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Village of East Hills, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Hills 9-12-1983 by L.L. No. 1-1983 as Ch. 145 of the 1983 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Commission for Conservation of the Environment — See Ch. 15.
Air pollution — See Ch. 55.
Brush, grass and weeds — See Ch. 75.
Excavations — See Ch. 89.
Gardeners; tree services — See Ch. 107.
Parks and recreation areas — See Ch. 137.
Unsolicited printed materials — See Ch. 149.
Solid waste — See Ch. 173.
Streets and sidewalks — See Ch. 177.
This chapter shall be known and may be cited as the "East Hills Anti-Litter Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
GARBAGE
Any animal, mineral or vegetable refuse and waste matter, dead animals weighing not more than 10 pounds, carrion, offal, swill and similar materials.
[Amended 1-21-1997 by L.L. No. 3-1997]
LITTER
Includes garbage, refuse, rubbish and outdoor rubbish, as defined herein, and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety and welfare.
NUISANCE
The unreasonable, unwarrantable or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person in the legitimate enjoyment of his reasonable rights of person or property.
[Added 1-21-1997 by L.L. No. 3-1997]
OUTDOOR RUBBISH OR OUTSIDE RUBBISH
Hedge, garden or lawn clippings, weedings, dead or fallen leaves, parts or branches of trees, shrubbery and plantings and rakings of material from gardens, driveways and lawns.
[Amended 1-21-1997 by L.L. No. 3-1997]
PARK
Includes a park, reservation, playground, recreation center or any other public area in the Village, owned or used by the Village and devoted to active or passive recreation.
PRIVATE PREMISES
Includes any yard, grounds, walk, driveway, porch, steps or mailbox belonging or appurtenant to any dwelling, house, building or other structure.
PUBLIC PLACE
Includes any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
RUBBISH
Sweepings from buildings (except from buildings under construction, alterations and repairs), boxes, barrels, paper, rags, excelsior, straw, Christmas trees, old clothes, shoes, bedding, furniture or parts thereof, small rubber or wooden scrap and similar materials of a size and dimension as prescribed by the Garbage and Rubbish Ordinance of the Town of North Hempstead.
[Amended 1-21-1997 by L.L. No. 3-1997]
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.[1]
[1]
Editor's Note: Original § 145-3, Depositing litter on public land prohibited; placement of garbage from private property, as amended, which immediately followed this section, was repealed 1-21-1997 by L.L. No. 3-1997. Current provisions are now located in Ch. 173, Solid Waste, §§ 173-3, 173-4B and 173-8.
[Amended 1-21-1997 by L.L. No. 3-1997]
No person shall deposit any domestic rubbish or garbage in public litter receptacles.
No person shall throw or deposit litter in any park within the Village. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
No person, being the driver or a passenger in a vehicle, shall throw or deposit litter upon any street or public place within the Village or upon any private property.
A. 
No person shall transport in any truck or other vehicle, or in any other manner, through the public streets of the Village, any streets to which the public has access or over any land owned or controlled by the Village any stones, gravel, sand, cinders, dirt, brick, coal, liquids, pipes, wood, debris, ashes, waste material, rubbish, discarded boxes, barrels or other containers of merchandise or discarded material of any kind or description, consigned to a dump or to any other destination, unless the same is conveyed or transported in a truck, vehicle or other manner entirely covered or enclosed so that material cannot escape while being so transported. In the event that the same shall be transported or conveyed other than in an entirely closed truck, vehicle or otherwise, such material being so transported and conveyed shall be covered by a canvas or covering of a similar nature, securely fastened so as to prevent the material's escaping from the truck, vehicle or otherwise onto the streets, sidewalks, ways, public land or private property. It shall be unlawful for any person so to convey and transport stones, gravel, sand, cinders, dirt, brick, coal, liquids, pipes, wood, debris, ashes, rubbish, waste or discarded material of any nature through the public streets of the Village, on ways open to the public or over land owned or controlled by the public or to deposit or allow such material to escape onto the streets and other places while being so transported and conveyed. It shall be the duty of every person transporting and conveying such material to stop and recover the same, in the event of any escape or loss thereof, irrespective of the cause of the escape or loss.
B. 
The provisions of this section shall not apply to a duly authorized municipal employee or employee of any contractor retained or hired by the municipality and engaged in the repair or maintenance or care of such street, road, highway, sidewalk or other public place.[1]
[1]
Editor's Note: Original § 145-8, Posting of notices, which immediately followed this subsection, was repealed 1-21-1997 by L.L. No. 3-1997. Current provisions are now located in Ch. 149, Printed Materials, Unsolicited.
A. 
No person shall throw or deposit litter on any occupied private property within the Village in such a manner that it tends to create a danger to the public health, safety and welfare, whether owned by such person or not, except that the owner or person in control of private property may maintain private receptacles for collection, as authorized by this chapter. Litter shall be prevented from being carried or deposited by the elements from any such occupied private property to the street, sidewalk or other public place or upon any private property.
B. 
No person shall throw or deposit litter on any open or vacant private property within the Village, whether owned by such person or not, so that the same shall create a danger to the public health, safety and welfare.
[Amended 1-21-1997 by L.L. No. 3-1997]
The owner or person in control of any private property shall at all times maintain his or her premises free of litter so that the same does not constitute a danger to the public health, safety and welfare and does not create a nuisance. This section shall not prohibit the storage of litter in authorized private receptacles for collection.
[Amended 1-21-1997 by L.L. No. 3-1997]
Any person duly empowered by the Village Board of Trustees is hereby authorized and empowered to request the owner of any open occupied private or vacant private property within the Village, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to the public health, safety or welfare. Such request shall be by registered mail, addressed to the owner at his or her last known address.
[Amended 1-21-1997 by L.L. No. 3-1997]
Persons owning or occupying property shall keep the sidewalk in front or abutting any side of their premises free of litter.
[Amended 1-21-1997 by L.L. No. 3-1997]
Except as otherwise provided in § 1220 of the Vehicle and Traffic Law, any person violating the provisions of this chapter, or any part thereof, shall be subject to a penalty as prescribed in Chapter 1, General Provisions, Article III, for each offense. The issuance of a summons for such violation and/or the imposition of a penalty shall not relieve the person so violating this chapter from the obligation of immediately removing such garbage, refuse, rubbish or outdoor rubbish from any street, highway or public place where such dumping shall occur.
[Added 8-14-1995 by L.L. No. 4-1995]
Dumpsters and similar large receptacles for commercial and industrial refuse shall be shielded from public view by means of appropriate landscaping and/or architectural screening, subject to the approval of the Building Department, and shall be completely and securely covered at all times, except that such screening shall not be required in the case of temporary construction activity.