§ 35-2. Encroachments.  


Latest version.
  • A. 
    Within the unincorporated areas of the Town, no person shall cause or permit the encumbering of any highway, street, sidewalk or public place by any encroachment of buildings, structures, excavations or otherwise, except as permitted by Subsection B of this section.
    B. 
    The placement of a trash bin, dumpster or storage bin upon a sidewalk, street, highway or any other public place within the unincorporated areas of the Town by any person other than agents or employees of the Town is hereby prohibited unless:
    (1) 
    The trash bin, dumpster or storage bin is properly illuminated by at least one reflector on each side, such reflector to be at least six inches in diameter so that it is visible at night, and
    (2) 
    There is no defect or faulty design in the trash bin, dumpster or storage bin which would create a hazard to the general public, and
    (3) 
    The placement of the trash bin, dumpster or storage bin will not block the flow of vehicular or pedestrian traffic, and
    (4) 
    The use of the trash bin, dumpster or storage bin will not create offensive odors or a health hazard, and
    (5) 
    The truck bin, dumpster or storage bin is conspicuously marked with the name and address of its owners, and
    (6) 
    A permit for the placement of the trash bin, dumpster or storage bin is obtained from the Superintendent of Highways pursuant to this chapter and evidence of such permit is displayed conspicuously on the trash bin, dumpster or storage bin by means specified by the Superintendent of Highways.
    C. 
    This chapter shall not be construed to prohibit the placement of a trash bin, dumpster or storage bin on private property where such placement is permitted by the provisions of Chapter 70 of the Code of the Town of North Hempstead.
    Editor's Note: This local law also provided for the repeal of former §§ 35-2, Encroachments prohibited; 35-4, Penalties for offenses; and 35-5, When effective, and for the renumbering of former § 35-3 to become § 35-8.
Added 9-25-1979 by L.L. No. 9- 1979