Town of Mamakating, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamakating 6-1-1972; amended in its entirety 4-4-1996 by L.L. No. 1-1996. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 120.
Junkyards — See Ch. 124.
Sewage disposal — See Ch. 155.
Junked vehicles — See Ch. 189.
By the adoption of this chapter, the Town Board of the Town of Mamakating declares its intent to regulate in a manner consistent with the interest of the citizens of the Town of Mamakating the dumping of garbage, rubbish, refuse and similar waste material on lands within the town. Garbage is a deleterious substance and garbage dumps emit obnoxious odors and fumes. Unattended private garbage dumps and disposal areas attract rodents and vermin and become breeding places for them. The process of burning garbage causes smoke and oxidized garbage to be given off into the air which the community breathes. All of these conditions can adversely affect the development of the Town unless they are properly and carefully regulated. Therefore, recognizing the above and the need of the community for an adequate and well-regulated procedure for the disposal of garbage and rubbish and in the exercise of its police powers in this regard, the Town Board of the Town of Mamakating does hereby enact the following chapter.
This chapter shall apply to dumping upon all lands, public or private, within the Town of Mamakating outside of the Incorporated Villages of Wurtsboro and Bloomingburg and also to the collection, transportation and disposal of garbage, sewage and refuse within said town.
As used in this chapter, the following terms shall have the meanings indicated:
CONTENTS OF CESSPOOLS AND SEPTIC TANKS
Includes all wastes, solid or liquefied, emptied or discharged into cesspools or septic tanks, of whatsoever kind, and which are removed for cleaning such cesspools and septic tanks.
FECAL MATTER AND SEWAGE
Applies to wastes, solid or liquid, human and animal.
GARBAGE, DECAYING AND ROTTING REFUSE AND WASTE
Includes all waste food products, vegetables, fruit, meats, offal or other animal matter discarded and unfit for human or animal consumption and whether rotting or putrified and which has been discarded and all other things which have rotted, become moldy or are otherwise unfit for use.
OFFENSIVE OR NOXIOUS SUBSTANCE
Applies to any product or thing having a vile or offensive odor, stench, gas or smell.
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
REFUSE
Includes waste material, car bodies, vehicles, machinery, waste metal, tin cans, ashes, cinders, glass, pottery and all discarded substances of a solid and incombustible or combustible nature.
SEWAGE
Applies to all wastewaters, human or animal fecal matter or other waste matters draining through sewers.
No person shall use any of the lands within the Town of Mamakating as a dump or dumping grounds, nor shall any person throw, dump, deposit or place on such lands or cause to be thrown, dumped, deposited or placed on such lands any garbage, decaying and rotting refuse and waste, offensive or noxious substances, refuse, sewage or any other waste material or waste substances, such as (but not limited to) inoperable, unregistered or junked vehicles (except as authorized by Chapter 124, Junkyards and Junk Dealers, or Chapter 189, Vehicles, Junked, of the Code of the Town of Mamakating), machines, appliances, bottles, cans, garbage, trash, rubbish, litter, contents of cesspools and septic tanks, fecal matter or sewage, nor dispose or attempt to dispose of any such materials, substances or matter by burying the same on such lands or burning or incinerating the same on such lands.
The disposal of the matter and materials referred to herein shall, in all instances, comply with the New York State Sanitary Code, Part 19.
No person shall throw or deposit or cause to be thrown or deposited any garbage, refuse, contents of cesspools or septic tanks, sewage, fecal matter or abandoned vehicles or parts thereof in or upon any public highway, street or place within said Town of Mamakating, excepting upon the dumping grounds designated by the Town pursuant to the regulations hereof.
No person shall throw or deposit or cause to be thrown or deposited any garbage, decaying and rotting refuse and waste, offensive or noxious substances, refuse, sewage or waste materials or waste substances, such as (but not limited to) inoperable, unregistered or junked vehicles (except as authorized by Chapter 124, Junkyards and Junk Dealers, or Chapter 189, Vehicles, Junked, of the Code of the Town of Mamakating), machines, appliances, bottles, cans, garbage, trash, rubbish, litter, contents of cesspools and septic tanks, fecal matter or sewage, in or upon any public highway, street or place within said Town of Mamakating.
All commercial vehicles used for garbage disposal and/or transportation shall contain all-metal, completely enclosed bodies which are leakproof, preferably of the packer type.
All persons shall deposit all garbage in watertight containers provided with tight covers which shall prevent the access of flies, animals or rodents. These containers shall be of such size and number as to provide storage for at least one day's accumulation and, during the summer months, shall be emptied and cleared once daily where necessary and, during the remainder of the year, at least three times weekly, where necessary.
A. 
Exceptions to requirements as to equipment. Any equipment used by private individuals (as opposed to commercial) for garbage disposal and/or transportation need not be of the packer type. Equipment used by such private individuals for disposal and/or transportation of garbage shall be of leakproof, covered construction or, alternatively, garbage, when transported, shall be contained in leakproof, covered containers.
[Amended 4-4-1996 by L.L. No. 1-1996]
B. 
Exceptions. This chapter shall not be deemed to apply to the deposition of these articles falling within the definition of other refuse commonly deposited in regularly operated junkyards so long as the depositing of such material is confined to junkyards regularly operated as such within the Town of Mamakating at the effective date of this chapter.
All garbage, decaying and rotting refuse and waste, offensive or noxious substances, refuse, sewage, waste material or waste substances, such as (but not limited to) inoperable, unregistered or junked vehicles (except as authorized by Chapter 124, Junkyards and Junk Dealers, or Chapter 189, Vehicles, Junked, of the Code of the Town of Mamakating), machines, appliances, bottles, cans, garbage, trash, rubbish, litter, contents of cesspools and septic tanks, fecal matter or sewage, shall only be disposed of and deposited at facilities duly authorized by law to accept such substances.
A. 
Any person who commits or permits any acts or violations of any of the provisions of this chapter shall:
[Amended 6-11-2002 by L.L. No. 3-2002; 11-1-2005 by L.L. No. 5-2005]
(1) 
For a first violation hereof, within a period of 10 years, be guilty of a violation which shall be punishable by a fine of not less than $250 and not more than $500 or by a sentence of not more than 15 days in jail, or both;
(2) 
For a second violation hereof, within a period of 10 years, be guilty of a violation which shall be punishable by a fine of not less than $500 and not more than $1,000 or by a sentence of not more than 15 days in jail, or both;
(3) 
For a third violation hereof, within a period of 10 years, be guilty of a violation which shall be punishable by a fine of not less than $1,000 and not more than $1,500 or by a sentence of not more than 15 days in jail, or both.
B. 
A violation of this chapter shall be subject to a civil penalty enforceable and collected by the Town in the amount of $250 for each such offense. Each week's continued violation shall constitute a separate additional violation. This provision is in addition to all other remedies to which the Town may be entitled as a result of a violation of this chapter.
C. 
In addition to the above penalties and punishments, 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 compel by injunction the violation of this chapter.