[Amended 10-7-2003 by L.L. No. 22-2003; 3-7-2006 by L.L. No. 8-2006; 6-19-2007 by L.L. No. 13-2007; 4-9-2008 by L.L. No. 9-2008; 4-27-2022 by L.L. No. 10-2022]
A.
Any owner, lessee, occupant, person or entity who
shall fail or refuse to comply with the provisions of any written
notice herein provided for or who shall refuse to remove any motor
vehicle, appliance, solid waste, rubbish or debris, shall be guilty
of an offense punishable by a fine of not less than $500 nor more
than $2,500 or by imprisonment for a period not exceeding 15 days,
or by both fine and imprisonment. The mandatory minimum fine must
be imposed and there shall be no discretion in imposing the mandatory
minimum fine; no unconditional discharge or any other sentence which
does not include the mandatory minimum fine or term of imprisonment
may be imposed, except upon application of the Special Assistant District
Attorney and consent of the court. Each day that such violation shall
be permitted to continue shall constitute a separate offense hereunder.
[Amended 12-20-2023 by L.L. No. 25-2023]
B.
Notwithstanding any other provision of this chapter, but except as provided in Subsections C, D and/or E below, upon conviction of a first offense based on a violation of any provision of this chapter, a fine of not less than $500 nor more than $2,500 must be imposed and imprisonment for a period not exceeding 15 days for each offense may be imposed; upon conviction of a second offense based on a violation of any provision of this chapter committed within five years of the first offense, a fine of not less than $2,500 nor more than $5,000 must be imposed and imprisonment for a period not exceeding 15 days for each offense may be imposed; and upon conviction of a third or subsequent offense based on a violation of any provision of this chapter committed within five years of the first offense, a fine of not less than $5,000 nor more than $7,500 must be imposed and imprisonment for a period not exceeding 15 days for each offense may be imposed, and upon conviction of any offense based on a violation of this chapter, by plea or trial, the mandatory minimum fine must be imposed and there shall be no discretion in imposing the mandatory minimum fine; no unconditional discharge or any other sentence which does not include the mandatory or imprisonment may be imposed, except upon application of the Special Assistant District Attorney and consent of the court. Each day that such violation shall be permitted to continue shall constitute a separate offense hereunder.
C.
Upon conviction of a first offense based on a violation of § 133-35A, B and/or C, a fine of not less than $1,500 nor more than $5,000 must be imposed and, after notice and hearing by the Sanitation Commission, a suspension of a license issued hereunder for a period of not less than 15 days. A second or subsequent offense based on a violation of § 133-35A, B and/or C committed within five years of the first offense shall be punishable as a misdemeanor and a fine of not less than $2,500 nor more than $10,000 must be imposed and imprisonment of 15 days or more may be imposed, and, after notice and hearing by the Sanitation Commission, a license issued hereunder is subject to suspension for a period of not less than 30 days. A third offense based on a violation of § 133-35A, B and/or C committed within five years of the first offense shall result in, after notice and hearing by the Sanitation Commission, the revocation of a license issued hereunder.
D.
Upon conviction for any action by any person, firm, corporation or other entity which violates or does not comply with any provision of Article V or any regulation thereof, a fine of not less than $500 nor more than $2,500 must be imposed upon a third or subsequent offense committed within five years of the first offense.
[Amended 12-20-2023 by L.L. No. 25-2023]
E.
Upon a conviction for an offense based on the violation of § 133-7, a fine of not less than $2,000 nor more than $5,000 must be imposed; provided, however, that for any violation of § 133-7 that results in an expense for cleanup, remediation or disposal to the Town and/or a recycling contractor, a fine of not less than $2,000 nor more than $5,000 must be imposed, plus the cost of cleanup, remediation and disposal of the hazardous waste or unacceptable waste causing such violation. In addition, a violation of § 133-7 shall be punishable, after notice and hearing by the Sanitation Commission, by a suspension of a license issued hereunder for a period of not less than 15 days, and a second violation of § 133-7 within one year of the date of a first violation shall be punishable, after notice and hearing by the Sanitation Commission, by a revocation of a license issued hereunder.
F.
Any person or entity found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines set forth in Subsections A, B, C, D and E for the respective violations referenced therein for a first offense and subsequent offenses. Liability findings by the Bureau of Administrative Adjudication, either alone or in combination with criminal convictions, can likewise form the predicate for license suspension or revocation pursuant to Subsections C and E.
A.
By a vehicle's entry into the Babylon resource recovery
facility or the recycling facility, the owner and operator of the
vehicle shall be deemed to consent to the searches and seizures hereinafter
provided.
B.
Any vehicle which enters the Babylon resource recovery
facility or the recycling facility may be searched and its contents
examined by Town of Babylon employees or agents acting pursuant to
agreement with the Town to determine compliance with the prohibitions
against hazardous waste or unacceptable waste, as previously provided
for herein.
C.
