[HISTORY: Adopted by the Town Board of the Town of Fishkill as indicated in article histories. Amendments noted where applicable.]
Junkyards — See Ch. 96.
No person, corporation or municipal subdivision shall hereafter establish a public dump for the purpose of disposing of garbage, refuse or other debris within the limits of the Town of Fishkill.
Any public dump established by any person, corporation or municipal subdivision prior to the effective date of this article shall be maintained in such manner as shall not cause any undue disturbance, odor, infestation of vermin or in any manner affect the health of the inhabitants of the Town of Fishkill.
Nothing in this article shall be construed as applying to individuals or corporations having areas set aside within their respective properties for the disposing of their personal debris, garbage and trash and/or industrial waste, provided such areas do not cause any undue hazard or produce any ill effect upon the health of the inhabitants of the Town of Fishkill.
[Amended 7-6-1981 by L.L. No. 11-1981]
The penalty for violation of this article shall be a fine of not more than $250 or imprisonment for a term not exceeding 15 days, or both such fine and imprisonment. Such penalty may also be collected in a civil action to recover same.
As used in this article, the following terms shall have the meanings indicated:
- The residue from fires used for cooking and heating buildings.
- Any refuse from animal and vegetable matter, and foodstuffs after it has been used as food; refuse from the kitchen, market, house or store; floor sweepings; table waste or animal or vegetable matter; vegetables, meats, fish, bones, fat and all offal, and organic waste substance, but not including fresh trimmings from meat markets or slaughterhouses.
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies, clubs and all other entities of any kind capable of being sued.
- PUBLIC NUISANCE AFFECTING HEALTH
- A nuisance which is a thing, act or occupation, or use of property, premises, equipment or structure, either private or public, affecting the health of one or more people.
- REFUSE and RUBBISH
- Combustible trash, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture, bedding; noncombustible trash, including but not limited to metal, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other metal fixtures; street rubbish, including but not limited to street sweepings, dirt, leaves, catch basin dirt, contents of litter receptacles, provided that "refuse" shall not include earth and wastes from building operations nor shall it include solid waste resulting from industrial process and manufacturing operations, such as food processing waste, boiling-house cinders, lumber scraps and shavings.
It shall be unlawful for any person to throw, spill, place, deposit or leave, or cause to be thrown, spilled, placed, deposited or left, or to permit any servant, agent or employee to throw, spill, place, deposit or leave, in or upon any street, highway, alley, sidewalk, park, public building, in any running water or body of water within the Town of Fishkill, or other public place in the Town of Fishkill, any dirt, sweepings, filth, rubbish, garbage, vegetables, dead carcass, sewage, slops, excrement, compost, stable manure, ashes, soot, tin cans, rags, wastepaper, barrels, crates, boxes, litter or loose combustible material, or unwholesome or putrescible matter of any kind.
It shall be unlawful for any person, as a passenger in or as owner, driver, manager or conductor of any cart, truck, automobile, bicycle, conveyance or other vehicle, to scatter, drop or spill, or permit to be scattered, dropped or spilled, whether the same be wrapped up in bundles, in bags or otherwise, any dirt, stone or building rubbish, or other light materials of any sort, or manufacturing, trade or household wastes, refuse, rubbish of any sort, or ashes or manure, garbage or other organic refuse or other offensive matter therefrom, or permit the same to be blown off therefrom by the wind, in or upon any street, sidewalk, alley, vacant lot, vacant premises, public buildings or other public place.
It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw, cast, deposit or place, or to cause or permit to run, drop or remain or to be thrown, cast or deposited, any rubbish, garbage, manure, offal or other decomposable organic or putrescible matter which will or might create a nuisance or act as or become a breeding place for flies or as food for rats, or discarded thing capable of holding water which might serve as a breeding place for mosquitoes, or combustible matter which might serve to increase the fire hazard of neighboring property, in or upon any vacant lot or land, or vacant place upon the surface of any lot or land, enclosed or otherwise, except at such place or places designated or provided by the Town Board of the Town of Fishkill, provided that garbage, manure, offal and other putrescible matter may be temporarily kept in suitable cans, vessels, tanks or containers which are watertight and provided with tightly fitting covers as hereinafter provided. Nothing in this section shall be construed as to prohibit the depositing of manure or fertilizers upon any private property for the purpose of cultivating or improving the same nor the maintenance of a compost pile for agricultural purposes.
