[Adopted 9-11-2000 by L.L. No. 6-2000]
This article is adopted in view of the increase
in illegal dumping of garbage, rubbish, refuse and other offensive
materials, including the drop-off of these materials together with
used and abandoned personalty in clothing bin containers which have
not received permits from the Town of Newburgh. It is the intent of
the Town Board of the Town of Newburgh to restrict and regulate, in
a manner consistent with the interest of the residents of the Town
of Newburgh, the dumping, disposal and accumulation of various wastes
in order to promote the health, safety and general welfare of the
persons and property within the Town of Newburgh. This article shall
be known as the "Illegal Dumping Local Law of the Town of Newburgh."
As used in this article, the following terms
shall have the meanings indicated:
COMPOST
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.
CLOTHING BIN CONTAINER
A container which is placed for the purpose of obtaining
used items, including used clothes, furniture and personalty.
DUMPSTER
A bulk storage container for garbage 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.
GARBAGE
Includes, but is not limited to:
B.
Used food containers or parts thereof, whether
metal, paper, wood, glass, plastic or synthetics.
C.
Paper materials used in food packaging.
D.
Dead animals or parts thereof
E.
Any other matter which shall be capable of fermentation
or decay except:
(1)
Lumber as defined herein; and
(2)
Composted garbage used as fertilizer upon farms
or gardens.
LITTER
Any waste matter capable or incapable of fermentation or
decay, which is not contained in a waste receptacle, garbage can or
dumpster.
LUMBER
Includes but is not limited to:
A.
Wood of growing trees sawed or split into boards
or planks.
C.
Wood used in packing and/or shipping.
RUBBISH
A.
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.
B.
Noncombustible metal, tin cans, metal furniture,
glass, crockery and minerals, ashes, cinders and pottery.
SLUDGE
Solids removed during the treatment of:
A.
Domestic or sanitary sewage.
D.
Any combination of the above.
SOLID WASTE
Any matter that is defined as solid waste by 6 NYCRR Part
360.
TOXIC MATERIALS
Materials listed or defined as hazardous by either of the
following:
A.
New York State Department of Environmental Conservation;
or
B.
United States Environmental Protection Agency.
[Adopted 11-7-2011 by L.L. No. 9-2011]
This article shall be known as the "Brush, Grass, Rubbish and
Weed Control Law of the Town of Newburgh."
As used in this article, in addition to the definitions contained in §
95-2, the following terms shall have the meanings indicated:
BRUSH
Uncultivated woody shrubs and/or immature trees.
CODE ENFORCEMENT OFFICER
Any officer of the Town of Newburgh Code Compliance Department,
or any other person who may hereafter be designated by resolution
of the Town Board and authorized in the name and on behalf of the
Town to undertake and prosecute any proceedings necessary or appropriate
to enforce compliance with this article.
GRASS
Herbaceous ornamental plants intended to be periodically
cut close to the ground for the establishment of a lawn or ground
covering and which may also be used as ground covering for the establishment
of drainage swales, flood routes, or water detention basins.
OWNER
Includes the following:
A.
The owner of the real property upon which any brush, grass or
rubbish ordered cut, trimmed or removed pursuant to this article is
located or upon which any poisonous shrubs or weeds ordered sprayed
with herbicides, cut, trimmed, removed or destroyed are located.
B.
The owner of the real property immediately fronting on a portion
of any highway, street or road of the Town of Newburgh, upon which
portion any rubbish ordered removed pursuant to this article is located.
PERSON
Includes an individual, society, club, firm, partnership,
corporation or an association of persons, and the singular number
shall include the plural number.
RUBBISH
Includes the following:
A.
Combustible paper, cartons, boxes, barrels, wood, excelsior,
tree branches, yard trimmings, fires, plastics, Styrofoam and synthetics,
wood furniture and bedding, dunnage and all other material subject
to burning.
B.
Noncombustible metal, tin cans, metal furniture, glass, crockery
and minerals, ashes, cinders and pottery.
C.
Junk, trash, debris, building materials, or any other deleterious
materials.
D.
Any abandoned, discarded or unused objects or equipment, such
as, but not limited to, automobile parts, stoves, refrigerators, freezers,
appliances, containers or vehicle tires.
E.
Any compost pile, except as set forth in §
95-3A(1)(a) and
(b) above, which is of such a nature as to spread or harbor disease, emit unpleasant odors or gas, or attract rodents, vermin or other disease-carrying pests, animals or insects.
F.
Any unsanitary matter or toxic materials.
H.
Tree, brush, or shrubbery trimmings; grass clippings; trees,
brush or shrubbery or portions thereof severed from their roots; or
uprooted frees, brush or shrubbery.
WEEDS
Wild and useless plants growing at random in inappropriate
locations.