[HISTORY: Adopted by the Town Board of the Town of Kingsbury
as indicated in article histories.]
[Adopted 3-12-1991 by L.L. No. 4-1991 (Ch. 64, Art. I, of
the 1983 Code)]
This article shall be entitled "Solid Waste Treatment and Disposal
in the Town of Kingsbury, Washington County, 1991."
As used in this article, the following terms shall have the
meanings indicated:
The tendency of organic matter to decompose with the formation
of malodorous by-products.
Any act or process by which recyclables are separated from
the solid waste stream.
Solid waste that exhibits the potential to be used repeatedly
in place of a virgin material.
A solid waste management facility, other than collection
and transfer vehicles, at which recyclables are separated from the
solid waste stream or at which previously separated recyclables are
collected.
To use recyclables in place of virgin materials in manufacturing
a product.
Anything putrescible or nonputrescible that is discarded
or rejected as useless or worthless.
Sludge, sewage sludge, septage, air pollution control facility
waste or any other such waste having similar characteristics or effects;
and solid waste remaining after the processing of solid waste by composting
methods that was not made into compost suitable for use.
All putrescible and nonputrescible materials or substances
that are discarded or rejected as being spent, useless, worthless
or in excess to the owners at the time of such discard or rejection,
including but not limited to garbage, refuse, industrial and commercial
waste, sludge from air or water treatment facilities, rubbish, tires,
ashes, contained gaseous material, incinerator residue, construction
and demolition debris, discarded automobiles and offal.
A.Â
The preservation and improvement of the quality of the environment
within the Town of Kingsbury in the face of growth, urbanization and
change, with the accompanying demands on natural resources, are found
to be of increasing and vital importance to the health, welfare and
economic well-being of present and future inhabitants of the Town
of Kingsbury.
B.Â
It is recognized that the integrity of the Town's environment
is in the natural beauty of its surrounding community which cannot
be protected without the full cooperation and participation of all
people of the Town of Kingsbury working in partnership with local,
county and state officials. The establishment of a Solid Waste Treatment
and Disposal Plan for the Town of Kingsbury, Washington County, is
a necessary step in creating a unified action on environmental issues.
C.Â
It is the belief of the Town, upon analysis of Kingsbury's waste
stream, that potential exists for expansion of efforts to increase
waste reduction, ongoing composting and recycling.
D.Â
Furthermore, the Town of Kingsbury recognizes that solid waste is
a continuous process and that the Town must consider the development
of ongoing solid waste management capabilities. This is important
if Kingsbury is to achieve long-term success in implementing waste
reduction and recycling goals.
E.Â
It is the intent of the Town to assert its rights to establish procedures
and standards for its Town so as to protect its public health and
its environment by ensuring the safe, proper and suitable management
of solid waste within the borders of the Town of Kingsbury.
A.Â
The Town Board of the Town of Kingsbury, pursuant to the powers of
the Municipal Home Rule Law and by the powers invested in the enabling
legislation, New York State Laws of 1987, Chapter 681, shall declare
the Town of Kingsbury to preempt and supersede Chapter 681, an act
in relation to solid waste treatment and disposal in Washington County
(1987), to the extent that the Town of Kingsbury hereby retains its
rights and powers to implement said local laws within the Town of
Kingsbury with respect to collecting, receiving, transporting, delivering,
storing, processing and disposing of solid waste or the recovery by
any means of any materials or energy product or resources therefrom,
including delivery in any recycling efforts.
B.Â
This article does not specifically exclude the ability of the Town
pursuant to its governing laws and the Municipal Home Rule law to
enter into an agreement with said County of Washington or other municipal
entities or the private sector regarding solid waste collection or
the receiving, transporting, delivering, storing, processing and disposing
of solid waste or its recovery within the Town of Kingsbury.
This article, pursuant to the Municipal Home Rule Law of the
State of New York, specifically supersedes Chapter 681 of the Laws
of 1987, Washington County – Solid Waste Treatment and Disposal,
as it relates to the ability and powers of Washington County in collecting,
receiving, transporting, delivering, storing, processing and disposing
of solid waste or recovery. Said article hereby asserts the powers
to adopt and amend local laws within its borders so that the local
laws enacted by the County shall not take precedence over and shall
not supersede said article of this Town.
[Adopted 9-19-2005 by L.L. No. 4-2005]
This article shall be known as "A Local Law Regulating Litter."
It is adopted pursuant to § 10 of the Municipal Home Rule
Law.
A.Â
This Town Board finds that a clean, wholesome, attractive environment
is necessary for the health, safety and well-being of the inhabitants
of the Town of Kingsbury.
B.Â
This Town Board further finds that the unrestrained accumulation
of litter is hazardous to the health, safety and well-being of the
citizens of the Town, necessitating the regulation thereof.
C.Â
Therefore, the purpose of this article is to provide for the health,
safety and well-being of the inhabitants of the Town of Kingsbury
by regulating the storage and disposal of garbage, rubbish, refuse
and discarded substances.
As used in this article, the following terms shall have the
meanings indicated:
The Code Enforcement Officer of the Town of Kingsbury or
any such person appointed by the Town Board to enforce the provisions
of this article.
