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Hempstead, NY Trash & Recycling: Illegal Dumping (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Prohibited
Dumping refuse on vacant lots or streets
Offense class
Unclassified misdemeanor
Maximum fine
$10,000 per offense
Maximum jail
1 year imprisonment
Exception
Permitted fill dirt or ashes only
Section
Hempstead Code § 128-43

Summary

Hempstead makes it an unclassified misdemeanor to throw, bury or leave garbage, dead animals, tires, abandoned vehicles or any other refuse on a vacant lot, street or road in the Town, punishable by up to a $10,000 fine, up to one year in jail, or both.

No person, firm, association or corporation shall throw, cast, lay, bury or leave or direct, suffer or permit any servant, agent or employee to throw, cast, lay, bury or leave, any ashes, offal, dead animals, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth, broken glasswares, crockery, bottles, domestic furniture, packing crates, metal, rubber, tires, abandoned vehicles or any other refuse or rubbish of any kind whatsoever, in or upon any vacant lot or plot, except where ashes or dirt may be used for filling-in purposes under a permit secured from the department or bureau having jurisdiction thereof, or in or upon any street or road in the Town of Hempstead, and any such dumping shall constitute an unclassified misdemeanor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).

Full Breakdown

Section 128-43 of the Town Code, in Article III (Dumping of Refuse and Garbage), broadly prohibits any person, firm, association or corporation from throwing, casting, laying, burying or leaving refuse of nearly any kind on a vacant lot or plot, or on any street or road in the Town of Hempstead. The list of covered material is long and specific: ashes, offal, dead animals, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth, broken glassware, crockery, bottles, domestic furniture, packing crates, metal, rubber, tires and abandoned vehicles are all named, alongside a catch-all for any other refuse or rubbish.

The law carves out one narrow exception: ashes or dirt may be deposited for filling-in purposes if the depositor first secures a permit from the department or bureau with jurisdiction over the site. Anyone who directs, allows or permits a servant, agent or employee to dump in violation of the section is treated the same as someone who dumps personally. Section 128-45 sets the penalty: any offense against Article III is an unclassified misdemeanor, punishable by a fine of up to $10,000, imprisonment of up to one year, or both, for each violation, a substantially higher penalty than the standard $500 fine that applies to most other Chapter 128 offenses.

Section 128-44 clarifies the article does not prohibit an otherwise licensed and authorized solid waste facility within the Town from accepting waste generated outside the Town, so the dumping ban targets illegal roadside and vacant-lot disposal rather than legitimate transfer-station operations.

Violations & Fines

An offense against Section 128-43 is an unclassified misdemeanor under Section 128-45, carrying a fine of up to $10,000 or imprisonment of up to one year, or both, for each violation. This penalty applies specifically to Article III dumping offenses and is far higher than the $500 general Chapter 128 penalty that covers ordinary collection violations.

Frequently Asked Questions

Is dumping trash on a vacant lot illegal in Hempstead?
Yes. Section 128-43 makes it unlawful to throw, cast, lay, bury or leave garbage, dead animals, tires, abandoned vehicles or virtually any other refuse on a vacant lot or plot, or on any Town street or road, and Section 128-45 classifies the offense as an unclassified misdemeanor.
What is the penalty for illegal dumping in the Town of Hempstead?
Section 128-45 sets a penalty of up to $10,000 in fines, up to one year of imprisonment, or both, for each dumping offense, which is far steeper than the standard $500 fine that applies to most other Chapter 128 violations.
Can I dump fill dirt on my own vacant property in Hempstead?
Only with a permit. Section 128-43 exempts ashes or dirt used for filling-in purposes, but only if the depositor first secures a permit from the department or bureau having jurisdiction over the fill activity.

Sources & Official References

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