[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Ch. III, Art. II, of the 1938
Code of Ordinances; amended 4-12-1960 (Ch. 144 of the 1981 Code)]
[Amended 11-30-1981 by L.L. No. 9-1981]
All garbage shall be kept in a metal or plastic
container equipped with handles and a properly fitted watertight cover.
Such container shall be kept and maintained neatly and cleanly in
a place and in a manner accessible for collection at the rear of the
dwelling, house or building. No container, refuse, trash, rubbish
or other material shall be maintained in a place closer than seven
feet from any property line.
[Amended 6-10-1986 by L.L. No. 3-1986; 6-22-2004 by L.L. No. 2-2004]
All garbage, ashes, combustible and noncombustible
rubbish, refuse, trash, tree branches, grass cuttings, clippings of
any kind, stones, glass and other materials shall be prepared for
collection in such manner as prescribed in the regulations of the
Sanitation Department in effect from time to time.
[Amended 6-10-1986 by L.L. No. 3-1986; 6-22-2004 by L.L. No. 2-2004]
Such refuse, rubbish, trash and other materials
as are required to be placed at the curb for collection as set forth
in the regulations of the Sanitation Department shall be placed between
the curb and the sidewalk or property line not earlier than 6:00 p.m.
on the day immediately preceding the day of collection and not later
than 9:00 a.m. on the day of collection designated for the particular
area, district or street. Except as aforesaid and on the designated
day of collection, no refuse, rubbish, trash or other materials shall
be placed, kept or maintained at the curb.
[Added 6-22-2004 by L.L.
No. 2-2004]
The property owner or lessee of a residence
or business will be held responsible for any and all material being
placed on the street or curb area before the prescribed times outlined
in this article.
[Amended 6-10-1986 by L.L. No. 3-1986; amended 6-22-2004 by L.L. No. 2-2004]
Prior to the promulgation of any regulations
by the Sanitation Department, the same shall be approved and adopted
by a resolution of the Board of Trustees, and after adoption such
regulations shall be posted in the offices of the Superintendent of
Public Works and the Village Clerk.
Should the person or persons charged fail or
refuse to perform any or all of the duties prescribed in this article,
then the Board of Trustees shall cause the omitted duty or duties
to be performed and the expense thereof to be assessed upon the land
of the owner thus failing or refusing.
[Amended 6-22-2004 by L.L. No. 2-2004]
A person is guilty of improper dumping when
he or she deposits household rubbish articles into a Village street
trash receptacle.
[Added 11-30-1981 by L.L. No. 9-1981; 5-25-2021 by L.L. No. 7-2021; 10-10-2023 by L.L. No. 6-2023]
A.
It shall be expressly prohibited for any homeowner, agent, renter, or occupant to place and store excessive amounts of rubbish, refuse, bulk items, furniture, or any type of discarded materials on part of the real property belonging to the property owner, or whose renter or occupant has control thereof, for any extended period, except for normal rubbish collection days and times, in accordance with the provisions of this Chapter 302, Solid Waste, Article I, Garbage Disposal, and Chapter 269, Property Maintenance, of the Code of the Village of Babylon.
(1)
The
Sanitation Department shall determine what constitutes an excessive
amount of garbage, rubbish, refuse, bulk items, furniture, or any
type of discarded materials.
(2)
It
shall be expressly prohibited for any homeowner, agent, renter, or
occupant, upon vacating or moving from a home or apartment, to allow
any furniture, appliance, fixture, table, chairs, rugs, or otherwise
any contents of the home or apartment to be discarded, placed and
left on a street or Village right-of-way.
B.
Any person committing an offense against any provision
of this article shall, upon
conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $1,500
or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the
provisions of this article shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.
C.
In addition
or as an alternative to the above-provided penalties, the Board of
Trustees may also maintain an action or proceeding in the name of
the Village in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this article.
[Added 6-10-1986 by L.L. No. 3-1986]
It shall be unlawful to collect any garbage,
rubbish, ashes, trash, tree branches, grass cuttings, clippings of
any kind, stoves, glass or any kind of refuse or garbage before the
hour of 6:00 a.m.
[Added 11-27-2001 by L.L. No. 5-2001]
On all commercial development or rehabilitation
of established shopping centers, stores, or commercial buildings,
application must be made to the Department of Planning of the Village
of Babylon to determine the location and size of dumpsters.
[Added 11-27-2001 by L.L. No. 5-2001]
In commercial areas, all dumpsters shall be
enclosed and covered.
[Added 11-27-2001 by L.L. No. 5-2001; amended 6-22-2004 by L.L. No. 2-2004]
The owner, agent or occupant of any business premises in the Village of Babylon shall be responsible for the sanitary condition of the premises owned or occupied by him or her, as set forth in Chapter 269, Property Maintenance, Article II, Requirements; and Chapter 308, Streets and Sidewalks, Article I, Prohibited Obstructions, § 308-3, Merchants to keep sidewalks free of litter.
