[Adopted 12-22-1976 as Ch. 48 of the 1976 Code]
A. 
The purpose of this Article is to restrict and regulate, in a manner consistent with the interests of the residents of the Town of Fenton, the dumping of all kinds of waste materials within the town by prohibiting the dumping or other disposal of garbage upon lands within the town, except upon established town sanitary landfills, and by prohibiting the dumping of all other waste materials on lands within the town, without the consent of the owners thereof and unless the same is covered with sanitary fill, except on an established public sanitary landfill, in order to restrict noxious odors and fumes and breeding areas for rodents, vermin and disease and thereby to promote the health, safety and general welfare of persons and property within the Town of Fenton.
B. 
This Article shall be known and cited as the "Sanitary Land Fill Ordinance of the Town of Fenton."
This Article shall apply to dumping or other disposal of all kinds of waste material upon all lands, private or public, within the Town of Fenton, including highways.
As used in this Article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
GARBAGE
Includes:
A. 
Food or food waste of all kinds, whether for human or animal consumption.
B. 
Used food containers or parts thereof, whether fabricated of metal, paper, wood or glass.
C. 
Paper materials used in food packaging.
D. 
Dead animals or parts thereof.
E. 
Any other matter which shall be capable of fermentation or decay, except wood and also except when used as fertilizer upon farms or gardens.
WASTE MATERIALS
Includes:
A. 
Rubbish, trash and garden refuse, of all kinds.
B. 
Clean paper products.
C. 
Glass, metal, wood and synthetic materials; excepting, however, materials otherwise defined herein as "garbage."
[Amended 1-6-1993 by L.L. No. 2-1993]
No persons shall use or permit the use of any lands within the Town of Fenton, whether public or private, as a dump or dumping ground for garbage, nor shall any person throw, dump, deposit or place on any such lands or cause to be thrown, dumped, deposited or placed on any such lands any garbage, nor shall any person dispose or attempt to dispose of any garbage by bearing the same on such lands, except upon lands designated by the Town Board as a public sanitary landfill. No person shall throw, dump, deposit or place or cause to be thrown, dumped, deposited or placed upon any highway or within the limits of the right-of-way of such highway or upon private lands adjacent thereto or upon any lands owned by the Town of Fenton (whether or not in a dumpster or other garbage receptacle) any garbage, refuse, trash, rubbish, litter or any nauseous or offensive matter.
No person shall use or permit the use of any lands within the Town of Fenton, whether public or private, other than lands designated by the Town Board as a sanitary landfill or public dump, as a dump or dumping grounds for waste materials, except upon compliance with the conditions hereinafter set forth, nor shall any person throw, dump, deposit or place waste materials on such lands or cause waste materials to be thrown, dumped, deposited or placed on such lands, unless the owner of such lands shall have expressly consented thereto; and within 24 hours of such dumping, such materials shall be compacted and covered with soil to a depth of at least six inches, spread and compacted uniformly over the entire disposal area.
A. 
No person shall deposit or cause to be deposited any substance of any kind on premises established as a public sanitary landfill or dump of this town, except at the places and in the manner directed by the person in charge of such premises under the authority of the Town Board, if such a person is so designated, or by a sign or signs erected upon the premises by the authority of the Town Board.
B. 
No person shall deposit or cause to be deposited on premises established as a public sanitary landfill or dump of this town any waste substance or material of any kind which originated from or was collected from premises outside of the Town of Fenton.
A. 
Violation deemed to be an offense. Any person who commits any act in violation of any provision of this Article shall be deemed to have committed an offense against this Article and shall be liable for the penalties herein imposed for such violation. Each act committed in violation of any provision of this Article shall constitute a separate offense.
B. 
Punishment. For every violation of any provision of this Article, the person violating the same shall be subject to a fine of $250, and for any second or subsequent violation by a fine of $500, or imprisonment not exceeding 30 days, or both.
[Amended 1-6-1993 by L.L. No. 2-1993[1]]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Civil penalty. Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the town in the amount of $50 for each such offense.
D. 
Injunction. In addition to the above provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.