Sabbath Observance No Defense to Violation for Placing Trash Out Too Early

DOS issued a violation notice to landlord for failure to store receptacles after its inspector saw three garbage containers placed out on the sidewalk on a non-collection day. Landlord argued that he put the trash out on Friday because he was going away for the weekend and, as a Sabbath observer, had to leave before services on Friday evening. DOS argued that landlord placed the bags out too early to comply with the rules. The ALJ ruled against landlord and fined him $100. Landlord appealed and lost. Waste receptacles must be stored in the building or at the rear of the building until it's time to place them out for collection. Sabbath observance isn't a defense to placing trash out in advance of the scheduled collection day. 

Fifty Nine Realty: ECB App. No. 1600676 (8/25/16) [1-pg. doc.]