[HISTORY: Adopted by the Board of Trustees
of the Village of Hempstead 3-6-1990 by L.L. No. 4-1990. Amendments noted where
applicable.]
The intent of this chapter is to regulate, control
or prohibit the dumping, storing or placing of certain kinds of solid
or liquid waste material originating from inside or outside the boundaries
of the Village of Hempstead or creating a dump or dumping ground of
such materials within the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
A place used for the disposal and leaving of solid or liquid
waste by the public or by any person.
Includes an individual, firm, partnership, corporation, municipality
or association of individuals.
All putrescible and nonputrescible solid wastes, including
garbage, human sewage, rubbish, ashes, incinerator residue, street
and building demolition and construction debris, metals, tree stumps,
tree branches, tires, abandoned vehicles, offal, commercial and industrial
wastes and hazardous and toxic wastes as defined by the Department
of Environmental Conservation and the Environmental Protection Agency.
A.Â
The dumping, storing or placing of any kind of solid
or liquid waste material within the Village of Hempstead which is
picked up, brought or transported from inside or outside the Village
of Hempstead is hereby prohibited.
B.Â
The creation and/or operation of sanitary landfills,
dumps or dumping grounds within the Village of Hempstead for solid
or liquid waste coming from inside or outside the boundaries of the
Village of Hempstead is prohibited.
C.Â
There shall be no prohibition against the normal garbage
and refuse collection and disposal currently sanctioned by the Village.
[Amended 6-15-2010 by L.L. No. 14-2010]
Any person violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine in accordance with § 1-16 of the Village Code. The Village Board shall also have the power to bring civil action to restrain any violation of this chapter in a court of competent jurisdiction. When a violation of this chapter is continuous, each 24 hours thereof shall constitute a separate and distinct offense.
If any section, paragraph, subdivision or provision
of this chapter shall be adjudged invalid or held unconstitutional,
the same shall not effect the validity of this chapter as a whole
or any part or provision thereof, other than the part so decided to
be invalid or unconstitutional.
All prior ordinances, local laws or resolutions
or parts of ordinances, local laws or resolutions of the Village of
Hempstead inconsistent with the provisions of this chapter are hereby
repealed; provided, however, that such repeal shall be only to the
extent of such inconsistency, and in all respects this chapter shall
be in addition to other legislation regulating and governing the subject
matter covered by this chapter.
