A. 
The head of the Sanitation Department, any police officer or any person otherwise designated by the Board of Trustees for the performance of such duty shall be permitted to inspect any premises in the Village at reasonable times in order to determine whether a condition exists which is violative of this Code. Said inspector, at his/her discretion, shall issue a summons to the owner, lessee, agent, occupant or person in possession and control of the premises for the violations of this article. A continuance of a violation of this article after conviction shall constitute a new offense.
[Amended 12-16-2008 by L.L. No. 15-2008]
B. 
In the event of any violation of the provisions of this article, it shall be deemed proper service to affix the resulting summons to the subject premises in a conspicuous place and mail a copy by certified mail or regular mail to the owner(s), tenant(s), agent(s) or personally serve the owner(s), tenant(s), agent(s) or lessee, who shall be subject to penalties as may be provided for by law.
It shall be unlawful for any person to bury, accumulate or burn, or permit to be buried, accumulated or burned, any garbage or refuse on any premises.
[Amended 9-2-1998 by L.L. No. 7-1998]
It shall be unlawful for any person to maintain any dump or to dump or permit the dumping of garbage, refuse, trash, rubbish or any boxes, carton, automobile parts or similar items except as may be legally permitted pursuant to this Code, or to accumulate, disperse, scatter or permit the accumulation, dispersal or scattering of garbage, refuse, trash, rubbish, debris, waste material, wastewater, raw sewage or fecal matter of any sort on or about any lawn, lot, alley, street, sidewalk, backyard, driveway, catch basin or in any building, structure, culvert or stream, or to throw, place or discard, or cause to be thrown, placed or discarded, any junk, garbage or refuse at any place in the Village except as may be specifically authorized by this Code.
It shall be unlawful for any person to maintain any manure pile at any place within the Village, except that the reasonable use of fertilizer for lawns and gardens shall be permitted.
A. 
Generally. Garbage, rubbish and refuse will be collected by the Department of Sanitation at such hours as may be provided from time to time by the Board of Trustees. It shall be the duty of the owners or occupants of the premises to make such garbage, rubbish and refuse available at such times and in such containers as required by this chapter, either at the curbline in front of the premises or at such other locations upon the premises as may be approved in writing by the Superintendent of Public Works. In the latter event, it shall be the responsibility of the owners or occupants of the premises to provide proper access to same at all times for Village vehicles.
B. 
Containers.
(1) 
Containers shall be provided by the owners or occupants of the premises, who shall maintain same in a proper state of repair at all times and replace same when necessary. Containers shall be watertight, shall be kept covered with a cover and shall not contain more than four cubic feet, not to exceed 32 gallons' capacity, and when filled shall not exceed 75 pounds in total weight. Receptacles containing garbage, rubbish or refuse shall be free of water or wet materials.
(2) 
Persons having management or control over any building used exclusively as a residential domicile for not more than four families shall provide sufficient receptacles to hold garbage, rubbish or refuse ordinarily accumulated by the occupants of such building over a period of 96 consecutive hours. Any waste material other than garbage which cannot be readily deposited in receptacles may be compacted and securely bundled, tied or packed so as to be easily handled, but not weighing more than 75 pounds and not likely to be scattered, and, when packed and secured, shall be placed alongside such receptacles and shall not exceed dimensions of two feet by two feet by four feet.
(3) 
Garbage consisting of liquid or combustible matter shall be placed in proper, nonleaking metal or plastic containers furnished with covers, or in nonleaking plastic bags of not less than two mils in thickness and 17 by 17 inches by 31 inches by 40 inches in size, properly tied, and shall be kept separate from ashes, glass, crockery and other noncombustible materials. No plastic bag when filled shall weigh more than 35 pounds. The Department of Sanitation shall not be required to remove any container weighing more than 75 pounds. However, the size and number of containers may be other than as provided for hereinabove, provided the approval in writing for same is first obtained from the Superintendent of Public Works.
C. 
Garbage, rubbish and refuse not in containers. Garbage, rubbish and refuse not placed in containers as aforesaid or conforming to the regulations set forth herein shall not be placed upon the curbline for collection, but shall be removed either at the owner's expense or by special agreement with and approval by the Department of Sanitation and in conformity with instructions from said Department in each particular case. Refuse consisting of building materials shall be removed at the owner's expense.
