[Adopted 3-15-1977 by L.L. No. 1-1977]
By the adoption of this article, the Town Board
of the Town of Wappinger declares its intent to be to regulate, in
a manner consistent with the interest of the citizens of the Town
of Wappinger, the dumping of garbage, rubbish, refuse and similar
waste material on the 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 regulations in the
exercise of its police power in these regards, it is enacted by the
Town Board of the Town of Wappinger as follows.
This article shall apply to dumping upon all
lands, public or private, within this town, exclusive of lands lying
within the Village of Wappinger Falls.
As used in this article, the following words
shall have the meanings indicated:
Waste food 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.
An individual society, club, firm, partnership, corporation
or association of persons, and the singular number shall include the
plural number.
Waste metal, metal cans, ashes, cinders, glass, pottery,
paper, cardboard, rags, bottles, rubbish, wood, lumber and all other
discardable substances, other than garbage.
Those persons having their domicile within the limits of
the Town of Wappinger, Dutchess County, New York.
A.
Dumping prohibited. The use of private or public lands
within the Town of Wappinger as a sanitary landfill site, dump, dumping
ground, storage or disposal facility for refuse or garbage is hereby
prohibited.
B.
Automobiles prohibited. No person shall carry or leave
or cause to be carried or left within the Town any automobile, vehicle
or any junk car, either as a whole or dismantled or any parts therefrom,
including tires, unless within a licensed junkyard.
C.
Dead animals and fowl. No person shall carry or leave
or cause to be carried or left within the Town any dead animal or
fowl.
D.
No persons shall carry or leave or cause to be carried
or left within the Town any animal or fowl waste, excrement, discharge,
secretion or feces.
E.
The use of any lands within the Town of Wappinger
as a dump or dumping grounds, storage or disposal facility for any
refuse, garbage, wastepaper, rags, scraps of any kind or description
or any discarded material commonly called "junk" or "trash" or of
any description where such items originate from within the State of
New York but outside the Town of Wappinger as well as the bringing
into the Town of Wappinger of such items of waste or garbage which
originate from within the State of New York but outside the Town of
Wappinger is prohibited.
[Amended 6-8-1981 by L.L. No. 5-1981]
F.
Removal and transportation. No person shall remove
or transport or permit the removal or transportation of any offensive
material within the Town of Wappinger, except in such a manner or
by such conveyance as will prevent the creation of a nuisance or the
loss or discharge of such material in any public place, except as
otherwise provided herein. All such material shall be so handled and
covered that it cannot escape or be accessible to rodents, flies or
other insects or create a nuisance.[1]
[1]
Editor's Note: Former Subsection G, Household
use, which immediately followed this subsection, was deleted 9-13-1999
by L.L. No. 6-1999.
A.
Violation. Any person, firm or corporation who or which commits, causes or permits any acts in violation of any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20BB(2) of the Code or imprisonment for not more than 15 days, or both.
[Amended 9-13-1999 by L.L. No. 6-1999; 3-22-2004 by L.L. No.
5-2004]
B.
Civil remedy. In addition to the penalties provided
herein, 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 restrain by injunction the violation of this
article.
C.
This chapter will be enforced by the Zoning Administrator,
the Building Inspector, the Deputy Building Inspector, the Fire Inspector,
the Deputy Fire Inspector and any police agency having jurisdiction
within the Town of Wappinger.
[Added 8-18-2003 by L.L. No. 10-2003]
