[HISTORY: Adopted by the Town Board of the Town of Gardiner 3-20-1984 by L.L. No. 2-1984 as Ch. 72 of the 1984 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Town of Gardiner Garbage and Rubbish Law."
As used in this chapter, unless the subject matter or context otherwise requires, the following terms shall have the meanings indicated:
GARBAGE
Includes waste food, papers, ashes, offal, vegetables, cinders, shells, straw, shavings, paper, dirt, and all waste or discarded wood, lumber, or vegetable matter of any kind or any other matter which shall be inflammable or capable of fermentation or decay.
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
RUBBISH
Includes waste metal, tin cans, ashes, cinders, glass, pottery and all discarded substances of a solid and incombustible nature.
[Amended 8-12-2003 by L.L. No. 3-2003]
The premises owned by the Town of Gardiner situate at the end of Steve's Lane, Gardiner, New York are hereby designated as the transfer station of this Town, for garbage and rubbish by the residents of the Town, subject to the provisions of this chapter. The regulations herein contained shall also apply to any other lands hereafter acquired or leased for the purpose of disposal of garbage and rubbish.
No person shall carry or leave, or cause to be carried or left, upon the premises mentioned in § 178-3, any automobile, vehicle, machine, appliance or other article, or any part thereof, unless the same shall have been dismantled and the body thereof so cut and flattened out so as to permit the same to occupy a minimum of space. Nothing herein contained, however, shall prevent the leaving of such vehicle or other article on the premises under an arrangement with the caretaker thereof by which such caretaker is to dismantle and properly break up and dispose of the same.
No person shall carry or leave, or cause to be carried or left, upon the premises mentioned in § 178-3, any garbage, as herein defined, or any material, waste, or offal of any kind which creates or may thereafter create a nuisance of any kind or which shall be or may become dangerous to human or animal life; in no event shall dead animals or parts thereof be deposited upon the premises mentioned in § 178-3.
No person not a resident of or conducting an established business in the Town of Gardiner shall deposit any garbage or rubbish of any kind on the premises herein designated for that purpose; in no event shall garbage or rubbish of any kind from outside the Town of Gardiner be deposited upon the premises herein designated for that purpose.
No person shall deposit or cause to be deposited any substance of any kind on the dumping ground herein designated except at the places and in the manner directed by the person in charge of the premises under authority of the Town Board, or by a sign or signs erected upon the premises by its authority.[1]
[1]
Editor's Note: Former Section 72.8, Further general restrictions, which immediately followed this section, was deleted 8-12-2003 by L.L. No. 3-2003.
A. 
The term "commercial use" as used in this chapter shall mean the hauling or transportation of rubbish or garbage from anywhere in the Town of Gardiner to the site designated in § 178-3 herein, for pay or remuneration of any kind. For such commercial use, charges shall be made in accordance with a schedule adopted from time to time by the Town Board.[1]
[1]
Editor's Note: Former Subsections A, B and C, which immediately followed this subsection, were deleted 8-12-2003 by L.L. No. 3-2003.
B. 
Tickets for such commercial use may be purchased at the office of the Town Clerk.
[Amended 8-12-2003 by L.L. No. 3-2003]
Any person violating any of the provisions of this chapter shall, upon his or her conviction thereof, be punishable by a fine not exceeding $250 for each offense or by imprisonment for 15 days, or by both such fine and imprisonment.
Any person, who or whose servants, agents, employees or officers shall be convicted of a violation hereof, may thereafter be denied the use of such dumping ground either temporarily or permanently by the officer or employee in charge thereof or by resolution of the Town Board.
All persons using the site described in § 178-3 hereof, or any other lands hereafter acquired or leased for the purpose of disposal of garbage and rubbish, shall do so at their own risk.
[Added 1-19-1993 by L.L. No. 1-1993]
A. 
Notwithstanding the foregoing sections, the Town Board may permit the disposal and use of certain processed construction and demolition (C&D) debris at the municipal landfill to assist with landfill closure pursuant to an order by the New York State Department of Environmental Conservation. Such debris may originate within or outside of the Town of Gardiner.
B. 
Such debris shall first be processed at a permitted facility in order to reduce bulk and to provide a uniform consistency. Such debris shall only include dirt, masonry, stone, wood chips and other materials typically associated with building or road construction, specifically excluding any hazardous or toxic substance as defined by current state regulations or any material, waste or offal of any kind which creates or may thereafter create a nuisance of any kind or which shall be or may become dangerous to human or animal life. In no event shall the debris contain any matter or substance which would otherwise violate the provisions of any state rule or regulation concerning solid waste disposal, as determined by the New York State Department of Environmental Conservation or by a qualified examiner employed by the Town.
C. 
The disposal and use of construction and demolition (C&D) debris as outlined above shall only be in accordance with an express, written agreement between the Town Board of the Town of Gardiner and one or more designated persons, firms or corporations.