[HISTORY: Adopted Orangetown Town Board 1-13-1969.]
Be it enacted by the Town Board of the Town of Orangetown as
follows:
The Town Board of the Town of Orangetown, being desirous of
providing for the public health, welfare and safety and being further
desirous of providing for the cleanliness, maintenance and preservation
of parking areas and other open areas provided for or required in
connection with any subject premises does hereby enact this local
law regulating the use and maintenance of parking areas, accessory
areas or other open space used in connection therewith.
Buffer zones, setbacks, side and rear yards or other areas,
surfaced or natural, or open space used in connection with subject
premises.
Material, goods, wares and merchandise and any ingredients,
parts or by-products thereof sold, offered for sale, manufactured,
processed, repaired or assembled by business or commercial firms or
private individuals and which have discardable waste matter whether
animal, fish, fowl, fruit or vegetable matter resulting from the use,
storage and growth of food, garden and tree fruits and vegetables,
yard trimmings (properly packed grass, small tree branches, cuttings
from shrubs, brush or hedges and leaves), tin, glass or other food
containers, discarded combustible and noncombustible waste materials,
swill, ashes, the residue from the combustible material, newspapers,
paper, rags, cartons, boxes, excelsior, straw, rubber, leather, metals,
mineral matter, crockery, dust and sweepings from buildings.
A covered container which is rodent, vermin and insect proof.
Any employee, visitor, customer or any other person upon
a subject premises, whether invited or not, directly or indirectly.
Space provided for the parking of vehicles together with
the means of ingress and egress thereto and the roads and driveways
of any subject premises.
Any premises which contains in whole or in part, any parking
area servicing any industrial, commercial (retail, wholesale or services
to the public), professional, educational, entertainment or recreational
area or in conjunction with apartments or multiple residences or other
areas regularly used for purposes or functions to which the general
public is invited, directly or indirectly, the ingress and egress
thereto, roads and driveways therein, buffer zones, setbacks or other
open space in connection therewith with respect to all of said areas
used in connection with such premises or any other open areas provided
for in connection with the issuance of a certificate of occupancy,
variance or special permit as required pursuant to the Zoning Code[1] of the Town of Orangetown or any law applicable to such
premises or use thereof.
A container with swing cover to receive hand carried discarded
paper and trash.
Owner, tenant, trustee, receiver, executor or other person
who controls in whole or in part any subject premises.
A.Â
Any user of a subject premises shall comply with the following
and the violation thereof shall constitute an offense and be punishable
under this law:
(1)Â
Keep same free and clear of dirt, debris, rubbish, garbage
and other obstructions and to keep the same properly repaired and
maintained.
(2)Â
Keep all roads, driveways, means of ingress and egress and parking areas free of snow and ice in order to permit proper use thereof in addition to the duties imposed pursuant to Subsection A(1) above.
[Amended 9-27-1995 by L.L. No. 7, 1995]
(3)Â
Clear all roads, driveways, means of ingress and egress
and parking areas of snow and ice within 10 hours after the snow has
stopped falling and continuously maintain said areas so that they
shall be continuously free of any accumulation of snow and ice.
[Amended 9-27-1995 by L.L. No. 7, 1995]
(4)Â
Keep all water drains and water drainage systems for said
parking areas, driveways and roads therein clean and in good working
order.
(5)Â
Keep all prescribed lights in good working condition and
lighted as required by law.
(6)Â
Keep all sidewalks, fences, buffer zones, side and rear
yards, setbacks clean, and the grass, shrubbery, retaining walls,
slopes and other space in connection therewith maintained. Curbings,
fences, screening or signs must be properly maintained.
(7)Â
Keep the parking lines for parking spaces properly painted
and marked.
(8)Â
Keep all exterior areas free and clear of the storage
of goods, wares and merchandise except for reasonable periods for
loading and unloading.
(9)Â
All garbage to be stored in the designated place or places
in proper garbage receptacles.
(10)Â
There shall be placed at convenient places proper
trash receptacles which shall be sufficiently serviced to prevent
overflow.
B.Â
Any invitee entering in or upon a subject premises or part
thereof who shall deposit litter or dump upon said premises or deface
any part or parts thereof shall be guilty of an offense and punishable
under this law in a court of competent jurisdiction pursuant to a
summons issued by the Director of the Office of Building, Zoning and
Planning Administration and Enforcement or his authorized agent or
upon any information filed by any person in control of such area in
whole or in part.
A.Â
This local law shall be administered and enforced by the
Director of the Office of Building, Zoning and Planning Administration
and Enforcement (hereinafter called "Director") of the Town of Orangetown.
B.Â
Upon the determination of the Director that a violation exists pursuant to § 23A-3A hereof, he shall serve a written notice requiring compliance with the law within five business days upon a person of suitable discretion in charge of the subject premises or any part or parts thereof and by mailing a copy thereof addressed to the owner of record of such land at the address shown on the last preceding assessment roll. Such notice shall specify the violations hereunder. If said violation is not complied with upon the termination of said five-business-day period, the Director is authorized, empowered and permitted to issue a violation punishable hereunder and to apply for relief hereunder to a Magistrate or any other court of competent jurisdiction by the filing of information alleging the violation hereof.
[Amended 5-10-1993 by L.L. No. 11, 1993]
C.Â
In addition to any penalty under the law where screening facilities in the area within the jurisdiction of the Town of Orangetown are required by the appropriate agency or law appertaining thereto, the Director, upon the direction of the Town Board, is hereby authorized and empowered to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening on land within the jurisdiction of the Town of Orangetown where such screening facilities are required by the following agencies of the Town of Orangetown: the Zoning Board of Appeals, the Planning Board, the Historic Areas Board of Review, the Architecture and Community Appearance Board of Review or such other department or agency of the Town of Orangetown having jurisdiction of the premises or Chapter 43, Zoning, and Chapter 21, Land Development Regulations, of the Town of Orangetown or such other law or ordinance affecting said premises, and there is a failure to comply with such direction and if, after giving 30 days' notice by registered mail addressed to the owner of record of such land at the address shown on the last preceding assessment roll, such fences, trees, plantings shrubbery or other screening are not so erected, replaced, repaired or maintained by or on behalf of such owner. All costs and expenses so incurred by the Town in connection with any action taken as above are hereby directed, upon completion, to be assessed against the land on which such screening facilities are located. A copy of this subsection shall be attached to any notice sent under this subsection.
This law is not in limitation of any other law, rule, regulation,
order or certificate which may affect any premises subject to this
law or any penalty, fine or liability thereunder, but is in addition
thereto. Any inconsistent local law, regulation, order or certificate
or part thereof in conflict with this law is hereby repealed insofar
as it may affect the enforcement of this law.
A.Â
Any violation by a person, firm or corporation of any provision
of this local law shall be deemed an offense punishable by a fine
not to exceed $250 or imprisonment for a period not to exceed six
months, or both.
[Amended 5-10-1993 by L.L. No. 11, 1993]
B.Â
Any person who takes part in or assists in any violation
of this local law shall also be subject to the penalties provided
herein.
C.Â
Each day that a violation of this local law is committed
or is permitted to exist shall constitute a separate offense.
The declaration of any portion of this law to be invalid by
a court of competent jurisdiction shall not invalidate the entire
law but only that part thereof so declared to be invalid. The remainder
of this law shall remain in full force and effect.
Any title enumerated under this law is for organization purposes
only and shall not be deemed part of the text of this law.
This local law shall take effect immediately.
