[HISTORY: Adopted by the Town Board of the Town of Hamburg 9-13-1971
by L.L. No. 17-1971. Amendments noted where applicable.]
This chapter is adopted for the purpose of promoting the health, safety
and general welfare of the community and to prevent and control air contamination
and pollution caused by burning and by smoke emissions.
Definitions of words and terms. As used in this chapter, the following
terms shall have the meanings indicated:
Animal and vegetable matter originating in houses, kitchens, restaurants
and hotels, produce markets, etc.
Any device, apparatus, equipment or structure used for destroying,
reducing or salvaging by fire any material or substance, including, but not
limited to, "refuse," "rubbish," "garbage," "trade waste," "debris or scrap,"
or a facility for cremating human or animal remains.
Any individual, firm, corporation, association, society, joint company,
partnership, governmental unit and their agents or employees.
All putrescible and nonputrescible wastes (except body wastes), and
shall include, but not be limited to, garbage, rubbish, yard trimmings, leaves,
ashes, street cleanings, dead animals, abandoned automobiles and solid market
and industrial wastes.
Solids not considered to be highly flammable or explosive, and shall
include, but not be limited to, rags, old clothes, leather, rubber, carpets,
wood, excelsior, paper, ashes, tree branches, yard trimmings, furniture, tin
cans, glass, crockery, masonry and other similar materials.
Any business, trade or industry engaged in whole or in part in salvaging
or reclaiming any product or material, including but not limited to metals,
chemicals, shipping containers or drums.
All solid or liquid material or rubbish resulting from construction,
building operations, or the prosecution of any business, trade or industry,
and shall include but not be limited to plastic products, cartons, paint,
grease, oil and other petroleum products, chemicals, cinders and other forms
of solid or liquid waste materials.
No incinerator is permitted to be used for disposal of industrial or
commercial scrap, waste material, refuse, rubbish, garbage, waste, or any
combination thereof, and the town, its department heads, agents, or representatives
are prohibited from authorizing and issuing a permit for any such incinerator,
at any time.
A.Â
Any person owning, operating, having charge of or having
control of any equipment, who shall cause, permit or participate in violation
of this rule and regulation shall be individually and collectively liable
for any penalties imposed herein.
B.Â
Any person violating any of the provisions of this rule
and regulation, or making any false, statement or false report in connection
therewith, shall be subject to fines and penalties as, provided herein.
If any provision of this rule and regulation, or the application of
such provisions, to any person or circumstances shall be held invalid, the
validity of the remainder of this rule and regulation and the applicability
of such provisions to other persons or circumstances shall not be affected
thereby.
Any person or persons who shall violate any provision of this code or
who shall fail to comply therewith, or with any of the requirements thereof,
shall be punishable by a fine not to exceed $50 and imprisonment not to exceed
30 days, or both.
This chapter shall take effect immediately after proper filing, including
with the office of the Secretary of State and the State Comptroller.
