Lynbrook, N.Y., Code of Ordinances ch. 185 (eCode360 ed. 2026) § 185-5

A. Business units, as defined herein, shall at all times be maintained in compliance with the provisions of this chapter regulating open spaces, buildings or structures and littering. B. No outside storage or accumulation of garbage, crates, rubbish, refuse or debris shall be permitted at any time; and all such garbage, crates, rubbish, refuse or debris shall be kept inside the building or buildings on the premises or in an acceptable enclosure and shall be regularly collected and removed from the premises. C. No shopping baskets, carts or wagons shall be left unattended or standing in open areas, and they shall be collected at the close of business each day by the occupant of such unit and removed to the interior of the building or buildings. D. No mobile refrigeration unit shall be operated on the premises after the closing of the business conducted thereon, unless such mobile refrigeration unit is electrically operated. E. Noise. No truck or other vehicle shall be loaded or unloaded outside the confines of a building or buildings on the premises, before 7:00 a.m. or after the business conducted on the premises has been closed to the public, in such a manner as to cause unreasonable or excessive noise or disturbance to the annoyance or disturbance of more than one person at any of the nearby properties. No person shall operate or permit to be operated a commercial, business or industrial use that produces a sound level which causes excessive or unreasonable noise which causes the annoyance or disturbance of more than one person at any of the nearby properties. F. All fences and planting areas installed on the premises shall be maintained by the owner of the property. Such maintenance shall include but not be limited to the replacement of trees and shrubs which may die and/or otherwise be destroyed, the maintenance and cutting of lawns and the replacement and/or repair of fences which may become in disrepair. G. All signs, lights and lighting systems shall be maintained in a completely operable, good, clean and safe condition and free from damage. H. Within seven days after the original installation of a sign box or sign frame, and at all times thereafter, sign boxes and sign frames shall be maintained with either a sign for which a permit has been validly issued (subject to § 203-13 of the Code) or with one or more properly fitting inserts of plexiglass or such other material as is approved by the Superintendent of Buildings so as to completely cover the interior of the sign box or sign frame. I. When a sign, sign box or sign frame is removed, all damage to the building or surrounding area caused by the sign, sign box or sign frame or by its removal shall be immediately repaired, and any wall from which such sign, sign box or sign frame has been removed shall be restored to the same condition and color as the rest of the wall on which the removed sign, sign box or sign frame was located. J. No neon light or other gas-type illumination or illuminated sign or exterior source of illumination, any of which are located on a building any part of which is within 200 feet from the property line of any property in a residential zoning district that is used in whole or in part as a residence or dwelling, shall be illuminated between the hours of 10:00 p.m. and 7:00 a.m. where such lighting is visible from such residence or dwelling, except that: (1) Such illuminated signs as are maintained in connection with a business that is normally open earlier than 7:00 a.m. may be lighted or illuminated earlier than 7:00 a.m. during regular hours of business, which hours shall be conspicuously posted on the front of the building. (2) Such illuminated signs as are maintained in connection with a business that is normally open later than 10:00 p.m. may be lighted or illuminated until closing time during regular hours of business, which hours shall be conspicuously posted on the front of the building. (3) Lighting for purposes of security shall be permitted, which lighting shall be of the minimum area, brilliance, character, degree, density and intensity necessary to provide for the security of the property on which such lighting is located. Such lighting shall be positioned so that the direct rays or beams therefrom are not cast upon any property other than the lot upon which such illumination is located, and between the hours of 10:00 p.m. and 7:00 a.m. such lighting shall be of significantly less intensity than the lighting or illumination during regular hours of business at that location. K. Registration of businesses and multiple dwellings; registered agents. (1) Legislative intent. The Board of Trustees hereby finds that serious difficulties are often encountered in attempting to communicate with the owners, operators and tenants of multiple dwellings and businesses in the Village of Lynbrook for the purpose of furnishing emergency fire, police and other municipal services and for the proper enforcement of laws and ordinances and that, in order to protect the public health, safety and welfare, the provisions of this Subsection K are declared to be necessary. (2) Owners and operators of multiple dwellings required to register. (a) Every person, firm or corporation who or which owns and operates a multiple dwelling in the Village of Lynbrook shall file in the office of the Superintendent of the Building Department, on prescribed forms, a statement, in writing, containing the full names and apartment designations of each and every tenant occupying an apartment or housing accommodation on the premises owned, managed or controlled by such registrant. Said list of tenants shall be dated and subscribed by the owner, officer or managing agent and filed as required herein. (b) The owner or operator of a multiple dwelling shall file the statement as required in Subsection K(2)(a) within 30 days after a new tenant takes possession of an apartment or housing accommodation in the multiple dwelling owned, managed or controlled by such owner or operator. (3) Owners and operators of businesses required to register. (a) Every person, firm or corporation