[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.]
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:
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.
Applies to wastes, solid or liquid, human and animal.
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.
Applies to any product or thing having a vile or offensive odor,
stench, gas or smell.
Includes an individual, society, club, firm, partnership, corporation
or association of persons, and the singular number shall include the plural
number.
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.
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.
