[HISTORY: Adopted by the Board of Trustees
of the Village of Northport as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-4-1966 by L.L. No. 3-1966
as Ch. 35 of the 1966 Code]
The improper storage of garbage and refuse,
and indiscriminate littering is unsightly and a detriment to the preservation
of public health, the protection of property and the safety and welfare
of the residents of the Village of Northport. The control of the types
and storage of garbage containers to prevent depredation by animals,
and the prevention of unsightly littering are therefore regulated
for the preservation of the public health, safety and welfare of the
residents of the Village of Northport.
As used herein the following words shall mean
and are hereby defined as follows:
Any animal or vegetable matter capable of fermentation or
decay.
Garbage, refuse, and rubbish as defined herein and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the United States Postal Service,
in accordance with federal statute or regulations and any newspaper
filed and recorded with any recording officer as provided by general
law; and, in addition thereto, shall mean and include any periodical
or current magazine regularly published with not less than four issues
per year and sold to the public.
Any printed or written matter; any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper or booklet;
or any other printed or otherwise reproduced original or copies of
any matter or literature not included in the aforesaid definitions
of a commercial handbill or newspaper.
A park, reservation, playground, recreation center or any
other public area in the village, owned or used by the village and
devoted to active or passive recreation.
An individual, partnership, association or corporation.
Land, buildings or other structures, vehicles or parts thereof,
upon or in which the refuse or garbage is stored.
Any material source-separated from the solid waste stream
so designated in regulations adopted by the village from time to time,
generally limited to materials which can be recovered, processed and
reused for the original or a different purpose, which shall include
but not be limited to paper and paper products, cardboard, metals,
glass and plastic containers. In no event shall material contaminated
by garbage, refuse or rubbish be considered a recyclable material.
[Added 11-2-1999 by L.L. No. 14-1999]
All solid wastes of a community other than garbage and body
wastes, such as rags, paper, cardboard, shoes, ashes, small metal,
rubber and wooden scrap, and other material of the same general nature.
Waste metal, tin cans, ashes, cinders, glass, pottery and
all discarded substance of a solid and incombustible nature.
Refuse and garbage shall be stored for collection
as follows:
A.
Garbage shall be drained and stored in durable, rust-resisting,
nonabsorbent, watertight and easily washable containers, which shall
have close-fitting covers and adequate handles to facilitate collection,
and which shall be of not more than 20 gallons in capacity.
B.
Ashes shall be kept dry and stored in fire-resistant
containers with close-fitting covers. Such containers shall be not
greater than 20 gallons in capacity and shall have a combined weight
(containers and contents) not exceeding 100 pounds.
C.
Other refuse shall be stored in durable containers
with close-fitting covers, except that bulky refuse may be packed
and bundled together and firmly tied so as to be easily handled and
not to exceed four feet in length nor 50 pounds in weight. Cardboard
boxes shall be flattened and all such boxes, newspapers and other
paper shall be firmly tied into bundles. No rubbish shall be stored
in cardboard boxes.
D.
All containers for refuse and garbage shall be kept
in a proper state of repair, shall be kept free from nails and sharp
edges and in a sanitary condition and the contents kept in such condition
that they may be readily removed.
E.
No refuse shall be placed at the curb more than 12
hours prior to the regular collection day, and all containers shall
be stored within 12 hours after collection.
[Amended 2-6-1990 by L.L No. 1-1990]
F.
Newspapers and all paper products shall be tied in
bundles. All paper containers shall be disassembled in such a manner
that weather conditions will not cause damage.
G.
All building materials from either new buildings or
remodeled buildings, with building permits shall not be placed at
curbs. The owner or contractor shall be responsible for the disposal
of the same. (The Code Compliance Director is to stamp this on all
building permits.)
H.
Collections shall be made on such days as the Board
of Trustees may designate, which said designations shall be published
for two successive weeks in the official paper.
I.
No garbage or refuse dumpster, container or vessel
exceeding a capacity of 1/4 cubic yard shall be placed or located
on any village street unless there shall have first been obtained
a permit from the Village Administrator. Said permit shall not exceed
two days in duration. The same may be renewed for additional periods
of two days. Said permit shall specifically identify the permissible
location of the dumpster, which shall be designated by the Village
Administrator. When appropriate, the applicant shall be required to
demonstrate proof of liability insurance as set forth herein. Any
decision of the Village Administrator made hereunder may be appealed
by the applicant to the Village Board by the filing of a letter setting
forth the nature of the appeal, provided that the same is filed within
30 days of the date of decision of the Village Administrator.
