This chapter shall be known and may be cited as the "Rubbish Removal
Law of the Town of Fenton."
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants of the Town of Fenton and the
safeguarding of their material rights against unwarranted invasion, and, in
addition, such an environment is deemed essential to the maintenance and continued
development of the economy of the town and the general welfare of its citizens.
The unrestrained accumulation of rubbish on private property is a hazard to
such health, safety and welfare of the citizens of the town, necessitating
the removal thereof. Therefore, pursuant to § 64, Subdivision 5-a,
of the Town Law and § 10, Subdivision 1(ii)a(11), of the Municipal
Home Rule Law, this chapter is enacted.
As used in this Article, the following terms shall have the meanings
indicated:
JUNKYARD
Any business or activity, whether or not conducted for profit, involving
the use of premises outside a building for the collection, storage, dumping,
scrapping, salvaging or sorting and arranging for sale, storage or disposal
of:
A.
Bodies, engines or parts of autos.
B.
Other secondhand or used property of whatever material.
C.
Waste material, whether of wood, paper, cloth, cardboard, plastic, metal,
stone or cement.
RUBBISH
A.
All waste substances not intended for use in a manufacturing or reconditioning
process carried out on the premises, including, but not limited to, any of
the following:
(2)
Combustible refuse, including, but not limited to, paper, cartons, boxes,
barrels, wood, excelsior, tree branches, yard trimmings, wood furniture and
bedding.
(3)
Noncombustible refuse, including, but not limited to, metals, tin cans,
metal furniture, discarded or partially or wholly dismantled used motor vehicles,
glass, crockery and other mineral waste.
(4)
Solid and semisolid wastes resulting from industrial processes and manufacturing
operations.
B.
The term "rubbish" does not include any unprocessed earth, stone or
minerals.
It shall be unlawful and a violation of this chapter for the owner or
tenant of any real property located within the Town of Fenton, to allow the
accumulation of rubbish on such property for more than 10 days.
It shall be the duty of the owner of any real property located within
the Town of Fenton to remove from such real property any accumulation of rubbish
thereon within 10 days after notice and demand of a Town Constable or the
duly designated enforcement officer.
This Article shall not apply to any junkyard or place of business for
processing scrap metal operated in accordance with other provisions of the
Code of the Town of Fenton.
Each owner or tenant of real property who violates this chapter shall
be guilty of an offense punishable by a fine up to $50 per violation or imprisonment
of up to six months, or both. Separate violations shall occur until such owner
complies with the provisions of this Article or until the Superintendent of
Highways causes the removal of all refuse from the property of such owner.