[Amended 11-1-2004 by L.L. No. 13-2004]
All garbage, as the same is hereinbefore defined, must be kept in durable, rust-resistant, watertight containers which shall have close-fitting covers and adequate handles to facilitate collection and which shall have a capacity not to exceed 95 gallons. All other rubbish, litter, waste, sweeping, refuse, ashes, papers, rags, glass, bottles, wood waste and materials of like character must be kept in suitable receptacles which shall have two handles to carry, a close-fitting cover and which shall be of not more than two bushels' capacity. Nothing in this section shall be construed as to prohibit commercial, industrial or business establishments from storing garbage, refuse and rubbish in containers larger than 95 gallons or two bushels in capacity, provided said containers meet the other requirements set forth in this section.
It shall be unlawful to dispose of any garbage or refuse anywhere in the Town of Fishkill except in a lawfully established garbage or refuse sanitary landfill site designated by the Town Board. There shall be no open dumps within the general limits of the Town of Fishkill.
No person or corporation shall engage in the business of the collection, transportation or disposal of garbage within the Town of Fishkill unless duly licensed by the Town Clerk of the Town of Fishkill. The fee for such license under this article shall be fixed by the Town Board by resolution. Application for licenses shall be submitted to the Town Clerk in writing and shall set forth such information as the Town Board shall, by resolution, require.
Any person or corporation who shall engage in the business of the collection of garbage without obtaining a license therefor shall be in violation of this article.
Any license issued hereunder shall be effective from the date of its issuance until the 31st day of December of the year for which issued, after which a new application for license must be made yearly.
Such license shall be personal with the licensee. It may not be sold, assigned, transferred or disposed of in any manner.
Any municipality-owned landfill site, designated by the Town Board for that purpose, shall be for the exclusive use of the residents of the Town of Fishkill; provided, however, that the Town Board may grant permission for use of the sanitary landfill site by outside persons or corporations upon payment of such fees as may be required by the Town Board by resolution. Any such person or corporation who shall, without permission, transport garbage from outside the Town of Fishkill and dump or discharge the same upon any sanitary landfill site or at any other place in the Town of Fishkill shall forfeit his or its license after a hearing before the Town Board held after five days' notice in writing has been given to the licensee, stating the time, place and purpose of said hearing.
Any municipality-owned sanitary landfill site shall be opened to commercial collection and the public from 9:00 a.m. to 4:00 p.m. on Monday through Friday and 8:00 a.m. to 12:00 noon on Saturday.
The operator of the landfill site shall compact and cover the refuse with a six-inch layer of earth at the close of each day's operation. No garbage or refuse will be permitted to be exposed overnight.
The disposal by the landfill method shall be planned as an engineering project. The project shall be supervised by such persons as are designated from time to time by the Town Board.
Sufficient standby equipment shall be provided to prevent delay in covering due to breakdowns or peak loads.
The final covering for surface and side slopes shall be maintained at a depth of approximately 24 inches in addition to the six inches of earth used for sealing each day.
The layer of refuse shall not exceed the average depth of eight feet after initial compacting. Where deeper fills are necessary, the filling shall be carried on in stages.
No fill shall be removed from any sanitary landfill site by any person or corporation for any purpose without the consent of the Town Board.
Control over the blowing of papers shall be adequately maintained by the use of movable snow fencing.
After the active period of filling operation is completed, maintenance program shall be continued until the fill has become stabilized so as to ensure prompt repair of cracks, depression and erosion of the surface and side slopes.
The custodian of the landfill shall be in full charge of all matters concerning dumping and placing of refuse at the landfill, and failure to obey the directions of the custodian shall be deemed a violation of this article. All persons using a sanitary landfill site shall obey the orders of the custodian as to when and where to dump their refuse. All materials cleaned from trucks or cans shall be disposed of in the trench by the carrier and not left on the road.
A speed limit of 15 miles per hour shall be maintained on access roads leading to the dumping area.
All garbage trucks or vehicles should be equipped with a permanent-type cover to prevent papers, boxes and trash from blowing out of the vehicle body.
No material shall be burned at the landfill site, and any person bringing hot ashes or causing a fire to start at the landfill site shall be subject to penalties imposed for violations of this article.
It shall be unlawful for any person to pick over the refuse deposited at the said landfill site.
No building demolition materials shall be deposited or accepted for deposit at the site.
[Added 7-6-1981 by L.L. No. 8-1981]
No junk automobiles shall be deposited or accepted for deposit at the site.
[Added 7-6-1981 by L.L. No. 8-1981]
The supervisory personnel designated by the Town Board will be responsible for the proper operation, control and maintenance of any sanitary landfill site designated by the Town Board and shall make a weekly inspection of the premises and report to the Town Board once a month as to the sanitary conditions existing on the landfill site.
[Amended 7-6-1981 by L.L. No. 11-1981]
Any person, firm or corporation who commits or permits any act or acts in violation of any of the provisions of this article shall, upon conviction thereof, be liable to a penalty or fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment, for each and every offense. Each day such violation shall continue or be permitted to exist shall constitute a separate violation or offense.
Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the license.
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such article.