[HISTORY: Adopted by the Town Board of the
Town of Kingston as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 217.
[Adopted 10-21-1981 by L.L. No. 1-1981; amended in its entirety 8-2-2004 by L.L. No. 1-2004]
By adoption of this article, the Town Board
of the Town of Kingston declares its intent to be to regulate in a
manner consistent with the interest of the citizens of the Town of
Kingston, the collection of garbage, rubbish, refuse and similar waste
material on lands within the Town.
For the purpose of this article, the following
terms shall have the following meanings ascribed to them, unless further
meanings are given to them by context:
Includes waste food, papers, dead animals or parts thereof,
ashes, offal, vegetables, garbage, dross, cinders, shells, straw,
shavings, paper, dirt, filth, and all waste or discarded wood, lumber,
or vegetable matter of any kind, or any other matter, which shall
be inflammable or capable of fermentation or decay.
An individual, society, club, firm, partnership, corporation,
association of persons, and the singular number shall include the
plural number.
Solid waste that exhibits potential to be used repeatedly
in place of virgin material. This includes, but is not limited to,
noncontaminated glass jars and bottles, plastic jars and bottles,
metal cans, cardboard, newspapers and magazines.
Mixed refuse originating in and around single or multiple
dwellings of three or less families.
Includes waste material, tin cans, ashes, cinders, glass,
pottery, and all discarded substances of a solid and incombustible
nature.
There shall be refuse and garbage collection
scheduled once weekly for residential properties subject to the provisions
and conditions as herein set forth.
Collections shall be limited as follows:
A.
Garbage.
(1)
One-family residences: no more than four receptacles
having a volume not to exceed 32 gallons each (128 gallons combined
volume) or eight bags having a combined volume not to exceed 128 gallons.
(2)
Two-family residences: no more than eight receptacles
having a volume not to exceed 32 gallons each (256 gallons combined
volume) or 16 bags having a combined volume not to exceed 256 gallons.
(3)
Three-family residences: no more than 12 receptacles
having a volume not to exceed 32 gallons each (384 gallons combined
volume) or 24 bags having a combined volume not to exceed 384 gallons.
C.
No person shall collect or deposit any garbage, rubbish
or recyclables of any kind, which originates outside the bounds of
the Town of Kingston, Ulster County, New York. The owner and any occupant
and/or tenant of the premises to which the trash pickup and recycling
service are provided will be jointly and severally liable for any
violation and penalties of these provisions.[1]
A.
All persons shall be responsible for compliance with
the provisions of this article.
B.
Unless otherwise provided for, any person who violates
any provisions of this article, including any rule or regulation,
shall be found guilty of an offense punishable by a fine of $100 and,
in addition thereto, shall be liable to pay a civil penalty of $100;
for a second violation within one year of the first violation, shall
be guilty of an offense punishable by a fine of $250 or by imprisonment
for up to 15 days, or both, and, in addition thereto, shall be liable
to pay a civil penalty of not less than $250; for a third and subsequent
violation, any person shall be guilty of a misdemeanor, punishable
by a fine of not less than $500 nor more than $1,000 or by imprisonment
of not more than 30 days, or both, and in addition thereto, shall
be liable to pay a civil penalty of $1,000. Each violation shall be
a separate and distinct offense, and in the case of a continuing violation,
each day's continuance thereof shall be deemed a separate and distinct
violation.
C.
Any penalties levied and/or damages recovered under
this article shall be in addition to any other remedies available
under federal, state or local law and may include a provision to the
effect that the violator pay the actual cost to rectify the problem
created by the aforesaid violation of improper disposal of inappropriate
wastes.
D.
Enforcement shall be done by the Town of Kingston
Code Enforcement Officer or any other person delegated by the Town
Board to so act.
[Adopted 6-22-1989 by L.L. No. 1-1989]
No person, firm or private or municipal corporation
shall place, store, deposit or dump or cause to be placed, stored,
deposited or dumped for the purpose of abandonment any old junk, metal,
stones, plaster, lumber, construction and demolition debris, metal
tanks, automobiles, automobile parts (except legal and presently existing
auto salvage yards), barrels, metal cans, or other metal containers,
or medical waste materials, soil waste of any nature on any public
or privately owned lot, tract of land, street, lane, alley, road,
park, or reserve, within the corporate limits of the Town of Kingston,
on any property, public or private.
No material of any nature which could be, or
is considered to be hazardous, infectious, toxic, radioactive, harmful
or a pollutant may be deposited in any dumping area except as specifically
permitted above and as specifically permitted by applicable environmental
regulatory and enforcement agencies such as the United States Environmental
Protection Agency, New York State Department of Environmental Conservation,
Ulster County Health Department, etc. No material whatsoever may be
deposited which is considered in any way to be detrimental to the
health and welfare of the community.
A.
CONSTRUCTION AND DEMOLITION DEBRIS
HAZARDOUS WASTE
REGULATED MEDICAL WASTE
Unless specifically defined below, words or phrases
used in this article shall be interpreted so as to give them the meaning
they have in common usage and to give this article its most reasonable
application.
Wastes resulting from construction, remodeling, repair and
demolition of structures, road building and land clearing. Such wastes
include but are not limited to bricks, concrete, and other masonry
materials, soil, rock and lumber, road spoils, paving material and
tree and brush stumps.
Shall have the same meaning as defined in § 1389-a
of the Public Health Law of the State of New York.
Shall have the same meaning as defined in § 1389-aa
of the Public Health Law of the State of New York.
B.
Word usage. When not inconsistent with the context,
words used in the present tense include the future; words used in
the plural number include the singular; words used in the singular
number include the plural; and words used in the masculine include
the feminine and the neuter. The word "shall" is always mandatory
and not merely directory. The word "person" shall include any firm,
partnership, association, corporation, company or organization of
any kind.
In the event that an offender be a firm or corporation,
the Town of Kingston shall determine the identity of the individual,
officer or personnel responsible for the commission of such offense
and those individuals shall be held personally liable and punishable
for the offense in addition to the firm or corporation.
A.
Any person, firm or corporation who violates the foregoing
provision of this article shall be guilty of a violation, punishable
by a fine not to exceed $5,000 or by imprisonment not to exceed 15
days, or by both such fine and imprisonment for each offense.
B.
Each day of violation of this article shall constitute
a separate offense.
C.
In addition to the above penalties and punishment
for a violation of the provisions of this article, the Town Board
may also maintain an action or proceeding in the name of the Town
of Kingston, in a court of competent jurisdiction, to compel compliance
with, or to restrain by injunction, such violation.
D.
In addition to the above penalties, the responsible
person, firm or corporation shall immediately remove and properly
and legally dispose of all materials illegally deposited and immediately
take all measures necessary to properly and legally restore all disturbed
land and surfaces to the condition preexisting the illegal dumping
actions.
E.
Should the responsible person, firm or corporation
fail to immediately remove the materials illegally deposited on the
property, the Town of Kingston is hereby authorized to go upon the
property and remove the illegal material and restore the premises
to its prior condition insomuch as same is possible, charging an amount
equal to 150% of the Town's actual cost, including reasonable attorney's
fees, caused by noncompliance with the provisions of this article
in addition to the above provided fines and penalties.
F.
Any expense incurred by the Town as described above
shall be a lien on the property until payment is received.