Any police officer or peace officer shall have the
power to seize, without a warrant, for conservation, health, safety
or evidentiary purposes, an item he has cause to believe is a hazardous
waste. An item seized under this subsection shall be disposed of as
deemed appropriate by the Commissioner.
D.
The seized vehicle shall be delivered by the police
officer or peace officer having made the seizure to the custody of
the Babylon Town Attorney, together with a report of all the facts
and circumstances of the seizures, as soon as practical under the
circumstances.
E.
It shall be the duty of the Babylon Town Attorney to inquire into the facts of any seizure reported to the Babylon Town Attorney and, if it appears probable that a forfeiture has been incurred by reason of a violation of § 133-35A, B and/or C and § 133-36A for the determination of which the institution of proceedings in the Supreme Court is necessary, to cause the proper proceedings to be commenced and prosecuted, at any time after 30 days from the date of seizure, to declare such forfeiture, unless, upon inquiry and examination, the Babylon Town Attorney decides that such proceedings cannot probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case the Babylon Town Attorney shall cause such seized property to be returned to the owner thereof. The Babylon Town Attorney shall make his determination whether or not it appears probable that a forfeiture has been incurred within one business day after the delivery of the vehicle and/or container to his custody.
F.
Notice of the institution of the forfeiture proceeding
shall be served either personally on the owner of the seized vehicle
and/or container or by registered mail to the owner's last known address
and by publication of the notice once a week for two successive weeks
in a newspaper published or circulated in the Town of Babylon.
G.
Forfeiture shall not be adjudged where the Town fails to establish by preponderance of the evidence that the use of such seized vehicle and/or container in violation of § 133-35A, B and/or C was intentional on the part of the owner of said seized vehicle and/or container if said vehicle was used in violation of § 133-36A by any person other than an owner thereof while such seized vehicle was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or of any state.
H.
No suit or action under this section alleging wrongful
seizure shall be instituted unless such suit or action is commenced
within two years after the time when the property was seized.
The owner, lessee, tenant or other person having
the management or control of or occupying any lot or plot of land
in the Town of Babylon shall keep such land at all times free and
clear of solid waste, ashes, rubbish, refuse, grass cuttings, leaves,
garbage, waste materials, offal or any offensive substances, except
such as are deposited in containers or are otherwise secured as provided
for in this chapter.
No person shall deposit, throw, cast or bury
solid waste, rubbish, ashes, refuse, grass cuttings, tree cuttings,
leaves, garbage, waste material, offal or any offensive substance
on any vacant land or plot of land in the Town of Babylon.
[Amended 6-6-2000 by L.L. No. 14-2000; 12-18-2001 by L.L. No.
11-2001]
A.
It shall be unlawful for any person to store, deposit,
place, maintain or cause or permit to be stored, deposited, placed
or maintained any roll-off upon any portion of any street, lane, sidewalk,
roadway or highway located within the Town.
B.
Any roll-off left in violation of § 213-250.1F of this Code which shall unlawfully obstruct or impede traffic or remain on any street, lane, sidewalk, roadway or highway shall be deemed to have been abandoned, and such roll-off may be removed and stored in the manner set forth in Chapter 6 of the Uniform Code of Traffic Ordinances.
A.
It shall be unlawful to use a licensed collection
vehicle for the disposal of hazardous waste, as defined herein, at
the Babylon resource recovery facility or the recycling facility.
Furthermore, it shall be unlawful to utilize a licensed collection
vehicle for the transport or storage of hazardous waste, as defined
herein, in the Town of Babylon.
B.
It shall be unlawful to collect any garbage, solid
waste, rubbish or debris, ashes, recyclable material or refuse between
the hours of 4:30 p.m. and 6:00 a.m. Notwithstanding the foregoing,
the Solid Waste Administrator, upon the consent of the Sanitation
Commission, may approve the regular collection of garbage, solid waste,
rubbish or debris, ashes, recyclable material or refuse within the
Residential or Commercial Garbage District No. 2 between the hours
of 4:00 a.m. and 6:00 a.m., upon the written request of the carter
licensed by the Town to service such customer.
[Amended 12-5-2000 by L.L. No. 26-2000; 4-23-2013 by L.L. No. 10-2013]
C.
It shall be unlawful for any person, partnership or
corporation to fail to remove from or permit to be stored on the property
of a commercial customer a collection container of one cubic yard
or more within 30 days after said customer vacates, abandons or ceases
to operate a commercial establishment at said location.
A.
It shall be unlawful for any person to enter into
any agreement or arrangement, whether a fee is paid therefor or not,
whereby a person not licensed by the Commission pursuant to this chapter
removes solid waste, rubbish or debris, recyclable material or construction
and demolition debris within the Town.
B.
No person shall be cited for a violation of this section
unless given an opportunity to terminate the agreement or arrangement
with the unlicensed collector within 24 hours of receipt of a notice
from the Town advising that the collector being used is unlicensed
and said person refuses to terminate said agreement or arrangement
within the twenty-four-hour period.
[Amended 12-18-2001 by L.L. No. 11-2001]