who or which is now engaged in or carries on a business of any kind within the Village of Lynbrook shall file in the office of the Superintendent of the Building Department a statement, in writing, containing the full names and residence addresses of the owner or owners, principal officers and managing agent of any such firm or corporation. Said statement shall clearly identify the business and briefly describe the nature of the business being carried on by such person, firm or corporation, and it shall be dated and subscribed by the owners, a principal officer or managing agent and filed as required above. (b) Every person, firm or corporation who or which commences a business of any kind within the Village of Lynbrook shall file the statement required in Subsection K(2)(a) within 30 days after commencing such business within the Village of Lynbrook. (4) Penalties for offenses. Any person, firm or corporation violating any provision of this Subsection K shall be fined not less than $25 nor more than $250 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (5) Resident agents to be designated for all buildings. (a) Every owner of a building located within the Village of Lynbrook shall file: [1] In the office of the Village Clerk a statement or designation signed and certified, setting forth the name and address by street and number within the Village of Lynbrook, of an agent upon whom process or notice may be served in any action or proceeding which may be commenced or instituted against said owner. To qualify for such designation, an agent shall be a natural person over 18 years of age and shall reside within the Village of Lynbrook or regularly attend a business office maintained within the Village. An owner or corporate officer who meets such qualifications may be designated to serve and register as the managing agent. [2] A designation, signed and verified, of the Village Clerk as the agent upon whom process or notice against the owner may be served, and the post office address to which the Village Clerk may mail a copy of any process or notice against such owner theretofore served upon the Village Clerk. (b) Whenever a process or notice is served upon the Village Clerk, he shall promptly send a true copy of said process or notice by certified mail addressed to the agent named in said designation at the address therein set forth. (6) Certificate of ownership to be part of designation. Attached to such statement and designation there shall be a certificate properly executed by the owner that he is the owner of the building with respect to which such statement or designation is filed. (7) Notices required to be posted. Every owner of a building located within the Village of Lynbrook shall post, and keep posted, in a conspicuous place in a main public area in said building a notice, at least six inches by eight inches in size, setting forth: (a) The name, address and telephone number of the person, firm or corporation responsible for the management of the building. (b) The name, address, apartment number and telephone number of the residential superintendent of the building. (c) Whether the building is heated by gas, oil or electricity and, if heated by oil, the name, address and telephone number of the supplier thereof. (8) Exceptions. The provisions of this Subsection K shall not apply to owner-occupied one- and two-family dwellings located within the Village of Lynbrook. (9) Method of filing; fee. The designation of resident agent and certificate of ownership shall be filed on forms to be prescribed by the Building Department and shall be accompanied by a filing fee. In the case of an owner previously registered with the Department, the filing of a supplemental certificate and designation shall be accompanied by a filing fee. Filing fees shall be in such amounts as established from time to time by resolution of the Village Board. L. Shopping carts. (1) The Village Board of the Village of Lynbrook hereby finds and declares that the unlawful taking, the misuse and the abandonment of shopping carts and similar conveyances is a threat to the protection and preservation of the property of the Village and its inhabitants, constitutes a hazard to the health, safety and general welfare of the populace of the Village and adversely affects the legitimate conduct of trade and business in the Village of Lynbrook and constitutes a nuisance detrimental to the neighborhood and the community at large. (2) Definitions and word usage. (a) As used in this chapter, the following terms shall have the meanings indicated: ABANDON The leaving, discarding, dumping or placing of personal property, including shopping carts, in a public place. PERSON An individual, corporation, partnership, association, joint-stock company, society or other legal entity. PUBLIC PLACE Every class of road, sidewalk, parking lot and other areas publicly owned or operated, or privately owned and open to the use of the public, or a segment thereof, excluding the interior of any building where a shopping cart was obtained. SHOPPING CART Basket, container or other device made of wire, metal or other material, mounted on wheels or hand-carried, manually or otherwise operated, such as is generally provided by merchants for carrying merchandise or foodstuffs to automobiles or other places. VILLAGE All areas within the Incorporated Village of Lynbrook. (b) Usage. Words used in the singular shall include the plural and vice versa. The word "shall" is always mandatory. (3) Abandoning shopping cads prohibited. (a) No person who obtains possession of a shopping cart from a food-dispensing or other establishment or business may leave or abandon the shopping cart in any public place, as defined herein, or on private property other than the place of the person who makes the shopping cart available to the public. (b) No person who makes available to the public, in connection with the conduct of business or trade, any shopping cart shall leave it or suffer or permit it to be left by himself, his agent or other person to whom temporary possession has been permitted by said person upon any street, sidewalk, parking field or other public place, as