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)
BEDDING
Definitions.
For purposes of this section, the following terms shall have the meanings
indicated:
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.
