[HISTORY: Adopted by the Town Board of the Town of Mount Hope 6-4-1962 by Ord. No. 1-1962. Amendments noted where applicable.]
By the adoption of this chapter, the Town Board of the Town of Mount Hope, Orange County, New York, declares its intent to be to regulate the disposal of waste material, viscera and feathers after the slaughter of animals or fowl within this Town and to prohibit the dumping of such matter within the Town from sources without the Town. The dumping of such refuse in open areas uncovered and untreated constitutes a menace and threat to the public health, safety, and welfare and can adversely affect the growth and development of this Town. Odors, fumes and disease frequently result from such open dumping, all a potential public hazard and threat to the person and property of the inhabitants of this Town. Therefore, pursuant to the ability contained in the Town Law § 130, Subdivision 6, and pursuant to its police power as contained in the Town Law § 130, Subdivisions 11 and 15, the Town Board of the Town of Mount Hope does hereby ordain as follows:
As used in this chapter, the following terms shall have the meanings indicated:
- DISPOSE (and its derivatives)
- To dump, deposit, throw, throw away by a person or by another with the consent or approval, active or passive, of a person in a position to control or prevent the same.
- FROM SOURCES WITHOUT THE TOWN
- Refuse, rubbish, or waste material which does not originate or become such within the bounds of the Town of Mount Hope.
- An individual, association, partnership, or corporation (public, stock or nonstock) or any combination thereof and the agent or employee thereof.
- REFUSE or WASTE MATERIAL
- Shall mean and include any viscera, blood, feathers, or other former living matter which upon the slaughter or disposal of animals becomes a material or substance intended and usually disposed of.
No refuse or matter shall be disposed of within the boundaries of the Town of Mount Hope which is matter resulting as waste material after the slaughter of animals or fowl which originates outside of or is refuse from without the Town of Mount Hope.
No refuse or matter shall be disposed of within the boundaries of the Town of Mount Hope, which is matter resulting as waste material after the slaughter of animals or fowl which originates within the Town of Mount Hope, in open ground, unless the same is covered by at least two feet of earth and no fumes, odors or other objectionable matter emanates or flows therefrom.
Any person who commits or permits any act or acts in violation of any of the provisions of this chapter or, being the owner or lessee of land within such Town, knowingly permits or allows the violation of the provisions of this chapter upon such land, shall be deemed to have committed an offense contrary to such chapter, and shall also be liable, for any such violation, to the penalties therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
For every violation of any provision of this chapter, the person or persons violating the same shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the Town of each day that such violation shall continue.
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.