[HISTORY: Adopted by the Town Board of the Town of Schaghticoke 3-5-1962. Amendments
noted where applicable.]
A.
By the adoption of this chapter the Town Board of the Town of Schaghticoke
declares its intent to be to regulate in a manner consistent with
the interest of the citizens of the Town of Schaghticoke the dumping
of garbage, rubbish, refuse and similar waste material on lands within
the town and to provide for the disposal thereof on the established
town sanitary landfill refuse disposal area.
B.
Garbage is a deleterious substance. Unattended private and public
garbage dumps and disposal areas emit noxious odors and fumes, attract
rodents and vermin and become breeding places therefor. The process
of burning garbage causes smoke and oxidized garbage to be given off
into the air which the community breathes. All of these conditions
can adversely affect the development of the town unless they are properly
and carefully regulated. Therefore, recognizing the above and the
need of our town for an adequate and well-regulated procedure for
the disposal of garbage, rubbish and refuse, and in the exercise of
its police power in these regards, the Town Board of the Town of Schaghticoke
does hereby enact this chapter.
This chapter shall apply to dumping upon all lands, public or
private, within the Town of Schaghticoke, and also it shall apply
to all persons, and such term "persons" shall include all individuals,
firms, partnerships, corporations, municipalities or municipal corporations
and associations of persons.
No person, as above defined, shall use any land within the Town
of Schaghticoke as a dump, dumping ground or sanitary landfill area,
nor shall any person throw, dump, deposit or place on such lands or
cause to be thrown, dumped, deposited or placed on said lands any
waste materials or waste substance such as bottles, cans, garbage,
refuse, trash, rubbish, litter or any nauseous, noxious or offensive
matter, nor dispose or attempt to dispose of any such materials, substance
or matter by so-called sanitary landfills or otherwise on such lands
or by burying or incinerating the same on such lands except on the
established public sanitary landfill refuse disposal area owned and
operated by the Town of Schaghticoke as provided herein.
[Added 7-8-1987]
A.
Under no circumstances shall any person, firm, association or corporation
be permitted to dump solid waste of any kind or nature originating
from any place or places situated without the geographical confines
of the Town of Schaghticoke on any place or places situated within
the geographical confines of the said Town of Schaghticoke. As used
herein, "solid waste" shall be deemed to be any rubbish, garbage,
refuse, sludge, building demolition and debris or any solid, liquid
or semisolid material resulting from industrial, commercial, residential,
agricultural or community activities which has served its original
intended use and is being discarded.
B.
The Building Inspector for the Town of Schaghticoke shall have the
authority to issue permits to town landowners for permission to dump
solid waste on their property if the solid waste originated from a
place or places situated within the geographical confines of the Town
of Schaghticoke. An application for such a permit shall be on a form
prescribed by the Town Board, and permits shall be issued only after
the appropriate application fee has been paid and the application
form has been properly completed, submitted and approved.
C.
Nothing herein contained shall be deemed to prohibit a town landowner
from properly disposing of noncommercial or nonindustrial rubbish,
waste material or building demolition and debris on property upon
which such rubbish, waste material or garbage is produced, and no
permit shall be required for such activity.
A.
No person shall deposit or cause to be deposited on the premises
established as the public sanitary landfill refuse disposal area any
material except at the place or places thereon and in the manner directed
by the person in charge of the premises under the authority of the
Town Board or by signs erected upon the premises by the authority
of the Town Board.
B.
No person shall deposit or cause to be deposited on the public sanitary
landfill refuse disposal area of the Town of Schaghticoke any material
which originated or was collected from outside of the Town of Schaghticoke,
except with the express prior written permission of the Town Board.
[Amended 2-10-1982]
C.
No person not a resident of or conducting an established business
in the Town of Schaghticoke may deposit or cause to be deposited any
material on the town's sanitary landfill refuse disposal area.
D.
No person shall deposit or cause to be deposited on the public sanitary
landfill refuse disposal area of the Town of Schaghticoke any material
except on such days and at such time or times as said area shall be
open pursuant to resolution of the Town Board.
E.
No person, except an officer or employee of the town, shall be upon
the town's sanitary landfill refuse disposal area at any time
except for the dumping of refuse at a permitted time.
F.
The Town Board shall, from time to time, promulgate rules and regulations
for the operation and maintenance of the town's sanitary landfill
refuse disposal area.
[Added 2-10-1982]
A.
Persons engaged in the business of collecting garbage and refuse
in the Town of Schaghticoke shall not, after the effective date of
this chapter, use the facilities of the town's sanitary refuse
disposal area without a permit therefor. Permits may be obtained from
the Town Clerk upon payment to the Town Clerk of a fee in an amount
to be established from time to time by resolution of the Town Board.
The aforementioned permits shall expire on the 31st day of December
in the year for which they were issued.
[Amended 2-10-1982]
B.
Any permit issued hereunder may be revoked by the Town Board upon
violation by the holder of said permit of any provision of this chapter,
after a hearing held by said Town Board at which the holder of said
permit shall have an opportunity to be heard.
[Amended 2-10-1982]
C.
No permit shall be required of the municipality of the Village of
Schaghticoke.
D.
Any holder of a permit under this section shall be subject to all
the provisions of this chapter, and the granting of a permit shall
not be construed to grant any special rights or privileges.
E.
Every holder of a permit under this chapter shall be required to
cover all garbage, trash, rubbish and refuse while the same is being
transported in our town in order that papers, litter and offensive
odors may not be emitted from the vehicle transporting the same. A
tarpaulin covering the load, or covered containers or a van body or
covered garbage vehicle shall be deemed to comply with the provisions
of this section.
F.
The provisions of this section shall apply to all persons transporting
refuse to the public sanitary landfill refuse disposal area.
A.
Any person who commits or permits any act or acts in violation of
any of the provisions of this chapter shall be deemed to have committed
an offense against this chapter and shall be liable for any such violation
or the penalty therefor. Each day such violation shall continue or
shall be permitted to exist shall constitute a separate offense.
B.
Any person or persons, association or corporation committing an offense
against this chapter or any section or provision thereof is guilty
of an unclassified misdemeanor punishable by a fine of not less than
$250 and not exceeding $1,000 or imprisonment for a period not exceeding
one year for each such offense, or by both such fine and imprisonment.
[Amended 2-10-1982; 7-8-1987]
C.
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.
