[HISTORY: Adopted by the Town Board of the Town of Washington
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-23-1967]
As used in this article, the following terms shall have the
meanings indicated:
Includes waste food, papers, dead fish or animals or parts
thereof, waste fruit or vegetable matter or organic waste of any kind,
discarded building material, or any other matter of inflammable composition
or capable of fermentation or decay.
Includes an individual, society, club, firm, partnership,
corporation, or association of persons, and the singular number shall
include the plural number.
Includes waste metal, tin cans, ashes, cinders, glass of
all kinds, pottery, and any and all kinds and types of discarded substances
of a solid nature and of an incombustible composition.
A.
The premises now owned by the Town of Washington now situated approximately
four miles east of the Village of Millbrook on the north side of Rt.
343 is hereby designated as the dumping ground of this Town for both
rubbish and garbage for use by residents of the Town, subject to the
further provisions of this article. The regulations herein contained
shall also apply to any other lands hereafter acquired or leased for
the purpose of disposal of rubbish and/or garbage.
B.
From time to time the Town Board, by directions to the Town dump
custodian or custodians, may require, by posting written notice at
the dump site, a separation of garbage from rubbish in delivery and
deposit of the same at any Town dump site, such purpose being to facilitate
earth covering of garbage within optimum time periods after such deposit
and delivery.
A.
No person shall deliver or deposit either rubbish or garbage at the site described under § 120-2 herein, or at any other future Town dump site, except within such hours as the Town Board may from time to time set for such delivery and deposit; notice of such times of dumping will be by reasonable written notice clearly posted by signs at the dump site herein described or at any future dump site.
B.
The herein described Town dump and any future Town dump is intended
for use limited solely to persons residing within the Town of Washington
and/or to persons paying real property taxes/assessed exclusively
upon the most recent tax rolls of the Town.
C.
No person shall deliver or deposit garbage or rubbish in the herein
described Town dump or in any future Town dump if he has obtained
such garbage or rubbish without the Town of Washington, except as
may be authorized by a contractual relationship between any village
or other municipal corporation.
[Amended 4-26-1990 by L.L. No. 2-1990]
A.
Licensing provisions. No person shall commercially collect garbage
and rubbish from residents of the Town of Washington unless he shall
first apply for and have permission granted by the Town Board permitting
such person to conduct such business within the Town. Such application
shall be made annually and may be revoked by the Board at any time.
Annual licenses shall be for the period June 1 to the following May
31. No matter when issued, all licenses will expire on May 31 of each
year.
B.
Fees for use of site. Subject to the other provisions of this article,
residents of the Town of Washington, commercial haulers and contractors
doing business within the Town and industries and businesses located
within the Town shall pay such charges or fees for use of the Town
dump in advance of the issuance of a permit therefor to the Town Clerk,
who shall issue permits entitling such persons to use the Town dump.
Charges and fees may be changed from time to time by simple resolution
of the Town Board.
A.
No person shall throw, place or deposit garbage or rubbish within
the lines of any street road or highway or other public place, playground,
park or municipal property within the Town of Washington.
B.
No person shall throw, place or deposit garbage or rubbish elsewhere
within the Town of Washington unless he shall immediately bury and
cover the same with not less than 12 inches of compacted earth so
as to prevent noxious fumes and odors, fire hazard, and the creation
of a breeding place for vermin. The within section shall not apply
to persons farming land when such a person deposits manure or fertilizer
upon such land properly related to the cultivation of agricultural
crops.
C.
No person shall operate or maintain, or allow or consent to be maintained,
upon any land owned, rented, leased or otherwise controlled by him
within the Town of Washington, any dump or dumping ground wherein
commercially collected garbage or rubbish is dumped or deposited,
as herein defined, except that the Town of Washington, as a municipal
corporation, may and shall maintain, operate and regulate such dump
or dumps, dumping grounds, and/or sanitary fill sites as it shall
from time to time designate as a public dump for residents of the
Town.
D.
Aforesaid § 120-5C shall not be deemed to prevent the Town Board from granting permission for the maintenance of such other dumps or dumping grounds by private persons for the deposit of rubbish and garbage as it may determine and under such conditions as it, in its sole discretion, may require; further, any such authorization may be revoked by the Board at any time for any reason whatsoever.
E.
No person shall ignite or burn garbage or rubbish in an unattended
fire at any place within the Town of Washington. An unattended fire
shall mean a fire not confined in a basket, rack or container of noninflammable
material, or an open fire not attended constantly by a person of suitable
age and discretion.
F.
No person shall at any time burn any rubbish or garbage (including
leaves or grass) on any road or street in the Town of Washington which
has been paved or surfaced with a bituminous or other flammable material.
[Amended 4-26-1990 by L.L. No. 2-1990; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this article shall
be guilty of a misdemeanor and upon the conviction thereof shall be
punishable by a fine not exceeding $250 for each offense or by imprisonment
in the county jail for a term not exceeding 15 days, or by both fine
an imprisonment.
Any person whose agents, servants, officers or employees shall
be convicted of one or more violations hereof may thereafter be denied
use of any such Town dumping ground and may have his license to collect
garbage and rubbish revoked or license to maintain a private dump
revoked.
The Town Board shall have the right at any time to establish charges for dumping at the Town dump, such charges to be fixed at a fair and equitable rate, such schedule of charges may be fixed by resolution of the Town Board and shall be effective upon the posting of such schedule of fees in the manner of posting provided in § 120-2 hereof.[1] No fee schedule shall be applicable in any instance where
there is an existing contract between the Town of Washington and a
village or other municipal corporation for the use of said dump and/or
dumps, said consideration recited therein shall be controlling.
[1]
Editor's Note: The current Schedule of Fees is on file in
the Town offices.
Should any section, part or provision of this article be declared
invalid by court of competent jurisdiction, such decision shall not
effect the validity any remaining portions of this article not declared
to be invalid by such court.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall take effect upon filing in compliance with
the statutes.