D. 
Separation of newspaper waste. Newspaper waste (discarded newspapers, except glossy paper, magazines and similar paper) shall be placed and maintained for pickup, collection and recycling as provided in this section. It shall be mandatory for persons who are owners, lessees or occupants of residential dwellings to separately bundle newspapers for pickup, collection and recycling. Newspaper waste shall be compactly and securely bundled to avoid scattering, tied and packed so as to be easily handled, and shall not weigh more than 50 pounds. Newspaper waste shall be placed at the curb for pickup, collection and recycling. It shall become the property of the Village of Hempstead, and any person other than a representative of the Village of Hempstead or a person acting on behalf of any religious, charitable or veterans organization having a charities registration number with the New York State Department of Social Services who picks up said newspaper waste for his own use shall be deemed to be in violation of this section.
E. 
Dead animals, parts. No dead animals or parts thereof shall be inserted in any garbage, rubbish or refuse container. However, such carcass will be removed by the Department of Sanitation by special agreement.
F. 
Collection of bedding.
[Added 2-1-2011 by L.L. No. 2-2011]
(1) 
Definitions. For purposes of this section, the following terms shall have the meanings indicated:
BEDDING
Any mattress or box spring which can be used by any human being for sleeping or reclining purposes.
(2) 
Any person disposing of bedding for Department collection shall enclose such bedding within one bedbug-proof bag. Such bag shall be constructed in such a manner and be of such size as to readily contain the bedding to be disposed of. Such bag must be securely sealed after the bedding is placed inside.
(3) 
Failure to enclose any bedding placed at the curbside or other designated area for collection by the department within a plastic bag pursuant to this section shall be deemed a violation of this section.
The Superintendent of Public Works shall not accept any material which is not suitable for incineration or which does not originate within the corporate limits of the Village.
The Superintendent of Public Works shall designate the areas in the Village wherein daytime collection or nighttime collection of garbage, rubbish and refuse shall be made.
A. 
Placement.
(1) 
In areas designated for daytime collection, garbage, rubbish and refuse shall not be placed for collection prior to 10:00 p.m. of the day preceding the scheduled day of collection nor after 8:00 a.m. on the day scheduled for collection.
(2) 
In areas designated for nighttime collection, garbage, rubbish and refuse shall not be placed for collection prior to 5:00 p.m. nor later than 6:00 p.m. on the day of such collection.
(3) 
In no event shall garbage, rubbish and refuse be placed or caused to remain upon any sidewalk, curb or street in any areas designated for daytime collection on any Saturday, Sunday or holiday, nor in any areas designated for nighttime collection on any Sunday or holiday.
B. 
All containers shall be removed within eight hours after collection.
It shall be unlawful for any person to place garbage, rubbish or refuse which is not enclosed in a container and conforming to the regulations hereinabove set forth upon the curb, sidewalk, street or any other place for collection.
It shall be unlawful for any person except those employed by the Village or by a contractor who has a contract with the Village, to take, remove or collect tin cans, metal, rags, bones, paper, cardboard, garbage, rubbish or refuse or the contents of any box, barrel or other container placed upon any street or sidewalk for removal therefrom by the Village, or to tamper with, spill, disturb or interfere with any tin cans, metal, rags, paper, cardboard, bones, garbage, rubbish or refuse of any kind contained in any such boxes, barrels or other containers.
A. 
License requirements. Nothing contained herein or in § 74-13 shall prevent the Board of Trustees from issuing a license or licenses for the removal of garbage, rubbish or refuse from private property in the business section of the Village. Any such license shall be issued upon written application and shall state the name and address of the person making the application; the name and nature of the business sought to be conducted; the place where vehicles, if any, used in the applicant's business are regularly kept or stored; the place and manner of disposition of garbage, rubbish and refuse collected; the names and addresses of the firms from which the said garbage, rubbish or refuse is to be removed; and such other information as may be required by the Board of Trustees. The annual fee for such business shall be as specified in § 86-13 of this Code.
B. 
Nonprofit organization. Nothing contained herein or in § 74-13 shall prevent the Board of Trustees from granting permission to any nonprofit society or organization, the regular meeting place of which is within the Village, for the removal of paper, paper products, metal and metal products placed in front of residential premises by the residents therein for the sole purpose of being collected by such society or organization. Application for such permission must be in writing. No fee shall be charged for such permission, and such permission shall be granted to only one such society or organization on any one day.
