[Adopted 8-12-1981 by L.L. No. 2-1981]
The purpose of this article is to provide for and to regulate
the disposition of trash, refuse, garbage and other debris in the
Town of Fabius, and to establish penalties for disposition of such
trash, refuse, garbage and other debris when not in conformity with
this article.
The official landfill of the Town of Fabius shall be the facility
located at Hills Road, Fabius, New York and shall be open for the
receipt of refuse from residents of the Town of Fabius on Friday and
Saturday between the hours of 1:00 p.m. to 6:00 p.m. on Friday and
9:00 a.m. to 6:00 p.m. on Saturday.
Henceforth and hereafter it shall be unlawful for any person,
firm, corporation, organization or entity to throw away, dispose of
or otherwise discard any trash, refuse, garbage or other debris at
the municipal landfill unless that person, firm, corporation, organization
or entity has first obtained a permit from the Town of Fabius. Any
person or vehicle entering the municipal landfill shall have the aforesaid
permit in his possession or clearly displayed on his vehicle.
Landfill permits shall only be issued to residents of the Town
of Fabius, and, upon request, will be provided to such residents,
upon proof of their residency, by the Town Clerk of the Town of Fabius.
Only one such permit shall be issued to any such resident unless such
resident has more than one vehicle which is used for the transport
of refuse, in which case one permit may be issued for each such vehicle,
upon proof of ownership and registration of such vehicle.
Henceforth and hereafter, except as otherwise provided by special
temporary permit, it shall be unlawful for any nonresident of the
Town of Fabius to use a landfill permit to gain access to the municipal
landfill, or to show a permit to the landfill attendant or to display
a permit on any vehicle entering the municipal landfill, and it shall
also be unlawful for any resident of the Town of Fabius to dispose
of any trash, refuse, garbage or other debris which did not originate
in the Town of Fabius.
Any corporation or person performing work or services for any
resident of the Town of Fabius upon property owned by the resident
and located within the Town of Fabius may utilize a vehicle owned
by said corporation or person in order to dispose of any debris or
refuse accumulated solely from the performance of said work or services,
pursuant to a special temporary permit issued by the Town Clerk. Such
special temporary permit shall be issued to and only upon the application
of the Town resident for whom such work is being performed and shall
specify the name of the corporation or person performing said work
or services, the location of said work or services, the name of the
Town resident and the time period for which such disposal will be
permitted by said corporation or person.
A.
Any person who observes a violation of this article may file a complaint
under oath with a Town Justice, specifying the nature of the violation,
the date thereof and the name and address of the violator, if known.
B.
Upon receipt by a Town Justice of any such complaint, he shall summon the alleged violator to appear in person before him for a hearing, at which both the complainant and the alleged violator shall have the opportunity to be represented by counsel and to present evidence. If, after such hearing, the alleged violator is convicted of a violation of this article, he shall be punished as provided in § 116-8 of this article.
Upon conviction, a violation of this article shall be deemed
an offense and shall be punishable by a fine not exceeding $50 for
a first offense and $250 for each subsequent offense.
This article shall take effect immediately.