Any putrescible animal and vegetable waste, liquid or solid,
likely to ferment or decompose and produce noxious odors or become
injurious to public health commonly known as "garbage" and any putrescible
and nonputrescible solid waste, including rubbish and refuse, such
as ashes, street cleanings, dead animals, abandoned automobiles, dismantled
automobiles and parts thereof, scrap metal, junk, machinery, and solid
market and industrial waste, paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery,
building materials, trash and any other material which, when scattered,
thrown or discarded on any property, tends to create a danger to public
health, safety and welfare and/or render the streets, private grounds,
or public places unsightly.
No person shall throw or deposit, or cause to be thrown or deposited,
any litter in or upon any public property whatsoever within the Town
of Kingsbury except in such receptacles designated by the Town for
such purposes.
No person shall throw, deposit, accumulate, store, or cause
to be thrown, deposited, accumulated or stored, any litter in or upon
any private property within the Town of Kingsbury except in a securely
closed receptacle or dumpster used for the collection and removal
of the same.
A.Â
The owner or person in control of private property shall maintain
his or her private receptacles for collection in such manner that
litter will not be carried or deposited by the elements upon any public
place or private property.
B.Â
Any spillage or scattering of litter out of a receptacle shall be
collected by the person who set out such container or bundle and shall
be lawfully disposed of by him.
A.Â
If evidentiary proof of the name or address of any individual is
found among litter illegally placed or spilled or scattered within
the Town, such evidence shall create the presumption that the aforesaid
individual perpetrated and is responsible for the improper disposal
or storage of it.
B.Â
The owner of any real property within the Town upon which litter
is stored or scattered in violation of this article shall be guilty
of the respective violation regardless of whether such real property
owner improperly stored or scattered the litter.
The Code Enforcement Officer shall be responsible for the administration and enforcement of this article and shall act upon any written complaint or his or her observation of an alleged or possible violation of this article. The Code Enforcement Officer and police officers may issue appearance tickets as specified in § 222-14 hereof. The Code Enforcement Officer may also request the Town Board to take action under § 222-15 and/or § 222-16 hereof, and the Town Board may take action on its own initiative under § 222-15 and/or § 222-16 hereof.
The Code Enforcement Officer, or any person defined as a "peace
officer" pursuant to the New York State Criminal Procedure Law, is
authorized to issue an appearance ticket, in compliance with the provisions
of the Criminal Procedure Law, to any person who is violating any
provision of this article, requiring such person to appear before
a Town Justice. Such a violation shall constitute a violation punishable
by a fine not exceeding $250, by a sentence of community service or
restitution, by imprisonment in the Washington County Jail for a term
not to exceed 15 days, or by a combination thereof. Each day or part
of a day on which a violation continues shall constitute a separate
violation.
The Town Board may authorize an action or proceeding to be brought
in the name of the Town seeking injunctive and other relief with regard
to an alleged violation of any provision of this article.
A.Â
Upon finding that a violation of this article may exist that is,
or may become, dangerous or unsafe to the public, the Town Board may
direct that notice be given to the owner of the property upon which
the alleged violation exists. The notice shall set forth that a public
hearing will be held, and that if it is determined by the Town Board
at such hearing that such a violation does exist, the owner will be
required to remedy the violation within the specified number of days
and if the owner fails to do so, the Town nay act to remedy the violation
and charge the owner for the costs of same.
B.Â
Such notice shall be served by personal service of a copy thereof
upon the property owner, the owner of the litter, and/or to the person
responsible for improperly scattering or disposing of the same, or,
if no such person can be reasonably found, by mailing such person
by registered mail a copy of the notice directed to his or her last
known address and posting a copy at such address in such number of
days in advance of the hearing date as is reasonable under the circumstances.
C.Â
Upon the conclusion of the public hearing, if the Town Board finds
that there exists a violation of this article upon the subject property
that is, or may become, dangerous or unsafe to the public, the Town
Board shall issue an order directing the property owner to remedy
the violation within a specified number of days that is reasonable
under the circumstances, and stating that if the property owner fails
to remedy the violation within the specified number of days, the Town
may act to remedy the violation and charge the owner for the costs
of same.
D.Â
If the property owner fails to remedy the violation within the specified
number of days, and the Town acts to remedy the violation, the Town
may personally deliver, or mail in the manner specified above, a bill
to the property owner for the costs of remedying the violation.
E.Â
If the property owner does not pay the Town the full amount set forth
in such bill within 30 days after the delivery or mailing of same,
the Town Board may cause to be recorded in the Town Clerk's office
a sworn statement by the Code Enforcement Officer showing the costs
for the remedial work, the date(s) on which the work was performed
and the location of the property on which the remedial work was conducted.
The recording of such sworn statement shall constitute a lien on the
property which shall remain in full force and effect until full payment
has been made. Said amount shall be collected in the manner fixed
by law for the collection of taxes. In the event that said amount
is not paid in full on or before the date the tax bill upon which
it appears is last due without penalty, said amount shall be subject
to the same delinquent penalty as the delinquent penalty for Town
real property taxes. Sworn statements recorded in accordance with
the provisions hereof shall be full notice to every person concerned
that said amount of the statement constitutes a charge against the
property designated thereon and that the same is due and collectible
as provided by law.
This article shall not apply to the fertilization of any agricultural
lands in the Town.
This article shall not be construed to affect or supersede the
Town's Zoning Ordinance. This article shall not be construed
to affect or supersede the applicability or requirements of any other
state law for which an applicant may need approvals, including, without
limitation, any applicable Department of Environmental Conservation
requirements, including the State Environmental Quality Review Act
(SEQRA), or any other state agency requirements.
