Town of Elma, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Elma as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 119.
Zoning — See Ch. 144.
[Adopted 12-6-1961 by Ord. No. 7]

§ 68-1 Applicability.

This article shall apply to any dump for the disposal of garbage, trash or refuse owned, operated or maintained by the Town of Elma.

§ 68-2 Use of Town dumps.

[Amended 6-3-1981]
A. 
No person shall dump rubbish or debris on any lands located in the Town of Elma, except upon a duly established Town dump.
B. 
No person shall use the Town dump, except residents of the Town of Elma who have procured a permit for that purpose. Such permits may be procured without charge from the Town Clerk during business hours.
C. 
The dumping of garbage and trash in the Town dumps by commercial collectors is prohibited.

§ 68-3 Hours for dumping; posting.

Dumping shall be permitted only on Tuesdays, Wednesdays, Fridays and Saturdays for not more than a total of 40 hours on said days and in accordance with the lease held by the Town. The daily hours of use on said days shall be from time to time fixed and determined by the Town Board and shall be prominently posted at the entrance to the dumping premises and, in addition, shall, upon their enactment, be publicly advertised.

§ 68-4 Dumping of certain materials prohibited.

No materials shall be allowed to be disposed of in any Town dump, except the ordinary and usual trash, garbage and refuse resulting from residential and commercial use of premises. Industrial wastes shall not be allowed, except by permit of the Town Board after a hearing.

§ 68-5 Custodian.

The Town shall, at all times the Town dump is open, employ a custodian who shall supervise and direct the area and manner of dumping and disposal. All authorized persons using said dump shall obey and comply with the reasonable requests and directions of said custodian with respect to the area and manner of dumping.

§ 68-6 Salvage rights.

The Town of Elma shall retain for itself any rights of salvage from said Town dump, except that the Town Board may, in the manner prescribed by law, contract for the disposal of such rights.

§ 68-7 Penalties for offenses.

[Amended 6-3-1981]
A. 
Any person, firm or corporation violating any of the provisions of this article shall be guilty of an offense and, for such violation, shall be subject to a fine not exceeding $250 or to imprisonment for a term not exceeding 15 days, or both, for each such violation.
B. 
Any person, firm or corporation refusing to obey the reasonable requests and directions of the custodian of the Town dump shall be guilty of an offense and, for such violation, shall be subject to a fine not exceeding $250 or to imprisonment for a term not exceeding 15 days, or both, for each such violation. For persistent violators, the Town Board may, in its discretion, revoke any permit issued to such violator and deny to such violator the use of the Town dump.
[Adopted 6-17-1981]

§ 68-8 Commercial dumping prohibited.

Combustible materials, including but not limited to demolition products, tree trimmings and building materials, shall be received at the Creek Road Solid Waste Facility only as follows:
A. 
Products of commercial activity, including demolition, new construction or alterations, shall not be permitted to be deposited at the facility.
B. 
Truckloads of such material shall not be permitted to be deposited at the facility.
C. 
Only materials resulting from normal residential use and activities shall be received.

§ 68-9 Penalties for offenses.

Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.