§ 45-2. Definitions., Chapter 45. Sanitation, Code of Ordinances, Brookhaven

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

ABANDONED HOUSEHOLD CONTENTS: Furniture, furnishings, housewares, appliances and other personal property customarily found in and used in residential dwellings, which are deposited at, or along said dwelling's street frontage, in part or in whole, pursuant to a duly executed warrant of eviction by legally authorized law enforcement officers and/or personnel.

AUTHORIZED COMMERCIAL RECEPTACLE: A litter storage and collection container which is durable, rust-resistant, nonabsorbent, watertight and capable of being closed to prevent scattering of the contents and which is used for the storage of litter emanating from nonresidential sources.

AUTHORIZED PRIVATE RECEPTACLE: A litter storage and collection container which is durable, rust-resistant and capable of being tightly sealed. Receptacles used for storage of garbage shall, in addition thereto, be nonabsorbent, watertight and equipped with handles and shall not exceed 32 gallons in capacity or 50 pounds in weight. Plastic bags that are heavy enough to contain garbage without breaking or not easily torn open by scavengers are permitted, provided that they are tightly sealed. Paper bags shall be deemed "authorized private receptacles" for the storage and collection of grass cuttings and leaves. Grass cuttings, leaves and other inoffensive materials may be stored in heaps or piles within barriers constructed of boards, slats or wire for reduction to compost for use on the premises, provided that no odors are permitted to emanate therefrom nor other nuisances to develop.
[Amended 8-2-2018 by L.L. No. 18-2018, effective 8-20-2018]

COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature which:

COMMISSIONER: The Commissioner of the Department of Recycling and Sustainable Materials Management of the Town of Brookhaven.
[Amended 7-7-1987 by L.L. No. 13-1987; 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]

DUMPSTER: A litter storage and collection container of two cubic yards or greater in capacity, which is designed to be emptied by a forklift or forklift truck.
[Added 11-17-1987 by L.L. No. 31-1987]

EXPLOSIVES: Any chemical compound or a mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

FRONTAGE: The boundary line of a lot or parcel of land abutting a public or private street or road to a distance of six feet on either side thereof.
[Added 9-20-2001 by L.L. No. 26-2001, effective 9-24-2001]

GARBAGE: Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

HAZARDOUS WASTE

[Amended 7-7-1987 by L.L. No. 13-1987]:

(1)

A solid waste or a combination of solid wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:

(a)

Cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating reversible illness; or

(b)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.

(2)

Such wastes shall include but are not limited to explosives, hazardous radioactive materials, toxic substances and those substances which the Commissioner has identified as hazardous wastes pursuant to the above criteria and has included on a list of hazardous waste promulgated by the Department

LIQUID WASTE: The liquid and waste solids contained in subsurface sewage disposal systems and appurtenances, waste sludges generated at sewage treatment plants and wastewater from laundry operations and industrial wastewater.

LITTER: All waste material, including plastic six-pack holders, rubbish, liquid waste and garbage, which tends to create a danger to public health, safety and welfare and/or which creates an unsightly condition.
[Amended 11-21-2000 by L.L. No. 15-2000, effective 11-27-2000]

NEWSPAPER: Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation 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 in not less than four issues per year and sold to the public.

NONCOMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copy of any matter of literature which does not constitute a commercial handbill or newspaper as these items are defined in this section.

PERSON: Any person, firm, partnership, association, private or municipal corporation, company or organization of any kind.

PRIVATE PROPERTY: Any vacant land held in private ownership and any yard, grounds, walk, driveway or private parking area belonging to or appurtenant to any other privately owned dwelling, house, building or other structure.

PUBLIC DISPOSAL FACILITY: An area or facility designated for disposal, storage and/or collection of solid or liquid waste, which is owned and/or maintained by the Town of Brookhaven or other municipal agencies and which has been designated as being for the use of the public. A Town solid waste management facility is a public disposal facility.
[Amended 7-7-1987 by L.L. No. 13-1987]

PUBLIC PROPERTY: Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings which are owned and/or maintained by any federal, state, county or municipal authority.

PUBLIC RECEPTACLE: A litter disposal, storage and/or collection container which is owned and/or maintained by any federal, state, county or municipal authority and which has been designated as being for the use of the general public.

RESOURCE RECOVERY: The separation, extraction and recovery of usable materials (including, without limitation, methane), energy or heat from solid waste through source separation, recycling centers or other programs, projects or facilities.
[Amended 7-7-1987 by L.L. No. 13-1987]

ROLL-OFF CONTAINER SERVICE: That service of providing open-top refuse containers of a capacity of 20 cubic yards or greater on a temporary basis for the collection of construction, renovation or demolition materials.

RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including but not limited to paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials, and the carbon component of energy waste, whether in solid or gaseous form.
[Amended 7-9-2009 by L.L. No. 15-2009, effective 7-20-2009]

SOLID WASTE: All putrescible and nonputrescible materials or substances discarded or rejected as having served their original intended use or as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, including, without limitation, garbage, refuse, litter, rubbish, industrial waste, commercial waste, sludges, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal, but not including solid or dissolved material in domestic sewage or substances and materials in noncontainerized gaseous form. Materials intended for recycling are also solid waste within the meaning of this chapter.
[Amended 7-7-1987 by L.L. No. 13-1987]

SOLID WASTE MANAGEMENT: The purposeful and systematic transportation, storage, recycling, treatment, processing, separation, reduction, recovery or disposal of solid waste.
[Amended 7-7-1987 by L.L. No. 13-1987]

SOLID WASTE MANAGEMENT FACILITY: Any facility for the storage, transportation, recycling, processing, separation, reduction, recovery, treatment or disposal of solid waste, including but not limited to transfer stations, baling facilities, rail haul or barge haul facilities, processing systems, source separation facilities, sanitary landfills, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities.
[Amended 7-7-1987 by L.L. No. 13-1987]

SOURCE SEPARATION: The segregation of usable and recyclable materials from the solid waste stream for separate collection, sale or other disposition.
[Amended 7-7-1987 by L.L. No. 13-1987]

SUPERINTENDENT OF HIGHWAYS: The Superintendent of Highways of the Town of Brookhaven.
[Added 4-16-2002 by L.L. No. 1-2002, effective 4-25-2002]

TOWN: All unincorporated areas within the boundaries of the Town of Brookhaven.

TOWN CLERK: The Town Clerk of the Town of Brookhaven.

TOWN SOLID WASTE MANAGEMENT FACILITY: A solid waste management facility which is owned and/or maintained by the Town of Brookhaven.
[Amended 7-7-1987 by L.L. No. 13-1987]

UNREGISTERED MOTOR VEHICLE: Any motor vehicle not currently registered in the State of New York or in any other competent jurisdiction. Failure to have a current license or registration tags affixed to said vehicle shall be presumptive evidence that such vehicle is not registered.

VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.