By the enactment of this Article, the Town of
Schodack declares its intent to be to regulate the use of public sanitary
landfill sites operated by the Town of Schodack. The dumping of refuse,
garbage and rubbish, unless under proper control, are likely to constitute
a hazard to the health and safety of the residents of this town. It
is the intent of this Article to regulate the use of public sanitary
landfill sites operated by the Town of Schodack and to prohibit the
dumping therein of refuse, garbage and rubbish which originated or
was collected from outside the Town of Schodack.
Unless the context specifically indicates otherwise,
the meaning of terms used in this Article shall be as follows:
COMMERCIAL COLLECTOR
A person engaged in the collection of refuse in return for
the payment of a fee or other consideration.
PERSON
Any individual, firm, company, association, partnership,
society, corporation (municipal, public, stock or nonstock) or group.
REFUSE
Include any one or more of the following: garbage, trash,
rubbish and similar used or waste material.
No person not a resident of or conducting an
established business in the Town of Schodack shall dispose of any
refuse upon any public sanitary landfill site operated by the Town
of Schodack other than a commercial collector holding a valid permit
as hereinafter required.
[amended 2-8-1973 by L.L. No. 1-1973]
A. It shall be unlawful for any commercial collector,
as defined herein, to dispose of refuse on any public sanitary landfill
site operated by the Town of Schodack without first obtaining a permit
therefor from the Town Clerk of the Town of Schodack. Such permit
shall be issued by the Town Clerk upon receipt of a properly executed
application form to be prescribed by the Town Clerk and upon payment
of the required fee. Such permit shall be valid for the period for
which it is issued.
B. The fee to be charged for such permit shall be determined
by the Town Board by resolution. In addition, the Town Board shall
have the authority and right to adopt rules and regulations governing
the use of the sanitary landfill, including the establishment of a
schedule of charges or fees to be imposed upon commercial collectors
for the opportunity to dispose of refuse on any public sanitary landfill
site operated by the Town of Schodack. Any violation of such rules
and regulations shall constitute a violation of this Article.
C. All motor vehicles or trucks used in the business
of commercial collection of refuse shall be inspected by the sanitary
landfill site custodian or such other person as the Town Board shall
designate and shall be constructed with a closed body so that refuse
or other material collected shall be completely confined therein and
shall not cause littering.
D. No commercial collector holding a permit issued pursuant
to this section shall be allowed to dispose of any refuse upon any
public sanitary landfill site operated by the Town of Schodack other
than refuse originating in or collected within the Town of Schodack.
The violation by any permittee of this provision shall subject such
permittee to immediate revocation of such permit and other penalties
and punishment as hereinafter provided.
Any person who violates any provision of this
Article shall, upon conviction thereof, be subject to a fine not to
exceed $250 or to imprisonment for a term not to exceed 15 days, or
both. Each week that a violation continues shall be deemed a separate
offense. The town may also maintain an action or proceeding, in a
court of competent jurisdiction, to compel compliance or to restrain
by injunction any violation of this Article, and these remedies shall
be in addition to penalties otherwise prescribed by law.
Any person who commits or permits any acts in
violation of the provisions of this Article shall be subject to revocation
of his permit by the Town Board after a public hearing thereon, at
which time the holder of such permit shall have an opportunity to
be heard. If the Town Board shall determine that such person has violated
the provisions of this Article, then it may revoke such permit.