Village of Greenport, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Greenport: Art. I, 2-18-1988 as L.L. No. 4-1988 (Ch. 24 of the 1975 Code); Art. II, 10-14-1993 as L.L. No. 5-1993. Amendments noted where applicable.]
[Adopted 8-18-1988 as L.L. No. 4-1988 (Ch. 24 of the 1975 Code)]

§ 112-1 Legislative intent.

It is the intent of the Board of Trustees of the Village of Greenport in enacting this Article to prevent injury to the public health, safety and welfare due to improperly marked and situated dumpsters and to provide for the regulation of such dumpsters.

§ 112-2 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
DUMPSTER
Any container for the collection of garbage, refuse or rubbish with four (4) cubic yards of capacity or larger.

§ 112-3 Requirement of casualty insurance.

[Amended 1-19-1989 by L.L. No. 1-1989; 1-13-1994 by L.L. No. 1-1994]
Before the permission is granted herein, the applicant shall procure and submit to the Building Inspector a policy of casualty insurance with a company or companies approved by the Village of Greenport, which insurance policy shall be in customary form and provide for the payment of judgments recovered against the applicant on account of injuries to persons or property within the limits of the Village of Greenport up to the sum of one million dollars ($1,000,000.) and shall hold the Village of Greenport free of any and all liability, including but not limited to damages, attorney's fees, costs and disbursements.

§ 112-4 Permit.

A. 
No person, firm or corporation shall place, put, position or situate a dumpster on any street, sidewalk or right-of-way without first obtaining a separate dumpster permit from the Building Department for each dumpster.
B. 
Application for a dumpster permit shall be made to the Building Inspector on forms provided by the Building Department and shall contain the following information:
(1) 
A description of the property or area where the dumpster will be placed.
(2) 
The full name and address of the applicant, or the names and addresses of responsible officers, if the applicant is a corporation.
(3) 
A brief description of exactly where the dumpster is placed.
(4) 
Such other information as may be reasonably required to establish compliance with the requirements of the applicable ordinances and regulations.
C. 
Application shall be made by the owner or lessee, or agent of either. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the applicant is authorized to make such application.
D. 
The Building Inspector shall examine or cause to be examined all applications for permits and the insurance plans filed therewith; he shall approve or disapprove the application within a reasonable time.
E. 
Upon approval of the application and upon receipt of the legal fees therefor, the Building Inspector shall issue a dumpster permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. The approved permit shall be kept at the site open to inspection by the Building Inspector or his authorized representative at all reasonable times.
F. 
A dumpster permit is effective for fourteen (14) days and may be renewed by contacting the Building Inspector. The Building Inspector may allot a longer time period to the applicant dependent upon need and a request for such submitted with the application.

§ 112-5 Requirements for dumpsters.

A. 
A dumpster may be placed on or near a sidewalk, street, road, driveway or alley only if there is no alternative site near where it is needed. No dumpster shall partially or totally block any place of ingress or egress.
B. 
Each dumpster shall have at least four (4) reflectors placed on each side of the dumpster. Each reflector shall not be less than three (3) inches in diameter.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Dumpsters shall be properly and promptly emptied by the applicant, and under no condition shall the dumpster be filled beyond its rated capacity.

§ 112-6 Fees.

Upon filing of an application for a dumpster permit, the following fee of twenty-five dollars ($25.) shall be payable to the Village of Greenport.

§ 112-7 Penalties for offenses.

It shall be unlawful for any person, firm or corporation to place, put, position or situate a dumpster in violation of any provision of this Article or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to use any dumpster in a manner not permitted by an approved dumpster permit.
A. 
A person who shall knowingly violate any of the applicable provisions of this Article or any lawful order, notice, directive, permit or certificate of the Building Department made thereunder shall be guilty of disorderly conduct, and such person shall be a disorderly person and, upon conviction thereof, shall be subject to a maximum fine of two hundred fifty dollars ($250.) and a minimum fine of twenty-five dollars ($25.) or imprisonment for a term of not more than fifteen (15) days, or both. Each day during which there is a failure to comply with the provisions of this Article or of any order issued by the Building Department shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Except as provided otherwise by law, such a violation shall not be deemed a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness or otherwise of any person convicted thereof.
C. 
Upon violation of any of the provisions of this Article (e.g. a dumpster that is blocking access or one that has not been emptied properly), the permit can be revoked and the dumpster removed.[2]
[2]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Adopted 10-14-1993 as L.L. No. 5-1993]

§ 112-8 Definitions.

The following terms, as used in this Article, shall have the meanings indicated:
BRUSH AND GRASS
Trees, grass, brush, leaves or parts thereof, lawn clippings and other items resulting from the cleanup and maintenance of grounds.
GARBAGE
All decayable wastes, except sewage and body waters, including vegetable and animal offal, and shall include such substances accumulated on removal from any public or any private establishment or property and removed, including residences, but excluding recognizable industrial by-products, discarded wood or lumber, leaves or stones.
HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, paper booklet or any other printed or otherwise reproduced original or copies of any matter of literature.
LITTER
Garbage, refuse or rubbish, as such are defined herein, and all other waste materials.
PERSON
Any person, business, firm, partnership, association, corporation, renter, lessee or organization of any kind.
PRIVATE PROPERTY
Any property that is not public property as defined herein.
PUBLIC PROPERTY
Streets, sidewalks, parking lots, docks, boulevards, alleys, parks, beaches, squares, spaces, grounds or buildings owned by the Village of Greenport.
REFUSE
Includes rubbish and garbage.
RUBBISH
General dry waste material produced routinely by household, commercial or industrial establishments, such as paper, cans, bottles and other containers and ashes.
UNCONTAINED
Able to be moved or scattered by weather or not secured within a container.

