Town of Phelps, NY
Ontario County
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[HISTORY: Adopted by the Town Board of the Town of Phelps 7-21-1975 as Ch. 48 of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 105.
Solid waste — See Ch. 119.
Zoning — See Ch. 145.
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of Phelps and the safeguarding of their material rights against unwarrantable invasion and for the protection of public health, and in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of its citizens. It is further declared that the establishment or operation of private dumps, dumping grounds, refuse disposal areas, landfill sites or similar land uses is a hazard to such health, safety and welfare of the citizens of the Town, necessitating the elimination thereof. At the same time, it is recognized that the maintenance of a public dump, dumping ground, refuse disposal area or landfill site owned and operated by the Town is useful and necessary. It is hereby declared that the prohibition of private dumps, dumping grounds, refuse disposal areas or landfill sites or other similar use for the deposit of, burying of or disposal of, in any matter whatsoever, offal, garbage, trash, refuse, rubbish and like wastes, and that the maintenance of a public dump, dumping grounds, refuse disposal area or landfill site is necessary to provide a single confined area for disposal of waste which will facilitate the inspection of facilities for disposal of waste and facilitate the enforcement of sanitary regulations.
No lands other than lands of a public dump or dumping ground heretofore or hereafter established by this Town shall be used as a dump, dumping ground, refuse disposal area or as a landfill site in said Town.
[Amended 6-5-1995 by L.L. No. 1-1995]
The use of land by anyone, even by the owner or anyone acting with or under his permission, as a private dump, dumping ground, refuse disposal area or landfill site is prohibited, and the use of said land for the deposit, burying or disposal in any manner whatsoever of all offal, garbage, trash, refuse or rubbish is also hereby prohibited.
A. 
The provisions of § 77-3 shall not be construed to prohibit the spreading of farm manure on farmlands in a good husbandlike manner nor the disposal of wastes of a farm operator's own household on farm property in excess of 10 acres in a sanitary manner and so as to cause no unsightly appearance to any adjacent property or public highway.
B. 
Notwithstanding § 77-3, the Town Board may grant a permit for the operation of a septic waste disposal site or sites for use by a licensed scavenger service for waste originating in the Town of Phelps subject to such terms and conditions as is deemed necessary and proper to protect the public health, safety and welfare.
[Added 2-17-1981]
C. 
Notwithstanding § 77-3, the Town Board may grant permits for the disposal of highway material consisting of concrete, asphalt chunks, bricks, dirt and stone only which may result from the construction or reconstruction of any New York State highway or the lands adjacent thereto located within the Town of Phelps, subject to such terms and conditions as it deems necessary and proper to protect the public health, safety and welfare.
[Added 5-4-1992 by L.L. No. 2-1992]
D. 
Fill.
[Added 6-5-1995 by L.L. No. 1-1995]
(1) 
Notwithstanding the provisions of § 77-3, anyone may fill any property not in excess of 1/3 acre with fill material as described in NYCRR, Part 360. In the event that anyone may wish to fill any property of an area larger than 1/3 acre, it is required that a fill permit must be obtained from the Phelps Town Board. The Phelps Town Board shall not act until an appropriate application has been submitted to and reviewed by the Town of Phelps Planning Board.
(2) 
"Fill material" as defined in NYCRR, Part 360-7.1(b)(1)i, is incorporated herein by reference, and said definition is hereby adopted as part of the Town of Phelps Municipal Code and is hereby incorporated as if set forth in its entirety.
This chapter shall not prohibit the establishment, by the Town Board, of public dumps, dumping grounds, refuse disposal areas or landfill sites owned and operated by the Town, from time to time.
A. 
A violation of any provision of this chapter shall be an offense punishable by a fine of $350 or imprisonment not to exceed six months, or both, for a conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, the second violation shall be punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, such third and each subsequent offense shall be punishable by a fine of not less than $700 nor more than $1,000 or imprisonment not to exceed six months, or both. Each day such violation continues shall constitute a separate and distinct violation.
[Amended 11-7-1988 by L.L. No. 6-1988; 8-10-2015 by L.L. No. 3-2015]
B. 
However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors; and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation after notice shall constitute a separate additional violation.
[Added 10-3-1994 by L.L. No. 2-1994]