[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:
PUTRESCIBLE
The tendency of organic matter to decompose with the formation
of malodorous by-products.
RECOVER
Any act or process by which recyclables are separated from
the solid waste stream.
RECYCLABLES
Solid waste that exhibits the potential to be used repeatedly
in place of a virgin material.
RECYCLABLES HANDLING AND RECOVERY FACILITY
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.
RECYCLE
To use recyclables in place of virgin materials in manufacturing
a product.
REFUSE
Anything putrescible or nonputrescible that is discarded
or rejected as useless or worthless.
RESIDUALS
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.
SOLID WASTE
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.
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.
As used in this article, the following terms shall have the
meanings indicated:
CODE ENFORCEMENT OFFICER
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.
LITTER
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.
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.
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.