[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)]
A.
This article shall be known as the "Illegal Dumping Local
Law of the Town of New Windsor."
B.
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:
A container which is placed for the purpose of obtaining used items,
including used clothes, furniture and personalty.
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.
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:
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.
Noncombustible metal, tin, cans, metal, aluminum, metal furniture, glass,
crockery and minerals, ashes, cinders and pottery.
Solids removed during the treatment of:
Any matter that is defined as solid waste by 6 NYCRR 360.
Materials listed or defined as hazardous by either of the following:
A.
Dumping, disposing, burying, burning or littering of
any of the following on any public or private lands in the Town is prohibited:
(1)
Garbage, rubbish or litter, subject to the following:
(a)
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.
(b)
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.
(c)
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.
(2)
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.
(3)
Toxic material.
(4)
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.
(5)
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.
B.
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.
C.
Placement of dumpsters and clothing bin containers is
restricted as follows:
(1)
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.
(2)
No dumpster or clothing bin container shall be located
in or on a public right-of-way.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
D.
Unlawful acts.
(1)
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:
(a)
Placing the above-stated materials at the pickup area of another
residence, business or public park.
(b)
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.
(c)
Disposing of any of the above-stated materials other than through
the Town or private hauler provided by the owner or resident.
(d)
Disposing of recyclable materials being collected under the Town
or county recycling program with other residential waste or garbage.
(2)
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.
A.
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.
B.
This article may be enforced by the Police Department
and/or the Code Enforcement Officer of the Town of New Windsor.
