This chapter shall be known and may be cited as the "Dump and
Disposal Ordinance for the Town of Bath, Steuben County, New York."
Whenever used in this chapter, unless otherwise expressly stated
or unless the context or subject matter requires a different meaning,
the following terms shall have the respective meanings hereinafter
set forth or indicated:
DUMPING GROUND
Any premises heretofore or hereafter acquired by the Town
of Bath by lease, purchase or otherwise for the purpose of carrying
out thereon a landfill or other method for the disposal of garbage
or rubbish.
GARBAGE
All putrescible or decaying wastes; every waste accumulation
of vegetable, fruit, animal or similar organic matter that attends
the preparation, use, cooking, dealing in or storage of meat, fish,
fowl, fruit or vegetable; and also includes tin cans that have contained
food material, but does not include sewage, body wastes or carcasses
of dead animals.
PERSON
An individual, society, club, firm, partnership, corporation,
group or association of persons, and the singular number includes
the plural number.
RUBBISH
Waste material, tin cans, ashes, cinders, paper and other
discarded substances, whether liquid or solid and/or combustible in
nature.
[Amended 6-14-1993 by L.L. No. 2-1993]
[Amended 12-8-1986 by L.L. No. 2-1987]
Any person violating any provision of this chapter shall, upon
conviction thereof, be punishable by a fine not exceeding $250 for
each offense or by imprisonment in the county jail for a term not
exceeding 15 days, or by both said fine and imprisonment, and, upon
failure to pay such fine, to imprisonment in the county jail until
such fine can be paid, not to exceed one day for each dollar of fine
imposed and, in addition, may be subject to civil action brought in
the name of the town under § 135 of the Town Law. In such
civil action, the town may recover a penalty of $250 for each violation.
Any person who or whose servant, agent, employees or officers
shall be convicted of violation hereof may hereafter be denied the
use of such dumping ground, either temporarily or permanently, by
the officer or employee in charge thereof or by resolution of the
Town Board.
If any portion of this chapter shall be declared void or adjudged
invalid by any court of competent jurisdiction, it shall not affect
the validity of the remaining portion. If any act of the legislature
or any rule of a state department having the effect of law shall amend
or supersede any portion, this chapter shall be deemed so amended
or superseded without the necessity of the Town Board to adopt another
ordinance so amended or superseding.
[Added 6-14-1993 by L.L. No. 2-1993]
A. If a violation of any provision of this chapter is found to exist, in addition to the penalties that may be levied under §
70-6, the town or its authorized agent may enter the premises to correct such violation.
B. Where the town or its authorized agent corrects a violation of this
chapter, the owner of the property shall be liable for all costs of
such corrective measures, and said costs shall be a lien on the premises.
C. The amount so charged shall forthwith become a lien upon such lands
and shall be added to and become and form part of the taxes next to
be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes.
[Added 6-14-1993 by L.L. No. 2-1993]
This chapter shall become effective immediately upon filing
with the Secretary of State.