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What is the law in New York State regarding storage of old tires on private property?

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debodun

Member
What is the name of your state (only U.S. law)? New York

My next door neighbor owns a carpet warehouse on his property and he throws a lot of junk, including old tires, out behind this building that abuts on my back yard. Due to an extraordinary amount of rain this summer, I cannot enjoy my back yard because of clouds of mosquitoes which seem to be coming from his property. I believe the cause is the rain water collecting inside the tires an the other junk creating a breeding ground. I tried to discuss this with him weeks ago, but he just smiled and walked away giving me the impression he is not going to dispose of the tires. I wanted to know if there was a legal way to make him do it.
 


You Are Guilty

Senior Member
Call local code enforcement. At a minimum, he is creating a safety hazard by harboring a mosquito breeding ground. NY is pretty tough on that sort of thing due to West Nile.
 

154NH773

Senior Member
It appears that regulation pertaining strictly to waste tires may only regulate facilities containing 1000 or more tires. http://www.dec.ny.gov/docs/materials_minerals_pdf/27tire.pdf
You should call the NY DEC to make sure they don't regulate smaller amounts.
Otherwise, there should be local or state regulations, or ordinances, pertaining to the disposal of waste on private property. Check with your local government office (town or county).
 

xylene

Senior Member
Call the DEC and your county Health Department.

The Health Department are going to take a dim view of his actions.
 

NC Aggie

Member
Sounds like a matter that should be directed through your local code enforcement or planning department. Many communities have ordinances related to the storage of trash and debris, especially items such as tires.
 

csi7

Senior Member
The county health department has an environmental health section and those inspectors would love to have a field day trip with information such as yours.
I had gone through code enforcement, county board, and department of environmental preservation before I found help with the county health department.
Of course, my neighbor is no longer speaking to me, however, I can use my back yard without being bitten or having smoke from unauthorized fires covering my back yard.
 
Depending on where he lives, there might be township rules on junk. Depending on the volume of junk his neighbor tosses out, perhaps this can help him:

N.Y. GMU. LAW § 136 : NY Code - Section 136: Regulation of automobile junk yards

2. Definitions. For the purposes of this section, "junk yard" shall
mean any place of storage or deposit, whether in connection with another
business or not, where two or more unregistered, old, or secondhand
motor vehicles, no longer intended or in condition for legal use on the
public highways, are held, whether for the purpose of resale of used
parts therefrom, for the purpose of reclaiming for use some or all of
the materials therein, whether metal, glass, fabric or otherwise, for
the purpose of disposing of the same or for any other purpose; such term
shall include any place of storage or deposit for any such purposes of
used parts or waste materials from motor vehicles which, taken together,
equal in bulk two or more such vehicles provided
, however, the term junk
yard shall not be construed to mean an establishment having facilities
for processing iron, steel or nonferrous scrap and whose principal
produce is scrap iron, steel or nonferrous scrap for sale for remelting
purposes only.
 

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