penalties, which immediately followed this section, was deleted 10-6-1997 by L.L. No. 9-1997.
[Added 2-4-1974]
No person shall litter, throw, deposit, sweep, allow to carried by wind or otherwise or cause or permit the accumulation of any paper, bottles, metal containers, rubbish, trash, waste, refuse, debris, packing box or carton of paper, wood or other material, fruit skins, vegetable matter, discarded food, any part or parts of a vehicle of any type or anything harmful, destructive or dangerous to animals, persons or to the health and safety of any person on any road, street, path, sidewalk, bench, lawn, park, beach, dock or in any body of water on any public or private property, vacant lot or in any public place or public building.
[Added 2-4-1974]
No person, operating or in charge of or riding in any vehicle, shall cast, throw, drop, spill or scatter or permit to be cast, thrown, dropped, spilled or scattered therefrom any dirt, sand, gravel, building materials, garbage, bottles, metal containers, rubbish, trash of any description, refuse or any other matter dangerous to animals, persons or to the health and safety of any person, in or upon any street, sidewalk, public place, private or public property.
[Added 2-4-1977]
No person shall throw, cast, place, drop, attach, leave or distribute or permit any person in his or her employ or under his or her supervision, direction, charge or control to throw, cast, place, drop, attach, leave or distribute any handbill, newspaper pennysaver, notice, circular, card, booklet or any printed or advertising matter of any description in or upon any street, sidewalk, public place or in or upon any private property, yard, fence, porch, stoop, door vestibule, letter box or any part of any building or structure or in or on any parked automobile upon any street or in any public or private parking place. This section does not prohibit or otherwise regulate the delivery of the matter by the United States Postal Service or the distribution of newspapers sold by the copy or by subscription to the occupant or occupants of any building or the actual handing or delivery of any printed or advertising matter to the occupant or occupants of any building willing to accept the same. This section does not prohibit the distribution of any material, other than commercial or business advertising matter, by a duly constituted political party or a charitable or nonprofit organization or group in accordance with the terms and conditions of a special permit issued by the Board of Trustees prior to any distribution.[1]
[1]
Editor's Note: Former second unnumbered paragraph of Sec. 13-26, dealing with penalties, which immediately followed this section, was deleted 10-6-1997 by L.L. No. 9-1997.
[Added 11-7-1983 by L.L. No. 23-1983; amended 10-6-1997 by L.L. No. 9-1997]
Where a food establishment or any other business uses the exterior open unbuilt portion of the premises for washing and cleaning of floor mats, equipment and any other items, the water used in cleaning and washing shall be contained within the premises and disposed of in a private sanitary system to be approved by the Village of Cedarhurst and a permit required. The fee for said permit shall be as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.[1] No water or debris shall be disposed of on the sidewalk or street.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
[Added 9-9-1987 by L.L. No. 9-1987]
A. 
Method of disposal. It shall be unlawful for any individual, corporation or entity within the Village of Cedarhurst to dispose of any fat, grease or rendering through any other method, except by depositing said fat, grease or rendering in a sealed container which must be picked up by or delivered to an individual or company engaged in the business of receiving and disposing of said waste outside of the jurisdiction of the Village of Cedarhurst.
B. 
Recordkeeping and reporting.
(1) 
Prior to March 1 of each year, any establishment whose byproducts shall include fat, grease or rendering shall file with Village Clerk-Treasurer a copy of contract indication that it has complied with Subsection A above.
(2) 
Each establishment shall maintain accurate records of its grease disposal which shall be available to the inspectors of the Village of Cedarhurst. Such records shall list the amounts of fat, grease or rendering picked up by or delivered to a depot.
[Added 6-9-1986 by L.L. No. 18-1986]
This article shall apply to the owners of the premises and/or the tenants thereof.
[Added 10-2-1967; amended 10-6-1997 by L.L. No. 9-1997]
For any and every violation of the provisions of this article, the owner, general agent or lessee of a building or premises where such violations have been committed or shall exist and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and the general agent, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of an offense and shall be punished by a fine as set in accordance with Chapter 1, Article III, General Penalty, of this Code. Each day's continued violation shall constitute a separate additional offense. Such fines or penalties shall be collected as like fines are now by law collected.