[Adopted 10-7-1969 by L.L. No. 1-1969]
As used in this article, the following terms shall have the meanings
indicated:
GARBAGE
Waste food, dead animals or parts thereof, vegetable matter of any
kind, or any other matter which shall be capable of fermentation or decay,
or which shall give off an odor.
PERSON
An individual, society, club, firm, partnership, corporation or association
of persons, and the singular number shall include the plural number.
REFUSE
Waste metal, metal cans, ashes, cinders, glass, pottery, paper, cardboard,
rags, bottles, rubbish, wood, lumber, and all other discarded substances,
other than garbage.
RESIDENT
Those persons having their domicile within the limits of the said
Town of Inlet, Hamilton County, New York.
In the event that the facilities or arrangements of the Town of Inlet
for the removal or disposal of refuse or garbage within the Town shall be
deemed inadequate, any resident of the said Town may establish and operate
a dump, dumping ground or disposal facility upon written permit obtained upon
application in writing to the Town Board, and which said dump or refuse area
shall be operated within compliance of Section 19.2 of Title 10 of the Official
Compilation of Codes, Rules and Regulations of the State of New York.
The Town of Inlet shall not establish any other refuse disposal area
within the Town of Inlet without the approval in writing from the full-time
health officer in whose jurisdiction such proposed refuse disposal area will
be located.
Any violation of any provision of this article shall be deemed a misdemeanor,
and upon conviction thereof, an offender shall be punished by a fine not exceeding
$50 for each offense.
[Adopted 11-4-1992 by L.L. No. 1-1992]
This article shall be known as the "Town of Inlet Solid Waste Management
Law."
As used in this article, the following terms shall have the following
meanings:
CONSTRUCTION AND DEMOLITION DEBRIS
Waste resulting from construction, remodeling, repair, and demolition
of structures, roads, buildings, and land clearing. Such waste shall include
but is not limited to bricks, concrete, and other masonry materials, soil,
lumber, road spoils, paving materials, and brush.
GREEN WASTE
Grass clippings, leaves, and cuttings from shrubs, hedges and trees.
HOUSEHOLD GARBAGE
Putrescible solid waste, including animal and vegetable waste, resulting
from the handling, storage, sale, preparation, cooking or serving of foods.
Garbage originated primarily in home kitchens, stores, markets, restaurants,
and other places where food is stored, prepared, or served.
HOUSEHOLD HAZARDOUS WASTE
Includes but is not limited to the following products and their empty
containers: hair spray, pesticides, insecticides, herbicides, petroleum products,
caustic chemicals, paint, batteries, wood preservatives, varnishes, paint
thinners and other solvents, photo and hobby chemicals, swimming pool chemicals,
antifreeze and other automobile fluids, and household cleaners, polishes and
waxes, and automobile batteries.
LARGE HOUSEHOLD FURNISHINGS
All other large and/or bulky articles used in the home and which
equip it for living, including but not limited to chairs, sofas, tables, beds,
carpets, etc.
MAJOR APPLIANCES
A large and/or bulky household mechanism, including but not limited
to stoves, refrigerators, washing machines, dryers and freezers, ordinarily
operated by gas, wood, or electrical current.
MOTOR VEHICLES
Motor vehicles as defined in the Vehicle and Traffic Law of the State
of New York.
NONRECYCLABLE MATERIAL
Soft plastic containers, rags, sweepings, excelsior, rubber, leather,
crockery, straw, dirt, filth, ashes, wastepapers and similar waste material.
PERSON
An individual, society, club, firm, partnership, corporation or association
of persons, and the singular number shall include the plural number.
RECYCLABLE MATERIAL
Material derived from the waste stream for its reuse or resale value:
said material being all cardboard, newspapers, magazines, and flat paper.
Said material also shall include commercial packaging or processing, including
all cans, glass, food containers, bottles with metal rings and tops removed,
and hard plastics.
SOURCE SEPARATION
The separation of recyclable materials at the point of generation
for separate collection.
No person shall dispose of garbage or recyclable or nonrecyclable material
except as follows:
A. In order to facilitate the conservation of vital natural
resources through recycling, each person shall separate the waste into the
following three categories: garbage, recyclable materials, and nonrecyclable
materials. The Town Board, by resolution, shall adopt rules and regulations
for the collection, transportation, processing, sorting, storage and marketing
of the solid waste components. Said rules and regulations shall become effective
30 days after said regulations have been published in the official newspaper
of the Town of Inlet.
B. In order to further facilitate the conservation of vital
natural resources through recycling, discarded newspapers, cardboard, magazines,
and flat papers shall be separated from other recyclable material for a separate
disposal, and said newspaper, cardboard, magazines, and flat papers shall
be securely tied in bundles each weighing not in excess of 40 pounds.
C. From the time of placement of garbage, recyclable material,
nonrecyclable material, and all other materials at the curb, at the recycling
site, or landfill site by a person for collection in accordance herewith,
such garbage, recyclable material, nonrecyclable material and all other materials
shall become the property of the Town of Inlet or its authorized agent. It
shall be a violation of this article for any person without the authority
of the Town Board of the Town of Inlet to collect, pick up, remove, or cause
to be collected, picked up or removed any garbage, recyclable material or
nonrecyclable material at any of the foregoing locations, and each such collection,
pick up, or removal from one or more of said locations shall constitute a
separate and distinct offense in violation of this article.
D. It shall be a violation of this article for any one to
place at the curb, or at a transfer recycling site, or landfill site for collection
any container other than a container which solely contains garbage or solely
contains recyclable material or solely contains nonrecyclable material.
E. It shall be a violation of this article for any person
to knowingly dispose of any hazardous household or industrial waste by including
same in garbage or nonrecyclable materials.
F. It shall be a violation of this article for anyone to
violate any of the rules and regulations established by the Town Board pursuant
to this article.
All commercial and industrial garbage and recyclable materials will
be subject to the same rules and regulations established pursuant to this
article and regulating household garbage, recyclable materials and nonrecyclable
materials.
Failure to comply with this article by any person shall be an offense
punishable as follows: conviction of the first offense under this article
shall be punishable by a fine of $50, and in addition anyone convicted of
a first offense hereunder shall be liable to pay a civil penalty of $50. Conviction
of a second offense hereunder shall be punishable by a fine of $100 or imprisonment
of not more than 15 days, or both, and in addition, anyone convicted of a
second offense hereunder shall be liable to pay a civil penalty of $100. Conviction
of a subsequent offense hereunder shall be punishable by a fine of not less
than $100 and not more than $500, or imprisonment of not more than 30 days,
or both, and, in addition, anyone convicted of a subsequent offense hereunder
shall be liable to pay a civil penalty of $1,000 and/or the imposition of
community service at the discretion of the justice.
A person is criminally liable for conduct constituting an offense hereunder
which he performs or causes to be performed in the name or in behalf of a
corporation, to the same extent as if such conduct were performed in his own
name or behalf.
All prior collection and disposal ordinances shall remain in full force
and effect except as herein modified by this article. If there is any conflict
between this article and the prior ordinances, this article shall control.