[Adopted 6-3-1969 by L.L. No. 1-1969]
This article shall be known and cited as the
"Refuse Disposal Local Law of the Town of Richmond."
For the purposes of this article, the words
and terms hereinafter listed shall be defined as follows:
An individual, group of individuals, partnership, corporation,
joint venture, society, club, firm, county, city, town or village
or improvement district.
Refuse which results from a resident's ordinary use and occupation
of and on his lands and premises within the Town of Richmond and shall
include refuse delivered to said lands and premises from any other
source, including commercial storage thereof.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, incinerator residue, street cleanings, dead
animals, offal and solid commercial and industrial wastes.
Any person who will, for hire or under contract, collect,
remove, haul away and dispose of refuse accumulated by others.
Land used for the throwing, dumping or depositing of refuse,
except that it shall not include the land used for the throwing, dumping
or depositing of refuse from a single family, a member of which is
the owner, occupant or lessee of said land, or any farm or part thereof
on which animal wastes resulting from the operation of said farm are
thrown, dumped, deposited or spread.
[Amended 12-11-2001 by L.L. No. 2-2001]
A.
It shall be unlawful for any person, other than resident
persons or persons owning, leasing or occupying lands and premises
within the Town of Richmond, to throw, dump or deposit or cause or
permit to be thrown, dumped or deposited in any part of the Town of
Richmond any refuse from any source whatsoever.
B.
It shall be unlawful for any resident person or other
person owning, leasing or occupying lands and premises within the
Town of Richmond to throw, dump or deposit or cause or permit to be
thrown, dumped or deposited in any part of the Town of Richmond any
discarded or abandoned farm machinery, automobiles, trucks or other
motor vehicles, and parts therefrom, except only in or upon lands
and premises duly operated and maintained as a junkyard or automobile
graveyard.
C.
It shall be unlawful for any resident person or other
person owning, leasing or occupying lands and premises within the
Town of Richmond to throw, dump or deposit or cause or permit to be
thrown, dumped or deposited any animal carcasses, hides, offal or
manure in the refuse disposal area now or hereafter owned, leased
or otherwise controlled by the Town of Richmond for the use of the
residents of the town.
D.
Subject to the exceptions set forth in this article,
it shall be unlawful for any resident person or other person owning,
leasing or occupying lands and premises within the Town of Richmond
to throw, dump or deposit or cause or permit to be thrown, dumped
or deposited in any part of the Town of Richmond any refuse from any
source whatsoever, except only in or upon lands or premises now or
hereafter owned, leased or otherwise controlled by the Town of Richmond
and designated as a refuse disposal area and subject to all statutes,
local laws, codes, rules and regulations now or hereafter adopted
or enacted pertaining to the use, operation and maintenance of such
refuse disposal area, including the establishment and regulation by
the Town Board of the Town of Richmond of the hours during which the
refuse disposal area shall be open for the throwing, dumping and depositing
of refuse.
E.
It shall be unlawful for any person to throw, dump
or deposit any waste papers, newspapers or magazines in the area now
or hereafter owned, leased or otherwise controlled by the Town of
Richmond and designated as a refuse disposal area, unless the same
are bagged or baled or tied in bundles.
F.
It shall be unlawful for any unlicensed refuse collector
to throw, dump or deposit any refuse in or upon the lands and premises
now or hereafter owned, leased or otherwise controlled by the Town
of Richmond and designated as a refuse disposal area.
G.
It shall be unlawful for any person to discharge any
firearm in the refuse disposal area now or hereafter owned, leased
or otherwise controlled by the Town of Richmond for the use of the
residents of the town.
H.
It shall be unlawful for any person to start or set
or cause or permit to be started or set any fire in the refuse disposal
area now or hereafter owned, leased or otherwise controlled by the
Town of Richmond for the use of the residents of the town.
The prohibitions set forth in § 168-3 shall not apply in the following instances:
A.
Any resident person or other person owning, leasing
or occupying lands and premises within the Town of Richmond shall
be permitted to dispose of private refuse on the lands and premises
owned, leased or occupied by him and to dispose of such private refuse
on the lands and premises of any other resident person of the Town
of Richmond who maintains and operates a refuse disposal area in conformance
with the Public Health Law of the State of New York and all other
applicable statutes, ordinances, local laws, codes, rules and regulations
now or hereafter enacted or adopted pertaining thereto and provided
that no throwing, dumping or depositing of such private refuse, as
permitted by this subsection, shall be closer than 100 feet to any
highway boundary line bounding the parcel of land on which it is thrown,
dumped or deposited.
B.
Any resident person or other person owning, leasing
or occupying lands and premises within the Town of Richmond shall
be permitted to obtain and store refuse on the lands and premises
for the sole purpose of feeding livestock on said lands and premises,
provided that the same shall be stored and used in conformance with
the Public Health and Agriculture and Markets Laws of the State of
New York and all other applicable statutes, ordinances, local laws,
codes, rules and regulations now or hereafter enacted or adopted pertaining
thereto.
C.
Any refuse collector duly licensed by the Town of
Richmond who regularly collects, removes, hauls away and disposes
of private refuse in the Town of Richmond shall be permitted to throw,
dump or deposit such private refuse in the refuse disposal area now
or hereafter owned, leased or otherwise controlled by the Town of
Richmond for the use of the residents of the town, provided that said
refuse collector shall not bring into the Town of Richmond for deposit
in said refuse disposal area any refuse collected from any source
outside the Town of Richmond, and provided further that said refuse
collector shall comply in full with all statutes, ordinances, local
laws, codes, rules and regulations now or hereafter enacted or adopted
pertaining thereto.
[Amended 3-10-2009 by L.L. No. 3-2009]
Any person who violates this article shall be
guilty of a violation, and upon conviction thereof, shall be subject
to a fine of not less than $100, and not more than $500, or imprisonment
for a term not to exceed 15 days, or both.
