[HISTORY: Adopted by the Town Board of the Town of New Windsor as indicated in article histories. Amendments noted where applicable.
[Adopted 6-1-1955 (Ch. 17, Art. I of the 1972 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be known as the "Illegal Dumping Local Law of the Town of New Windsor."
This article is adopted to prevent illegal dumping of garbage, rubbish, refuse and other offensive materials, including the dropoff of these materials together with used and abandoned personalty in clothing bin containers which have not received permits from the Town of New Windsor. It is the intent of the Town Board of the Town of New Windsor to restrict and regulate, in a manner consistent with the interest of the residents of the Town of New Windsor, the dumping, disposal and accumulation of various wastes in order to promote the health, safety and general welfare of the persons and property within the Town of New Windsor.
As used in this article, the following terms shall have the meanings indicated:
- CLOTHING BIN CONTAINER
- A container which is placed for the purpose of obtaining used items, including used clothes, furniture and personalty.
- CODE ENFORCEMENT OFFICER
- A Town of New Windsor employee holding the position of Building Inspector, Assistant Building Inspector, Zoning Inspector, Assistant Zoning Inspector, Fire Inspector, or Assistant Fire Inspector.
- To heap or pile matter capable of decay, including but not limited to grass cuttings, leaves, brush, decaying foods or paper products, for use as fertilizer.
- CONSTRUCTION AND DEMOLITION DEBRIS
- Any matter that is defined as construction and demolition debris in 6 NYCRR 360.
- A bulk storage container for garbage and other waste materials that can be hauled directly to the point of disposal or emptied into a large compactor-type truck or other conveyance for disposal.
- Includes but is not limited to:
- Any waste matter capable or incapable of fermentation or decay, which is not contained in a waste receptacle, garbage can or dumpster.
- Includes but is not limited to:
- A. Combustible paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, tires, plastics, Styrofoam and synthetics, wood furniture and bedding, dunnage and all other material subject to burning.
- B. Noncombustible metal, tin, cans, metal, aluminum, metal furniture, glass, crockery and minerals, ashes, cinders and pottery.
- Solids removed during the treatment of:
- SOLID WASTE
- Any matter that is defined as solid waste by 6 NYCRR 360.
Dumping, disposing, burying, burning or littering of any of the following on any public or private lands in the Town is prohibited:
Garbage, rubbish or litter, subject to the following:
The storage of garbage or rubbish that is awaiting collection and removal in a durable container in a manner which does not impair the public health or safety shall not be deemed to be prohibited by this section.
The owner of a family residence or farm may compost on the property comprising said residence or farm matter capable of decay (as defined in § 246-2 above) generated from that residence or farm to be used as a fertilizer, so long as the disposal and composting is done in a nuisance-free manner which does not impair the public health, safety or general welfare.
The disposal on areas within the property boundaries of a family residence or farm of animal carcasses or parts thereof generated from that family residence or farm shall not be deemed prohibited by this section so long as the same shall be disposed of pursuant to the applicable provisions of the New York State Agriculture and Markets Law.
Sludge; however, the disposal of sludge in accordance with the regulations of the State Department of Environmental Conservation shall not be deemed to be prohibited by this section.
Solid waste; however, the disposal of solid waste at a disposal facility authorized and licensed in accordance with regulations set forth in 6 NYCRR 360 shall not be deemed to be prohibited by this section.
Construction and demolition debris, subject to the following: the storage of construction and demolition debris that is awaiting collection and removal in a manner which does not impair the public health or safety shall not be deemed to be prohibited by this section; provided, however, that said debris is removed from the site within 45 days from the issuance of a building demolition permit.
Dumping, disposing or burying of lumber in the Town is prohibited, except lumber awaiting use in any construction project stored in a manner which does not impair the public health or safety. This section shall not be deemed to prevent the storage of untreated lumber intended for the use as firewood so long as the same shall not be stored in or near any highway or Town road right-of-way, or at or near any intersection in such a manner as to obstruct or impair the line of sight for vehicular or pedestrian traffic. No storage of firewood shall be allowed in the front yard of any residential dwelling.
Placement of dumpsters and clothing bin containers is restricted as follows:
A dumpster shall be located within a residential community as placed upon the final plans of approval for the development of the community or as otherwise approved by the Town Planning Board.
No dumpster or clothing bin container shall be located in or on a public right-of-way.
No dumpster or clothing bin container shall be located in areas regularly used or as previously approved by the Town Planning Board as designated parking spaces for commercial or business uses, without Town Planning Board approval.
Garbage and other waste material must be completely contained within the dumpster. Clothing and other articles, including junk goods, must be completely contained within the clothing bin. No accumulation of garbage or other materials, such as litter, rubbish or waste, will be permitted outside the confines of the dumpster, nor will it be permitted to accumulate so that the dumpster cover cannot be firmly closed.
All dumpsters and clothing bin containers shall be kept in good repair and be structurally sound, leakproof and easily opened and closed. Dumpsters and clothing bin containers shall be painted as necessary to prevent the showing of rust and deterioration and be so constructed as to stand firmly upright.
All dumpsters and clothing bin containers shall have the name, valid business address and telephone number of the company or individual owning such dumpster or clothing bin container clearly printed on either the front or the back of such dumpster.
It shall be unlawful for any person to dispose of residential waste, garbage, litter, rubbish, lumber, ashes, junk goods, or recyclable materials by means of the following:
Placing the above-stated materials at the pickup area of another residence, business or public park.
Placing the above-stated materials in the containers belonging to the place of business or residence of another or the containers of a public park or street.
Disposing of any of the above-stated materials other than through the Town or private hauler provided by the owner or resident.
Disposing of recyclable materials being collected under the Town or county recycling program with other residential waste or garbage.
It shall be unlawful for any nonresident of the Town of New Windsor, whether it be person and/or corporation, to deposit any junk goods, litter, rubbish, lumber, recyclable materials, garbage or wastes at any site in New Windsor, including but not limited to the pickup area of another resident, business or public park, in containers belonging to a place of business or residence of another or in containers of a public park, except for food and beverage waste personally generated in the use of public parks or eating establishments.
Any person, firm or corporation who or which shall violate or fail to comply with any of the provisions of this article shall, upon conviction, be guilty of a misdemeanor and be sentenced to pay a fine of not less than $250 nor more than $1,000 for each offense or to imprisonment for not more than one year, or both. Each day of violation constitutes a separate offense.
This article may be enforced by the Police Department and/or the Code Enforcement Officer of the Town of New Windsor.