[Adopted 10-9-1969 as L.L. No. 3-1969]
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:
A person engaged in the collection of refuse in return for
the payment of a fee or other consideration.
To dump, deposit, throw or throw away.
Any individual, firm, company, association, partnership,
society, corporation (municipal, public, stock or nonstock) or group.
A disposal area operated by the Town of Schodack.
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.
A.
Any resident of the Town of Schodack or any person
conducting an established business located within the Town of Schodack
may apply to the Town Clerk for a permit to use the public sanitary
landfill site operated by the town. Such permit shall be issued by
the Town Clerk and shall be valid for the calendar year for which
it is issued. Such permit, upon application, will be renewed by the
Town Clerk upon expiration of the permit for the preceding calendar
year. At the time of issuance of such permit or any renewal thereof,
the Town Clerk will issue to the holder of such permit a suitable
form of identification to enable the holder to gain admittance to
the public sanitary landfill site. Any resident permit issued hereunder
shall become invalid upon the termination of residency or upon the
cessation of business in the Town of Schodack by the holder.[1]
B.
Such permit shall not be construed to permit the holder
to use any public sanitary landfill site in any way contrary to the
provisions of this Article or contrary to any lawful rules and regulations
promulgated by the Town Board concerning the use of such public sanitary
landfill site.
C.
No person 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 the household of such resident or originating
upon the premises of such person conducting an established business
located within the town.
[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.
