It is hereby determined by the Town Board that
the operation of dumps for the disposal of garbage and rubbish are
likely to constitute a hazard and menace to health and safety of the
residents of the Town of Cobleskill and it is therefore the intent
of this chapter to prohibit the operation of dumps for the disposal
of garbage and rubbish in the Town of Cobleskill pursuant to § 130,
Subdivisions 6 and 15, of the Town Law of the State of New York.
As used in this chapter, the following terms
shall have the meanings indicated:
DUMP
A place used for the disposal and leaving of paper, garbage,
rubbish and waste materials of any nature by the public or by any
person.
PERSON
Includes an individual, firm, partnership, corporation, municipality
or association of persons.
The operation or maintenance of a dump for the
disposal of garbage and rubbish is hereby prohibited in the Town of
Cobleskill.
Nothing herein contained shall be deemed to
prohibit any person from disposing of noncommercial or industrial
rubbish, waste material and garbage on property upon which such rubbish,
waste material and garbage is produced.
[Amended 12-11-1989 by L.L. No. 2-1989]
Any person violating any of the provisions of
this chapter shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding $5,000 for each
offense or by imprisonment in the County Jail for not more than six
months, or by both such fine and imprisonment. The Town Board shall
also have the power to bring a civil action to restrain any violation
of this chapter in a court of competent jurisdiction. When a violation
of this chapter is continuous, each 24 hours thereof shall constitute
a separate and distinct offense.