[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 10-21-2009 by L.L. No.
35-2009.[1]Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 171, Solid Waste, comprised of Art. I, General Provisions, adopted 9-7-1971 (Part II, Ch. 9, of the 1964 Code), as amended; and Art. II, Major Appliances and Household Furnishings, adopted 7-18-1990 by L.L. No. 9-1990 (Part I, Subpart 34, of the 1964 Code), as amended.
This article shall be known as the "Disposal of Solid Waste."
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings set forth herein:
Any residue from the burning of wood, coal, coke or any other
combustible material.
The remains of a structure or its contents, partially or
totally broken down or destroyed, or that which remains of the materials
or other matter used in the construction of a building or structure,
or its contents, and shall include but not be limited to whole parts
or fragments of glass, vitreous material, wood, metal, brick, rock,
stone, concrete, cement, plastic, plaster, asphalt or any other like
material or object, liquid or solid, which may be discarded by a person.
Any loose or packed alluvial earth or soil.
Putrescible animal and vegetable waste, liquid or solid,
resulting from the growing, handling, preservation, preparation, cooking
or consumption of food, including containers in which packaged; any
readily combustible material such as paper or paper products, cardboard,
wood, excelsior, cloth, food and drink cans, glass food and drink
containers or any like material or object which may be discarded by
a person; any dead birds, cats, dogs and other small animals or fish;
and any organic waste substance of any kind which may emit offensive
odors.
Any substance which flows freely like water fluid, characterized
by free movement of the constituent molecules among themselves but
without the tendency, characteristic of gases; to separate from one
another; that which has no definite form except such as is given by
its container.
Any dirt, sand, rock or stone or any combination of or mixture
of dirt, sand, rock or stone; or any petroleum, petroleum product
or derivative or distillate thereof.
Any natural person, male or female; any association, partnership,
firm or corporation; any municipality or municipal corporation.
Any ordinary industrial, store or household trash, such as
metal chips or shavings, tires or tubes, barrels, cartons, boxes,
crates, furniture, rugs, clothing, rags, mattresses and blankets;
small tree trimmings, leaves, grass clippings, weeds, small stumps
and similar garden waste; large dead animals or vegetable matter originally
intended for animal consumption; planing mill waste, shavings and
sawdust; and such other materials or objects which may be discarded
by a person.
Any waste cement, masonry work, bricks, plastic materials,
glass, marble, wood, wood products or derivatives thereof, or wire
or wire products.
Any substance which does not perceptively flow.
Any rock or rocklike material matter; any concreted earthy
or mineral matter.
The collection, depositing or storage in one location of
waste material or other matter, as defined in this article, while
awaiting pickup and transportation to any other location.
The Town of Poughkeepsie.
That which has no intrinsic value; that which has been thrown
away as worthless after being used or spent; unneeded or excess.
Any garbage, rubbish, rubble, ashes, debris, swill, refuse
or human or animal excrement, liquid or solid.
No waste material or other matter, as defined herein, shall
be transported in, over or upon the highways, streets or public ways
in the Town except in vehicles and/or containers from which the contents
cannot leak, blow or fall out.
[Amended 2-17-2016 by L.L. No. 4-2016]
A.
No waste material or other matter, as defined herein, shall be placed
or kept in temporary storage in the Town except in containers designed
and maintained so as to prevent the contents from leaking, dripping
or flowing upon the property upon which it is placed or from blowing
on, over or about the property on which it is placed in temporary
storage or onto any neighboring property. Garbage must be kept in
closed, leakproof, tearproof containers.
B.
In regard to the curbside pickup of trash containers (trash cans)
and items for bulk pickup by private carter, these items shall not
be set out prior to 8:00 a.m. on the day before each pickup and shall
be retrieved before 8:00 a.m. on the day after each pickup.
A.
No person shall dispose of, discard, deposit or store any waste material
or other matter, as defined herein, upon any land or property owned
or controlled by another within the Town of Poughkeepsie.
B.
No person shall dispose of, discard, deposit or store or allow to
be disposed of, discarded, deposited or stored any waste material
or other matter, as defined herein, upon any land or property owned
or controlled by said person within the Town of Poughkeepsie except
in a permanent structure having a roof and fully enclosed sides.
C.
This section shall not apply to:
(1)
The deposit or storage in connection with customary agricultural
operations.
(2)
The storage and stockpiling of earth materials in connection with
authorized extraction of natural resources as part of an approved
site plan or subdivision.
(3)
The deposit and storage during the authorized construction of buildings,
structures and site development.