[Added 8-11-1987 by L.L. No. 7-1987; amended 8-17-1999 by L.L. No. 12-1999; 10-5-2010 by L.L. No. 8-2010]
J.
Disposal by use of bags; times for placement at curb;
separation of recyclables.
[Added 9-2-1997 by L.L. No. 9-1997; amended 11-2-1999 by L.L. No. 14-1999]
(1)
Notwithstanding the above subsections of this § 252-3, in the Central Business A and B Zoning Districts of the Village of Northport, garbage, refuse and rubbish may be disposed of by placing such material at the curb for collection as follows:
(a)
The waste material must be drained and free
of all flowing liquid and be placed in firmly closed heavy gauge plastic
bags of not more than 30 gallons in capacity.
(b)
No property shall place at the curb for disposal
more than 15 such bags, weighing no more than 50 pounds per bag, on
any given collection day.
(c)
Garbage shall not be placed at the curb for
collection before 11:00 p.m. from May 1 to September 30 and before
9:00 p.m. from October 1 to April 30 of the day before the scheduled
collection day, which shall be designated by the village.
(d)
Refuse and rubbish shall not be placed at the
curb for collection before 6:00 p.m. of the day before the scheduled
collection day, which shall be designated by the village.
(2)
Recyclable material shall not be disposed of with
garbage, refuse or rubbish but shall be separated and placed at the
curb for collection on the days and at such times as designated by
the Village of Northport.
K.
Insurance.[1]
(1)
Prior to the issuance of the permit, the owner shall
obtain a public liability policy in an amount commensurate with the
size, degree of difficulty of construction and risks inherent in the
construction of the proposed building or alteration, as determined
by the Planning Board, but at a minimum, the insurance requirements
for independent contractors obtaining a permit to work within the
village shall be as set forth below. The village shall be named as
additional insured on this policy.
(2)
The contractor shall maintain at a minimum the following
giving evidence of same to the owner in the form of certificates of
insurance or copies of policies. The insurance carrier must be New
York State licensed carrier with A.M. Best Rating of at least A IX.
All subcontractors must adhere to worker's compensation, comprehensive
liability, umbrella liability and auto liability and provide 30 days'
notice of cancellation or material change.
(b)
(e)
Sample hold harmless agreement/contractor. The
contractor shall indemnify and hold the municipality harmless against
any claim of liability or loss including the cost of defense for personal
injury or property damage resulting from or arising directly or indirectly
out of or resulting from the permit holders operations within the
municipality, including losses arising out of the negligent acts or
omissions of the contractor, its servants or agents, and any subcontractors,
its servants or agents.
[1]
Editor's Note: Added 8-17-1999 by L.L. No.
12-1999.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the village
except in public receptacles or in authorized private receptacles.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place.
No person shall sweep into or deposit in any
gutter, street or other public place within the village 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 owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the village the accumulation of litter from any building
or lot or from any public or private driveway or sidewalk. Persons
owning or occupying places of business within the village shall keep
the sidewalks in front of their business premises free of litter.[1]
[1]
Editor's Note: Former § 35-8, Litter
thrown by persons in vehicles, which immediately followed this section,
was repealed 8-17-1999 by L.L. No. 12-1999.
No person shall throw or deposit litter in any
park within the village, except in public receptacles and in such
a manner that the litter will be prevented from being carried or deposited
by the elements upon any part of the park or upon any street or other
public place. Where public receptacles are not provided, all such
litter shall be carried away from the park by the person responsible
for its presence and properly disposed of elsewhere.[2]
Lawn cuttings shall be placed in cardboard cartons
or in baskets. Tree trimmings and hedge trimmings shall be securely
tied in bundles not heavier than 100 pounds, and not more than four
feet in length. The foregoing shall be placed at the curb line for
collection.
[Amended 8-17-1999 by L.L. No. 12-1999]
Any person or corporation violating any of the
provisions of this article, upon conviction thereof, shall be subject
to a fine of not more than $250, imprisonment for a term not to exceed
15 days, or both such fine and imprisonment, for each offense.
