[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.]
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]