(4)
The deposit of manure or fertilizers for the cultivation of the land
and the deposit of garbage or swill for the feeding of pigs or other
animals by a person on land owned or controlled by said person, provided
that the unconsumed portion or remains from such garbage or swill
so fed to pigs or other animals shall be cleaned up daily and immediately
buried or otherwise disposed of in accordance with this chapter.
(5)
The operation and maintenance of a compost pile in an area no greater
than 200 square feet by a person on land owned or controlled by said
person, provided such compost pile is not located within any front
yard, side yard, or rear yard setback, said pile consisting of ashes,
feathers, grass clippings, ground stone and shell, hay or straw, hedge
trimmings, hops, leaves, leather waste, pine needles, peat moss, sawdust,
seaweed, sod, weeds and organic kitchen scraps generated in or originating
on said property, provided that the compost pile is managed by turning
(every two weeks) and said pile is physically contained to encourage
the breakdown of organic material and prevent the omission of offensive
odors.
No person shall throw, cast or cause to be thrown or cast or
place or deposit any waste material or other matter, as defined herein,
into any drain, manhole, catch basin or sewer ditch or into any body
of water, stream of water or watercourse or on the banks thereof within
said Town of Poughkeepsie.
All vehicles and/or containers used for the transportation of
waste materials and other matter, as defined herein, in, over and
upon the highways, streets and public ways in the Town of Poughkeepsie
shall be so constructed, maintained and loaded as to prevent the contents
thereof from dripping, leaking or sifting through to the highway,
street or public way and shall have the load covered in such a manner
as to prevent the spilling, blowing and/or otherwise dropping of the
contents of such vehicle and/or container on or upon the highway,
street or public way.
No person shall dispose of, discard, deposit or store within
the Town of Poughkeepsie any material, object or matter having an
innate characteristic or property of radioactivity, combustibility,
inflammability, toxicity or explosiveness unless permission to do
so has been first obtained from the Town Board upon such terms and
conditions under which such material, object or matter is disposed
of, discarded, deposited and/or stored, to make any and all tests
it deems necessary to ensure the safety and effectiveness of the conditions
under which said material, object or matter is transported, disposed
of, discarded, deposited and/or stored and to revoke such permission
at any time.
It shall be the duty of any owner, lessee or occupant of any
lot or land to ensure that no person shall throw or cause to be thrown
or cast, place or deposit any waste material or other material upon
any land or property owned or controlled by said person within the
Town.
A.
If the provisions of this article are not complied with, the Building
Inspector, Fire Inspector or Zoning Administrator of the Town of Poughkeepsie,
or his or her designee, may serve written notice to comply with the
provisions of such section upon the owner, lessee or occupant or any
person having control of such lot or land.
B.
Such written notice shall be mailed to such owner, lessee, occupant
or person at his or her last known address, or if such owner, lessee,
occupant or person or his or her address is unknown, such notice may
be affixed to or posted upon such lot or land. Such notice shall require
compliance with such sections within five days after the mailing of
notice or the posting thereof.
C.
A hearing before the Town Board may be requested, in writing, by
any person aggrieved by a determination resulting in a notice of violation,
heretofore set forth, within five days after such notice has been
mailed or posted on the property.
D.
If the person upon whom such a notice is served fails or refuses to comply with the provisions of the notice within five days after such notice has been mailed or posted and no hearing has been demanded, the Building Inspector, Fire Inspector or Zoning Administrator of the Town of Poughkeepsie, or his or her designee, may cause the violation(s) to be corrected at the cost and expense of the owner of the property pursuant to § 171-12F.
E.
Notwithstanding the provisions of any other section of this article, whenever the Building Inspector, Fire Inspector or Zoning Administrator of the Town of Poughkeepsie, or his or her designee, deems that conditions exist as described in this article and that such conditions are a direct danger to the health, safety or welfare of the occupants, visitors or neighbors, such public officer, without prior notice, may issue an order citing the violation and cause action to be taken to abate, remove or prevent the continuation of the hazard or the danger, which action shall include the right to incur expenses for the removal, abatement or prevention, said expenses to be recovered by the Town pursuant to § 171-12F.
F.
The owner shall be liable to the Town of Poughkeepsie for the actual cost to the Town of Poughkeepsie for correcting the violations cited in the notice, plus a sum equal to 10% of such actual cost for inspection and other costs in connection therewith. The Town may recover said costs and 10% sum by charging such sums against the real property which is the subject of the violation(s), by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town-assessed taxes and shall be paid to the Receiver of Taxes. Prior to charging such assessments, the owners of the real property shall be provided written notice by the Town Board, or a designee thereof, to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and to object, before the Town Board, to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing. The provisions of this section are additional powers granted to the above-listed inspectors of the Town of Poughkeepsie and in no way diminish or replace the penal provisions of § 171-13, which sets forth judicially imposed penalties for violation of this section.