defined herein, or on private property other than the place of the person who makes the shopping carts available to the public. (4) Identification markings required. Every person who, in connection with the conduct of a food-dispensing or other establishment or business, makes any cart available to the public shall mark or cause same to be marked and identified conspicuously with his name and address and the specific store location at which said cart is used. Such identification shall be in the form of a metal tag securely fastened to the cart or a stamping on the frame of the cart. (5) Disposition of abandoned carts. (a) The Superintendent of Public Works of the Village or such other person whom the Village Board by resolution may appoint shall remove or cause to be removed, from time to time, any cart found in any public place and shall take custody of same and shall hold it until redeemed, sold or otherwise disposed of as hereinafter provided. (b) Whenever the Village shall remove any cart bearing identification of ownership, the Superintendent of Public Works or such person whom the Village Board by resolution may appoint shall mail a notice to the owner at the address shown on the identification tag, cut or stamp. Such notice shall advise that such cart or carts may be redeemed upon payment of the sum of $10 for each cart so redeemed and shall set forth the place for the redemption of such cart or carts or where possession of same may be obtained. No cart shall be delivered to a person seeking to redeem same unless proof is submitted establishing, to the satisfaction of the Village, such person's ownership or right to possession. Any delivery to a person apparently entitled thereto shall be a good defense to the Village against any other person claiming to be entitled thereto. (c) Penalties for offenses. Any person who shall violate any of the provisions of Subsection L(3) shall, for each and every offense, be deemed guilty of a violation and shall, upon conviction thereof, be punishable by a fine not exceeding $250. M. Carbon monoxide detectors. All existing indoor public places shall have properly operational carbon monoxide detectors, either hard-wired or plug-in type, installed at the premises. They shall be positioned no further than 20 feet from all actual or potential sources of carbon monoxide at the premises, and one floor directly above same, as applicable. Carbon monoxide detectors and alarms must be installed in compliance with manufacturers' specifications. All new construction shall provide hard-wired carbon monoxide detectors, in compliance with the above positioning requirements. The Building Department Superintendent may adopt further regulations as he deems appropriate, in respect to quality, and periodic maintenance and testing, to ensure effectiveness of the equipment. These regulations will be made available to members of the public at the offices of the Building Department. No carbon monoxide detector shall be removed or disabled, except for service, repair or replacement. N. Clothing bins. (1) Legislative intent. The Village Board has discerned that clothing bins located off the premises of the owner thereof tend, in large measure, to become an eyesore and a blight on the neighborhood due to disrepair, poor maintenance, and, in particular, the lack of clothing removal resulting in clothing or bags containing clothing or other items lying or strewn about outside of the bins, all of which is detrimental to the health, safety and welfare of the residents of the Village. (2) Permit and security deposit required. (a) An applicant desiring to place a clothing bin on any property, other than its own, must apply for and obtain a permit therefor from the Superintendent of the Department of Buildings. (b) Permit fee. A fee for the permit shall be in such sum as determined by the Village Board which shall consider the expense to the Village for the routine inspections of the subject bin and the relative costs in administering this Code section. (c) Application. [1] The application shall set forth a rendering of the proposed bin, including the placement of the name, address and phone number of the applicant. [2] Agreement of landowner. The applicant shall submit with its application for a permit a copy of an agreement by the owner of the land upon which the subject bin is proposed to be placed. Applicants shall also provide a survey or a diagram of the subject property showing the precise location of the proposed bin. [3] Security deposit. A security deposit in such amount as determined by the Board of Trustees shall accompany the application for a permit. Said deposit shall be held by the Village to assure compliance with provisions of Subsection C herein. The unused portion of the security deposit will be returned to the applicant upon the removal of the bin. [4] Prior to issuance of a permit, the Superintendent will submit the application to the Architectural Review Board for review and determination. The issuance of a permit is conditioned on the terms of the Board approval, if any. (3) General provisions. (a) A clothing bin placed on another's land without a permit will, after the Village has posted a conspicuously located notice on the bin requiring removal within two days, be removed by the Village and demolished or otherwise disposed of. (b) A clothing bin may not be placed in a designated parking space. (c) The individual or firm whose name appears on the clothing bin shall regularly inspect the bin and its surrounding area. Clothing or bags of clothing or other items placed outside the bin shall be promptly removed, and the area around the bin shall be maintained clean and litter-free. A violation of this provision will be noted by the posting of a notice conspicuously placed on the bin ordering that within five days the clothing or bag of clothing be removed from the area and that debris or litter immediately surrounding the bin be removed. The notice shall state that a failure to comply with its order shall result in removal and demolition of the bin by the Village. (4) This section shall not apply to a clothing bin placed on the property of the owner thereof.