[HISTORY: Adopted by the Town Board of the Town of Stockport
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-10-1989 by L.L. No. 1-1989]
It is hereby determined by the Town Board that the disposal
of garbage, rubbish and construction debris and the operation of dumps
and facilities for the disposal of garbage, rubbish and construction
debris unless under proper control are likely to constitute a hazard
and menace to the health and safety of the residents of the Town of
Stockport, and it is the intent of this article to prohibit the disposal
and the operation of dumps and facilities for the disposal of garbage,
rubbish and construction debris in the Town of Stockport.
A.Â
DUMP
FACILITIES
PERSON
RUBBISH, GARBAGE OR CONSTRUCTION DEBRIS
As used in this article, the following terms shall have the meanings
indicated:
A place used for disposal and leaving of paper, rubbish and
waste material of any nature by the public or by any person as hereinabove
defined.
An incinerator or any place where waste food material, cans,
bottles and containers for food, dead animals or parts thereof, vegetable
matter of any kind or any other matter which shall be inflammable
or capable of fermentation or decay, including sewage waste, may be
placed or left for disposal by the public or any persons other than
the owners of the property on which the same is located.
Includes an individual, firm, partnership, corporations,
municipalities or municipal corporations or associations of persons,
and the singular shall include the plural number.
Includes any waste material, whether composed of wood, paper,
cloth, cardboard, plastic, metal, cement or otherwise, including the
ash residue resulting from the combustion of any waste material.
B.Â
All other terms, phrases and words used herein shall be as defined
in the New York State Sanitary Code or, if not defined therein, shall
have the meaning ordinarily given thereto. They shall be given the
construction provided for in the General Construction Law of the State
of New York.
A.Â
Restrictions. The disposal of rubbish, garbage or construction debris
or the operation or maintenance of a dump or facility for the disposal
of rubbish, garbage or construction debris is hereby prohibited in
the Town of Stockport, except the disposal in or the operation of
any landfill or refuse disposal area operated by the Town of Stockport,
a joint municipal landfill commission or a solid waste management
facility authorized by the County of Columbia.
B.Â
Exception. Nothing herein contained shall be deemed to prohibit any
person from disposing of rubbish, waste material and garbage within
the property boundaries of a single-family residence or farm within
which such rubbish, waste material and garbage is produced. Furthermore,
the accumulation or placing of organic waste materials intended solely
for agricultural or horticultural purposes shall be exempted from
the provisions of this article.
No person or governmental agency shall remove, transport or
permit the removal or transportation of any offensive or toxic materials
within the Town of Stockport, except in such manner or by such conveyance
as will prevent the creation of a nuisance or the loss or discharge
of such material in a public place.
[Amended 8-5-1998 by L.L. No. 1-1998]
Any person violating any of the provisions of this article may,
upon conviction, be penalized by a fine not exceeding $1,000 or imprisonment
not exceeding one year, or both. Each day such violation shall continue
shall constitute a separate violation. In addition to the penalties
herein provided, the Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or restrain by injunction the violation of this article.
[The Columbia County recycling regulations are in effect
and enforced within the Town of Stockport.]
