[HISTORY: Adopted by the Town Board of the Town of Carmel 5-5-2010 by L.L. No.
2-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 95.
This chapter is adopted in view of the increase in illegal dumping
of garbage, rubbish, refuse and other offensive materials. It is the
intent of the Town Board of the Town of Carmel to restrict and regulate,
in a manner consistent with the interest of the residents of the Town
of Carmel, the dumping, disposal and accumulation of various wastes
and to require that all dumpster(s) be screened and located in proper
locations in order to promote the health, safety and general welfare
of the persons and property within the Town of Carmel. This chapter
shall be known as the "Illegal Dumping/Trash Enclosure Local Law of
the Town of Carmel."
As used in this chapter, the following terms shall have the
meanings indicated:
An exterior container which is placed for the purpose of
obtaining, collecting, soliciting the donation of, or the storage
of used items, including used clothes, furniture and personalty.
To heap or pile matter capable of decay, including but not
limited to grass cuttings, leaves, brush, decaying foods or paper
products, for use as fertilizer.
Any matter that is defined as construction and demolition
debris in 6 NYCRR Part 360.
A bulk storage container for garbage as defined herein, and
other waste materials that can be hauled directly to the point of
disposal or emptied into a large compactor-type truck or other conveyance
for disposal.
Includes, but is not limited to:
Any waste matter capable or incapable of fermentation or
decay, which is not contained in a waste receptacle, garbage can or
dumpster.
Includes but is not limited to:
Combustible paper, cartons, boxes, barrels, wood, excelsior,
tree branches, yard trimmings, tires, plastics, Styrofoam and synthetics,
wood furniture and bedding, dunnage and all other material subject
to burning.
Noncombustible metal, tin cans, metal furniture, glass, crockery
and minerals, ashes, cinders and pottery.
Solids removed during the treatment of:
Any matter that is defined as solid waste by 6 NYCRR Part
360.
Materials listed or defined as hazardous by either of the
following:
A.
Dumping, disposing, burying, burning or littering of any of the following
on any public or private lands in the Town is prohibited:
(1)
Garbage, rubbish or litter, subject to the following:
(a)
The storage of garbage or rubbish that is awaiting collection
and removal in a durable container in a manner which, in the opinion
and discretion of the Director of Codes Enforcement of the Town of
Carmel, does not impair the public health or safety shall not be deemed
to be prohibited by this section.
(b)
The owner of a one-family residence or farm may compost on the
property comprising said residence or farm matter capable of decay
(as defined in § 93-2 above) generated from that residence
or farm to be used as a fertilizer, so long as the disposal and composting
is done in a nuisance-free manner which does not impair the public
health, safety or general welfare.
(c)
The disposal on areas within the property boundaries of a family
residence or farm of animal carcasses or parts thereof generated from
that family residence or farm shall not be deemed prohibited by this
section so long as the same shall be disposed of pursuant to the applicable
provisions of New York State's Agriculture and Markets Law.
(2)
Sludge; however, the disposal of sludge in accordance with the regulations
of the State Department of Environmental Conservation shall not be
deemed to be prohibited by this section.
(3)
Toxic materials.
(4)
Solid waste; however, the disposal of solid waste at a disposal facility
authorized and licensed in accordance with regulations set forth in
6 NYCRR Part 360 shall not be deemed to be prohibited by this section.
(5)
Construction and demolition debris, subject to the following: The
storage of construction and demolition debris that is awaiting collection
and removal in a manner which, in the opinion and discretion of the
Director of Codes Enforcement of the Town of Carmel, does not impair
the public health or safety shall not be deemed to be prohibited by
this section; provided, however, that said debris is removed from
the site within 45 days from the issuance of a building demolition
permit.
B.
Dumping, disposing or burying of lumber in the Town is prohibited,
except:
(1)
Lumber awaiting use in any construction project stored in a manner
which does not impair the public health or safety.
(2)
This section shall not be deemed to prevent the storage of untreated
lumber intended for the use as firewood so long as the same shall
not be stored in or near any highway or Town road right-of-way, or
at or near any intersection in such a manner as to obstruct or impair
the line of sight for vehicular or pedestrian traffic. No storage
of firewood shall be allowed in the front yard of any residential
dwelling.
C.
Placement of dumpsters is restricted as follows:
(1)
A dumpster shall be located within a residential community as placed
upon the final plans of approval for the development of the community,
or as otherwise approved by the Town Planning Board.
(2)
No dumpster shall be located in or on a public right-of-way.
(3)
No dumpster shall be located in areas regularly used or as previously
approved by the Town Planning Board as designated parking spaces for
commercial or business uses, without the Planning Board's approval.
(4)
Garbage and other waste material must be completely contained within
the dumpster. No accumulation of garbage or other materials, such
as litter, rubbish or waste, will be permitted outside the confines
of the dumpster, nor will it be permitted to accumulate so that the
dumpster cover cannot be firmly closed.
(5)
All dumpsters shall be kept in good repair, be structurally sound,
leakproof and easily opened and closed. Dumpsters shall be painted
as necessary to prevent the showing of rust and deterioration and
be so constructed as to stand firmly upright.
(6)
All dumpsters shall have the name of the company or individual owning
such dumpster clearly printed on either the front or the back of such
dumpster.
(7)
All dumpsters shall be screened as follows:
(a)
With a minimum six-foot fence, slatted or solid, either black,
brown or hunter green; or
(b)
With a minimum six-foot-tall living fence, of such density that
the dumpster cannot be seen through the living fence. Said living
fence must be of evergreen trees and maintained year round; or
(c)
With a minimum six-foot-tall wall, made of brick, stone, or
other masonry.
(8)
The dumpster enclosure shall be not more than four feet larger than
the dumpster to be enclosed within.
(9)
No signage is permitted on the enclosure.
(10)
The trash enclosure shall not be used for any other use but the enclosure
of the dumpster.
D.
Unlawful acts. It shall be unlawful for any person to dispose of
residential waste, ashes, junk goods, recyclable materials, by means
of the following:
(1)
Placing the above-stated materials at the pickup area of another
residence, business or public park.
(2)
Placing the above-stated materials in the containers belonging to
the place of business or residence of another or the containers of
a public park or street.
(3)
Disposing of any of the above-stated materials other than through
the Town or private hauler provided by the owner or resident.
(4)
Disposing of recyclable materials being collected under the Town
or county recycling program with other residential waste or garbage.
(5)
For any nonresident of the Town of Carmel, whether it be person and/or
corporation, to deposit any junk goods, recyclable materials, garbage
or wastes at any site in Carmel, including but not limited to the
pickup area of another resident, business or public park, in containers
belonging to a place of business or residence of another or in containers
of a public park, except for food and beverage waste personally generated
in the use of public parks or eating establishments.
E.
Clothing bin containers. No clothing bins shall be placed within
the Town of Carmel on any public or private properties.
F.
Existing dumpsters. All properties within the Town of Carmel must be in compliance with this chapter within 12 months of the adoption of this chapter. If within the twelve-month period compliance is not achieved, the Property Compliance Officer, police officer, or any other official charged with enforcement of this Code shall issue a violation to the property owner, tenant, or both and seek fines as described in § 96-4 of this Code.
A.
Any person, firm or corporation who or which shall violate or fail
to comply with any of the provisions of this chapter shall, upon conviction,
be sentenced to pay a fine of not less than $250 nor more than $1,000
for each offense and, in default of payment of such fine, be imprisoned
for a term not exceeding 15 days. Each day of violation constitutes
a separate offense.
B.
This chapter may be enforced by the Police Department and/or the
Code Enforcement Office of the Town of Carmel.
