[HISTORY: Adopted by the Town Board of the Town of Babylon 12-16-1969. Amendments noted where applicable.]
It is found and declared that by reason of accumulation of litter, rubbish and garbage in certain areas of the Town of Babylon the health, safety and welfare of the citizens of the community has been impaired. By reason of timely regulations and restrictions as herein contained, the growth of blight may be prevented, the neighborhood and property values thereby maintained and the public health, safety and welfare of the citizens of the Town protected and fostered.
The following definitions shall govern the interpretation of this chapter unless otherwise expressly defined herein. Words used in the singular shall include the plural and vice versa. The work "shall" is always mandatory.
As used in this chapter, the following terms shall have the meanings indicated:
- Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- Garbage, rubbish and any other waste material which, if thrown or deposited as herein prohibited, tends to create a hazard to the public health, safety and welfare or creates unsightliness.
- Includes a natural person or persons, corporations, copartnerships, unincorporated associations or any other organizations of two or more persons who is or are the owners, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or agent directly or indirectly in control of a building within the confines of the Town as defined aforesaid.
- Includes all areas within the Town of Babylon, exclusive of areas wholly within any incorporated village.
No persons shall deposit, throw or scatter or cause to be deposited or scattered any litter, filth, dirt, ashes, junk, garbage, wastepaper, dust, rubbish, sticks, stones, grass, wood, leaves, paper or paper boxes, iron, tin, nails, bottles, kind of rubbish or waste material upon any sidewalk, highway or public place or upon any vacant or improved lot, piece or parcel of ground abutting upon any sidewalk, highway or public place or upon any private property within the Town.
No person shall sweep into or deposit or cause, suffer or permit to be swept into or deposited in any gutter, street or other public place within the Town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or located as to prevent any load, contents or litter from being blown or deposited upon any street, alley, sidewalk or other public place.
[Amended 4-7-1976 by L.L. No. 11-1976]
The Commissioner of Environmental Control of the Town of Babylon is hereby authorized to enforce this chapter. The Commissioner of Environmental Control or any Deputy Commissioner or other Town employee authorized by said Commissioner may issue summonses returnable before any court having the jurisdiction for the violation of any provision of this chapter.
Editor's Note: Local Law No. 11-1976 abolished the Department of Sanitation, under the Director of Sanitation, and created the Department of Environmental Control, headed by the Commissioner of Environmental Control. The powers and duties of said Department of Sanitation were transfered to the Department of Environmental Control. For the text of L.L. No. 11-1976, see Ch. 20.
[Amended 11-6-2008 by L.L. No. 27-2008]
Any person who shall violate any of the provisions of this chapter or who shall fail to comply therewith or with any of the requirements thereof shall be guilty of a violation and, upon conviction thereof, a fine of not less than $250 nor more than $1,000 must be imposed or a term of imprisonment for a period not to exceed 15 days may be imposed, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, shall be guilty of a violation and, upon conviction, a fine of not less than $1,000 nor more than $2,500 must be imposed or a term of imprisonment for a period not to exceed 15 days may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, shall be guilty of a violation and a fine of not less than $2,500 nor more than $5,000 must be imposed or a term of imprisonment for a period not to exceed 15 days may be imposed, or both.