[Adopted 7-25-2022 by L.L. No. 6-2022; amended in its entirety 11-14-2022 by L.L. No.
8-2022]
A.
It shall be unlawful for any person to dump, discard or dispose of any solid waste at any location within the Village not authorized by law to accept such waste, including but not limited to unauthorized disposal in commercial dumpsters, containers, compactors, or other vessels used for the temporary storage of solid wastes by persons holding dumpster permits issued by the Village pursuant to § 365-23 of Article III of this chapter.
B.
It shall be unlawful for any person who has engaged a carter for
the provision of a dumpster, or is otherwise authorized to use a dumpster,
to dispose of waste on the ground surrounding or adjacent to the dumpster.
A.
Liability and photographic evidence.
(1)
It shall be unlawful for a motor vehicle to be used or operated with the permission of the owner, express or implied, for the purpose of unlawful dumping or disposal of solid waste in violation of § 365-30 of this article. For purposes of this article, the term "owner" shall have the meaning set forth in § 239 of the Vehicle and Traffic Law of the State of New York.
(2)
Photographic or video evidence of the use of a motor vehicle to transport waste to the site of such unlawful dumping shall be prima facie evidence of the use or operation of said vehicle with the permission of the owner, and the owner of said vehicle shall be liable for a civil penalty as set forth herein; provided, however, that no owner of a vehicle shall be liable for a penalty imposed pursuant to this section where the operator of such vehicle has been convicted of the underlying violation of § 365-30.
B.
Notice of hearing.
(1)
A notice of liability shall be sent by first-class mail to each person alleged to be liable as an owner for a violation of Subsection A of this section. Personal delivery on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein.
(2)
A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of Subsection A of this section and shall contain the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation and a copy of the photographic evidence of the violation.
(3)
The notice of liability shall advise the person charged that the
person is entitled to a hearing and may demand such hearing before
the Village Justice Court within 30 days of such notice, together
with a warning to advise the person charged that failure to contest
in the manner and time provided shall be deemed an admission of liability
and that a default judgment may be entered thereon.
C.
Defenses. It shall be an affirmative defense to a charge of violation
of this section if the owner can establish at the hearing, by a preponderance
of the evidence, that:
(1)
The vehicle used was reported stolen and was not recovered at the
time of the incident;
(2)
The vehicle was lawfully leased to another person and was not in
the possession of the owner at the time of the incident; or
(3)
The vehicle was in the possession of another person at the time of
the incident and that the owner did not consent to its operation for
the purpose of unlawful dumping of solid waste.