A.
Penalties. A violation of this article is hereby declared to be an
offense, punishable by a fine not exceeding $ 1,000 or imprisonment
for a period not to exceed 15 days, or both. Each 24 hours during
which a violation shall continue shall constitute a separate and distinct
violation within the meaning of this article. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this article or regulations shall be deemed violations
and, for such purpose only, all provisions of law relating to violations
shall apply to such offenses.
B.
In addition to any other remedies set forth herein authorizing the
Town to enforce the provisions of this article, establishing penalties,
and setting forth additional remedies, the person charged with the
responsibility to enforce the provisions of this chapter may impose
a civil fine or agree to a civil fine not to exceed $1,000 per day
for each day of the violation. If said civil fine is imposed, then
the alleged violator may appeal to the Town Board within 30 days of
the imposition of the civil fine.
C.
Appearance tickets.
(1)
The Building Inspector, Fire Inspector, Deputy Building Inspector,
Zoning Administrator, and any duly appointed deputy administrators
of the Town of Poughkeepsie and the Chief of Police or his or her
agent, provided that they are employees of the Town of Poughkeepsie,
are authorized to issue appearance tickets as defined in § 150.10
of the Criminal Procedure Law of the State of New York for violations
of this chapter. Such appearance tickets shall be returnable within
30 days in the Town Justice Court for any violation of any provision
of the Code of the Town of Poughkeepsie under their respective jurisdictions.
(2)
The form of the appearance ticket issued by the Building Inspector, Fire Inspector, Deputy Building Inspector or Zoning Administrator and any duly appointed deputy administrators of the Town of Poughkeepsie pursuant to this § 171-13C shall be governed by the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York. The content of such appearance ticket and the method of prosecution thereunder shall at all times be subject to the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York.
This article shall be known and cited as the "Consumer Solid
Waste Pickup Law of the Town of Poughkeepsie."
The purpose of this article is to:
A.
Aid the public in disposing of major appliances, household furnishings
and certain other solid waste items.
B.
Promote the lawful disposal of such items.
C.
Eliminate littering and illegal dumping.
D.
Promote protection of the environment.
E.
Eliminate the hazards being subject to vandalism and injurious to
the public.
As used in this article, the following terms shall have the
meanings defined herein:
A resident of the Town of Poughkeepsie who purchases for
his or her own use or enjoyment certain items listed in this document.
A retail or wholesale merchandiser who, during the course
of business, sells and delivers major appliances and/or household
furnishings, as defined herein, to residents of the Town of Poughkeepsie.
An amount of money in the form of a separate charge in and
above the cost of the item purchased.
Includes the following items: stoves (wood, gas, electric),
refrigerators, dishwashers, clothes washers, clothes dryers, air conditioners,
furnaces, trash compactors, freezers and dehumidifiers.
Any dealer who sells major appliances and/or household furnishings,
as defined herein, to residents of the Town is hereinafter required
to pick up and lawfully dispose of items being replaced by a consumer
when so requested.
A dealer may charge a fee, not to exceed an amount set in the
Town's fee schedule, per delivery or order. Separate deliveries,
not due to the fault of the consumer, shall be considered a single
order.
A.
A violation of this article or regulation is hereby declared an offense,
punishable by a fine not exceeding $1,000 or imprisonment for a period
not to exceed 15 days, or both. Each 24 hours during which a violation
shall continue shall constitute a separate and distinct violation
within the meaning of this article. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of this article or regulations shall be deemed violations and, for
such purpose only, all provisions of law relating to violations shall
apply to such offenses.
B.
Civil penalties. Notwithstanding any other provision of this article,
in addition a person or persons, association, firm or corporation
violating any of the provisions of this article shall be subject to
civil penalties as follows:
(1)
For the first offense: $500 or twice the cost to the Town of clearing
away the offending materials, whichever is greater, plus the cost
of prosecution and enforcement.
(2)
For a second offense: $750 or twice the cost to the Town of clearing
away the offending materials, whichever is greater, plus the cost
of any prosecution and enforcement.
(3)
For a third offense: $1,000 or twice the cost to the Town of clearing
away the offending materials, whichever is greater, plus the cost
of any prosecution and enforcement.
C.
The Town shall pay a sum equal to 50% of any fine or civil penalty
collected by the Town to any individual who supplies information that
shall lead to the detection, arrest and conviction of a person guilty
of littering and dumping, as defined by this article, when such information
culminates with a fine or penalty being paid, provided that the sum
paid hereunder shall not exceed $1,000.
