As used in this article, the following terms shall have the meanings
indicated:
GARBAGE
Includes waste food, papers, dead animals or parts thereof and all
waste or discarded wood, vegetable matter of any kind or any matter which
shall be combustible or capable of fermentation or decay.
REFUSE
Includes waste metal, tin cans, ashes, cinders, glass, pottery and
all discarded substances of a solid and noncombustible nature.
No place commonly called a "dump" or "dumping ground" for the collection,
accumulation, storage, deposit, burial or disposal in any manner thereon of
garbage or refuse shall be permitted or maintained in the Town of Cornwall
outside the incorporated Village of Cornwall without a permit therefor from
the Town Board, to contain such terms and conditions deemed reasonable and
necessary by said Board to accomplish the purposes of this article.
The holder of such a permit shall be personally responsible at all times
for the condition of such dump site or any condition created elsewhere as
a result of the condition of said dump site, and it shall be conclusively
presumed that the holder of such a permit has knowledge of any such condition
that is noxious or offensive within 24 hours after its occurrence.
[Amended 9-25-1989 by L.L. No. 4-1989]
A violation of this article shall be punishable by a fine not exceeding
$250 or by imprisonment not exceeding 15 days, or both such fine and imprisonment.
In addition, a civil penalty of not less than $25 nor more than $100 may be
recovered by the Town of Cornwall in a civil action for violation thereof.
The Town Board may also maintain an action or proceeding to compel compliance
with or to restrain by injunction the violation of this article, as provided
by § 135 of the Town Law.
Each day that a dump is permitted to exist or is maintained without
the permit provided for herein, to be issued by the Town Board, and each day
that any other violation of this article shall exist, shall constitute a separate
violation and shall subject the offender to a separate criminal and civil
action and penalty.
The violation of this article by the holder of any permit to maintain
a dump shall be grounds for revocation of such permit by the Town Board after
public hearing concerning the same.