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:
ASHES
Any residue from the burning of wood, coal, coke or any other
combustible material.
DEBRIS
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.
DIRT
Any loose or packed alluvial earth or soil.
GARBAGE
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.
LIQUID
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.
OTHER MATTER
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.
PERSON
Any natural person, male or female; any association, partnership,
firm or corporation; any municipality or municipal corporation.
RUBBISH
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.
RUBBLE
Any waste cement, masonry work, bricks, plastic materials,
glass, marble, wood, wood products or derivatives thereof, or wire
or wire products.
SOLID
Any substance which does not perceptively flow.
STONE
Any rock or rocklike material matter; any concreted earthy
or mineral matter.
TEMPORARY STORAGE
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.
TOWN
The Town of Poughkeepsie.
WASTE
That which has no intrinsic value; that which has been thrown
away as worthless after being used or spent; unneeded or excess.
WASTE MATERIAL
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.
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.
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:
CONSUMER
A resident of the Town of Poughkeepsie who purchases for
his or her own use or enjoyment certain items listed in this document.
DEALER
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.
FEE
An amount of money in the form of a separate charge in and
above the cost of the item purchased.
MAJOR APPLIANCES
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.