Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Village of Kings Point, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 10-15-1974 by L.L. No. 1-1974]
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
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]
NEWSPAPER
See definition of "newspaper"' in § 94-9 of this Code.
[Added 5-20-1982 by L.L. No. 3-1982]
REFUSE
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]
(1) 
The newspaper was placed on the lot or parcel by the owner or occupant thereof as part of the Village's recycling program and that said newspaper was bundled and secured in accordance with the provisions of Ch. 94, Art. III, of the Code of the Village of Kings Point;
(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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALLOW
Authorize, suffer, permit, allow, tolerate, solicit, request, command, importune, engage, and/or compensate.
DEPOSIT
Throw, cast, or deposit.
PRINTED MATTER
Handbills, dodgers, circulars, newspapers, booklets, posters, advertising, or other printed matter of any kind.
PROPERTY
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.
[1]
Editor's Note: Former § 94-17, Penalties for offenses, added 11-21-1977 by L.L. No. 5-1977, was repealed 5-19-2003 by L.L. No. 8-2003. See now Ch. 116, Penalties.
[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.