[Added 10-18-1983 by L.L. No. 12-1983; 4-17-1990 by L.L. No. 6-1990]
The following restrictions apply to collection practices in commercial districts and are not to apply to private collection operations, unless otherwise prescribed in this article.
A. 
Collection from commercial or business areas will be restricted to the hours of 6:00 p.m. to 1:00 a.m. on scheduled days or changed as needed by order of the Superintendent of Public Works.
B. 
All refuse shall be in a container commercially manufactured for that purpose, not exceeding 30 gallons in size, except as otherwise prescribed hereunder, and have a tight-fitting cover with a maximum filled weight of 75 pounds. Commercial collection shall be limited to 10 containers per collection.
[Amended 5-6-1997 by L.L. No. 3-1997]
C. 
Use of barrels, drums, kegs, cardboard boxes or cloth bags for collection containing garbage or rubbish is prohibited.
D. 
Refuse shall be placed for collection before 7:00 a.m. for daytime collection and before 6:00 p.m. (but not prior to 5:00 p.m.) for nighttime collection. However, refuse shall not be placed for collection before 7:00 p.m. on the day prior to collection.
E. 
Empty receptacles shall be removed from the curb area within three hours after collection.
F. 
Refuse receptacles shall be stored on property only on a location adjacent to a principal or accessory use building, but in no event shall such receptacle be stored forward of the front building line of the principal structure.
G. 
It shall henceforth be illegal for any person to construct, place or build facilities for the storage of receptacles below property grades (underground).
H. 
Receptacles shall not be placed for collection inside or within any building, accessory use building or garage.
I. 
No employee of the Department of Public Works in the course of his duties shall be required to enter a building or structure to gather or collect any refuse.
J. 
No employee shall accept or receive any tip or gratuity for the performance of his duties or solicit money for any purpose in connection therewith.
K. 
Excessive accumulation of refuse in the Village.
(1) 
Any accumulation of refuse and any waste building materials in excess of ordinary accumulation thereof resulting from failure of any person to comply with any provision of this chapter or from his failure to take advantage of the regular collection service maintained and operated by the Village's Department of Public Works shall be removed by such person at his or her own expense.
(2) 
On scheduled days, the Department of Public Works will collect amounts of all classes of refuse from the premises in accordance with the limitations set forth pursuant to this chapter, but where abnormal amounts are placed for collection, the Department of Public Works reserves the right to refuse the material, to defer the collection or to collect the material in part.
(3) 
Trees, tree branches and trimmings, large bushes, logs, cardboard, etc., shall be securely tied in bundles not in excess of 75 pounds, nor more than four feet in length and 24 inches in any other dimension. Each bundle shall be considered as one thirty-gallon container.
A. 
Scope of term. Every vehicle of whatever description used in carting or transporting dirt, ashes, garbage, swill, offal, manure or other nauseating or offensive substances shall be deemed a dirt cart.
B. 
Licensing. Upon the payment of the fee prescribed in § 86-13 of this Code, the Board of Trustees may issue a license to the owner of a vehicle described in Subsection A, together with a plate, to be affixed to a conspicuous and indispensable part of such dirt cart, on which shall be clearly set forth the official number of the vehicle with the words "dirt cart."
C. 
Box, cover required. Every such vehicle of whatever description, whether or not described as a dirt cart, shall be furnished with a good and tight box and shall be securely covered when loaded so as to prevent the contents from being scattered upon the streets. Any cart or other vehicle used for carrying or containing a dead animal shall be equipped with a cover and such dead animal shall be concealed from view while the same is being transported.
D. 
Operation. No cart or other vehicle used for carrying or containing any garbage, swill, offal, manure or other nauseating or offensive substance or the contents of any privy, vault, cesspool or sink shall, without necessity therefor, be allowed to stand or remain before or near any building, place of business or other premises; nor shall the loading or unloading of any such cart or vehicle or the conveying thereof through any street, place or premises consume an unreasonable period of time.
E. 
Sanitary provisions. Such carts, vehicles and all implements used in connection therewith shall be kept in an inoffensive and sanitary condition, and when not in use, shall be stored and kept in a place where no needless offense shall be given.