[HISTORY: Adopted by the Town Board of the Town of Eden 11-17-1999
by L.L. No. 2-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Agricultural Advisory Committee — See Ch. 5.
Flood damage prevention — See Ch. 114.
Historic preservation — See Ch. 129.
Public improvement — See Ch. 158.
Stormwater management and erosion control — See Ch. 177.
Subdivision of land — See Ch. 184.
Wind energy conversion systems — See Ch. 217.
Zoning — See Ch. 225.
Properly located and maintained drainage facilities protect public and
private property from damage caused by floods, freshets and high waters. The
protection of public and private drainage facilities in the Town of Eden against
dumping, filling, blockage or obstruction is hereby declared to be an important
public purpose and is a valid exercise of the police power of the Town to
enact laws protecting the health, safety and welfare of persons and property
within the Town of Eden.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all waste, refuse, or discarded substances or materials
of a solid nature at the time of its disposal, whether organic or inorganic,
and without regard to whether it is capable of fermentation or decay; including,
but not limited to, waste food or vegetable matter, dead animals or parts
thereof, discarded trees and tree parts, wood and lumber, yard or landscaping
clippings or debris, metal, plastic, ashes, cinders, glass, construction materials
or demolition debris and other substances or materials of a similar nature
or character.
Includes all drains, culverts, ditches, sluices, streams, waterways,
watercourses and other channels, whether natural or manmade in origin, for
the passage and direction of surface runoff or stormwater.
Includes but is not limited to:
Streams, creeks and tributaries as delineated on the map of the Town
of Eden as prepared by Intelegis, Inc.
Any Town, county or state highway ditch.
Any and all drainage easements as shown on filed subdivision maps.
Any other additional drainage facility designated a "significant drainage
facility" by resolution of the Eden Town Board.
A.
No person shall throw, dump, empty or deposit or permit
the throwing, dumping, emptying, depositing or accumulation of any garbage,
rubbish or debris originating from any source, in or about any drainage facility
designated as a significant drainage facility in the Town of Eden.
B.
No person shall fill, block or obstruct or cause to be
filled, blocked or obstructed, in any manner or to any extent, any drainage
facility designated as a significant drainage facility in the Town of Eden.
The Eden Building Inspector and/or any Eden police officer are hereby
authorized to issue appearance tickets in connection with violations of this
chapter.
Any person violating any provisions of this chapter shall be guilty
of a violation and, upon conviction thereof, shall be punishable by a fine
not exceeding $250 for each offense or by imprisonment for not more than 15
days, or by both such fine and imprisonment.
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law.
