[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:
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.
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.[1]
C.
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.
D.
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.