§ 112-9 Deposit on public property prohibited; exceptions.

A. 
No person shall throw or deposit litter upon public property except in receptacles for the collection of such litter.
B. 
Notwithstanding the above, the owner or persons in control of private property may deposit brush and grass trimmings at the curbline of the highway or street that borders said property for pickup, but only during those periods of time and in such quantities as permitted and specified by notices published in the official newspapers of the Incorporated Village of Greenport.
C. 
No person shall deposit in a public receptacle any litter, garbage, refuse or rubbish accumulated on or removed from private property.

§ 112-10 No deposit of handbills.

A. 
No person shall throw or deposit any handbill upon public property.
B. 
No person shall deposit any handbill upon a vehicle;
C. 
No person shall throw or deposit a handbill upon any private property which is uninhabited or vacant, and, if inhabited, the handbill must be secured to prevent it from being blown about the premises or sidewalks, streets or other public property.

§ 112-11 Abandoned or unlicensed vehicles.

No person in charge of or in control of private property, whether as owner, lessee, tenant or occupant, shall permit abandoned, partially dismantled, junked, unregistered or inoperable motor vehicles, whether or not bearing thereon currently effective registration plates, tabs or stickers, to remain on such property for longer than ten (10) days. This regulation shall not apply with regard to any motor vehicle that is:
A. 
Wholly enclosed within a building or located upon the premises so as not to be visible from public property or adjoining private property;
B. 
Located upon premises situated in a district zoned for industrial use, or where such storage industrial use may lawfully be conducted on such premises.

§ 112-12 Deposit in bodies of water prohibited.

No person shall throw or deposit litter, garbage, refuse or rubbish in any lake, pond, stream or any other body of water within the Incorporated Village of Greenport.

§ 112-13 Deposit on private property prohibited.

No person shall throw or deposit litter, garbage, refuse or rubbish on private property, whether owned by him or not, except that the owner or person in control of private property may maintain private receptacles for collection of such litter, and the deposit therein is not prohibited.

§ 112-14 Maintenance of private property.

The owner or person in control of private property shall not permit or alter the accumulation of litter on said property. This section shall not be construed to prohibit the storage of litter in private properly secured receptacles or the creation and maintenance of a home composting facility for the production of compost from natural material to be used on and about private property. The owner of private property shall not cause or permit grass or grass-type vegetation to grow in excess of nine (9) inches.

§ 112-15 Responsibilities of owner or lessee.

The owner, agent, lessee, tenant, occupant and any other person in control of private property shall be responsible for keeping the adjacent sidewalks, flagging, curbstone, courts and alleys adjoining said private property free from litter, garbage, refuse and rubbish.

§ 112-16 Receptacles for commercial and residential premises.

A. 
Receptacles for commercial premises. Any garbage, refuse or rubbish placed outside commercial premises, visible to the public, shall be contained in a covered container sufficiently secure so as to prevent animals from gaining access to the contents thereof and shall be screened from public view with a solid enclosure or enclosure of dense vegetation on at least three (3) sides to a height of the height of the container or containers. Waste fluids must be properly contained, treated and regularly picked up as not to cause a health hazard or odorous problem.
B. 
Receptacles for residential premises. All receptacles maintained at residences for garbage or refuse or rubbish shall be transferred to the curb or roadside not more than twelve (12) hours before the pickup. Such receptacles shall be removed from the curb or roadside no less than twelve (12) hours after said collection.

§ 112-17 Illegal dumping.

No person shall deposit any major appliances, furniture, construction debris, litter, garbage, refuse or rubbish on public or private property in the Incorporated Village of Greenport.

§ 112-18 Enforcement.

[Amended 8-15-1996 by L.L. No. 5-1996]
The Building Inspector, Code Enforcement Officer or any Town of Southold police officer are hereby empowered and authorized to enforce this Article.

§ 112-19 Cost of maintenance; lien on property.

Any owner of real property located in the village who fails to cut, trim or remove brush, litter, garbage, refuse, rubbish or weeds after written notice to do so may, upon default thereof, have said brush, litter, garbage, refuse, rubbish or weeds cut, trimmed or removed by the village, and the cost thereof may be assessed and levied upon the real property on which such brush, litter, garbage, refuse, rubbish or weeds are found, and said cost shall constitute a lien and charge on the real property on which it is assessed and levied until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the manner provided by law.

§ 112-20 Penalties for offenses.

A first violation of any provision of this Article shall constitute a misdemeanor under the Penal Law of the State of New York and shall be punishable by a fine not to exceed seven hundred fifty dollars ($750.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. A second violation of any provision of this Article shall constitute a misdemeanor under the Penal Law of the State of New York and shall be punishable by a fine of not less than one thousand dollars ($1,000.), but not to exceed one thousand five hundred dollars ($1,500.), or by imprisonment for a term not exceeding fifteen (15) days, or both.