[HISTORY: Adopted by the Town Board of the Town of Spencer 4-14-1998 by L.L. No. 1-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 73.
Junkyards — See Ch. 87.
Landfills — See Ch. 91.
Disposal in mobile home parks — See Ch. 98, Art. VII.
It is the intent of this article to protect and promote the health, safety and welfare of the inhabitants of the Town of Spencer by regulating and controlling the collection and disposal of garbage and refuse within the Town of Spencer.
This article may be known and cited as the "Town of Spencer Garbage and Refuse Law."
As used in this article, the following terms shall have the meanings indicated:
GARBAGE and REFUSE
All putrescible and nonputrescible solid waste, including garbage, rubbish, ashes, incinerator residue, street cleaning, dead animals and solid and liquid commercial and industrial wastes.
A. 
No person shall dump or otherwise dispose of any garbage or refuse within the Town of Spencer, except:
(1) 
At a sanitary landfill operated pursuant to a permit granted by the Department of Environmental Conservation of the State of New York and a license from the Town Board; or
(2) 
On premises owned or occupied by him or her, provided that the garbage or refuse originates at the same premises and that he or she covers, at least daily with at least six inches of soil, all garbage and refuse capable of fermentation or decay.
B. 
No garbage or refuse originating outside the Town or Village of Spencer shall be dumped or otherwise placed in any sanitary landfill or in any other public or private location within the Town of Spencer.
C. 
No toxic or hazardous wastes, including, but not limited to, explosives, acids, corrosives, caustic drainage oils, waste fuels or other potentially dangerous explosives or flammable materials shall be dumped or placed at any landfill or other public or private location within the Town of Spencer.
No person shall engage in the business of the collection of garbage and refuse within the Town of Spencer without first filing the person's name and address with the Town Clerk.
Any vehicle used in the business of the collection of garbage and refuse shall comply with the requirements of Chapter 91, Landfills, § 91-14B through F.
A. 
Any person who commits any act in violation of any provision of this article shall be deemed to have committed an offense against this article, which shall constitute a violation as defined in the Penal Law of the State of New York, and shall be liable for the penalties herein imposed for such violation. Each act committed in violation of any provision of this article shall constitute a separate offense.
B. 
For every violation of any provision of this article, the person violating the same shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or both.
C. 
Any person violating this article shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $50 for each such offense.
D. 
In addition to the above provided penalties and punishment, the Town Board may also:
(1) 
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 this article.
(2) 
Take appropriate action to revoke any license issued hereunder.
[The Town operates under Tioga County's solid waste collection and recycling regulations. Specific regulations regarding source separation and recycling are available at the Town offices.]