ARTICLE IGarbage, Rubbish and Refuse (§ 190-1 — § 190-7)
§ 190-1Prohibited dumping.
§ 190-3Receptacles; disposal.
§ 190-4Garbage-collecting vehicles.
§ 190-5Compliance required; removal by Town.
§ 190-6Penalties for offenses.
§ 190-7Severability; applicability of other provisions.
No person, firm or private or municipal corporation shall throw, cast, lay, bury, store, dump, deposit, incinerate or place or cause to be thrown, cast, laid, buried, stored, dumped, deposited, incinerated or placed, for the purpose of abandonment or otherwise, any of the following, without limitation: ashes, offal, dead animals, vegetables, garbage, dross, plumbing and electrical fixtures, cinders, shells, paper, dirt, filth, broken glassware, carpeting, furniture, crockery, bottles, batteries, junk, metal, plastics, wall coverings, plaster, lumber, Sheetrock, cardboard, fiberboard, roofing materials, plywood, siding, gutters, inoperable motorized vehicles or any part thereof, tires, appliances, industrial and commercial waste, metal containers or waste material or garbage of any nature, on any public or privately owned lot, tract of land, street, lane, alley, surface watercourse or water body within the corporate limits of the Town of Montgomery and outside the corporate limits of any village therein.
The provisions of this article shall not apply to:
A private, noncommercial site at which only recognizable uncontaminated concrete, cinderblock, asphaltic pavement, brick, soil and stone is placed for the purpose of land reclamation, such as grade adjustment for the purpose of construction of a building, parking area or roadway. Such activity shall occur only between the hours of sunrise and sunset. Such sites shall be subject to regulation by the New York State Department of Environmental Conservation (DEC), and if the DEC determines that any permit is necessary, this article shall not act to negate such requirement.
The disposal of trees, stumps, woodchips, brush and natural yard waste generated from land clearing or grounds maintenance when generation and disposal occurs on the same property or when such disposal results from the necessary roadway maintenance program of the Town of Montgomery Highway Department. Such disposal may include incineration subject to the rules and regulations of the DEC and any other applicable statute and local ordinance.
Any necessary acts of the Town of Montgomery or its agents, servants, employees and contractors with regard to the final closure of the Town of Montgomery landfill.
All garbage, kitchen wastes, paper and other rubbish at dwellings and all business establishments located within the limits of the Town of Montgomery and outside the corporate limits of any village therein shall be deposited in suitable covered receptacles, which shall be protected from flies and emptied and cleaned as often as necessary to keep them and their surroundings in a sanitary condition and free from objectionable odors. The contents shall be disposed of in such a way as not to violate this article.
All garbage or carting trucks, public or private, collecting, disposing of and/or transporting garbage, refuse, rubbish or other waste material within the limits of the Town of Montgomery and outside the corporate limits of any village therein shall be equipped with a permanent cover to prevent any garbage, refuse, rubbish or other waste material from exiting said truck.
All vehicles and trailers, other than garbage or carting trucks, collecting, disposing of and/or transporting garbage, refuse, rubbish or other waste material within the limits of the Town of Montgomery and outside the corporate limits of any village therein, shall, at the time of collecting, disposing of or transporting garbage, refuse, rubbish or other waste material, be equipped to prevent garbage, refuse, rubbish or other waste material from exiting said vehicle.
If the provisions of the foregoing sections are not complied with, the Code Enforcement Officer shall serve written notice, either personally or by mail, upon the owner, lessee or occupant or any person having the care or control of any such lot or land to comply with the provisions of this article. Service by certified mail with return receipt requested upon the owner at his address as given on the latest tax assessment roll shall be deemed proper service. In the event that the certified mailing is returned as "unclaimed," the Code Enforcement Officer shall resend the notice by regular mail in a plain envelope containing only a return address, and the failure of such letter to be returned within seven days of mailing shall be presumptive evidence that proper notice has been accomplished under this article. If such person fails, neglects or refuses to remove such rubbish or debris described in § 190-1 within five days after receipt of such notice, the Code Enforcement Officer may cause such debris or rubbish on such land to be removed, and the actual cost of such removal, plus 5% for inspection and other additional costs in connection therewith, shall be certified by the Code Enforcement Officer as to the property on which such debris and rubbish were located and shall be added to and become a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
Any person who commits or permits any acts in violation of any of the provisions of this article shall be deemed to have committed an offense against this article and also shall be liable for said violation or the penalty therefor. For every violation of any provision of this article, the person violating the same shall be subject to a fine of not more than $250, or imprisonment of not more than 15 days, or by both such fine and imprisonment. Each week the violation continues, subsequent to the end of the notice period as described in § 190-5, shall constitute a new violation without further notice.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.