[Adopted 3-22-1954 by Ord. No. 2]
As used in this article, the following terms shall have the meanings
indicated:
Includes waste food, papers, dead animals or parts thereof and all
waste or discarded wood, lumber or vegetable matter of any kind or any other
matter which shall be inflammable 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, pottery and
all discarded substances of a solid and incombustible nature.
A.
The premises owned by the Town of Philipstown and situate
on the southerly side of Lane Gate Road, which runs in an easterly direction
from the east side of the Albany Post Road, at a point approximately 1/2 mile
south of McKeel's Corners to the Cold Spring - Carmel Road, and bounded
and described as follows: Beginning at a point in the highway at the southwesterly
corner of a farm formerly owned by Elijah Mekeel, beginning also the northeasterly
corner of lands now or formerly of Joseph Lath; thence running in a northerly
direction along the highway to a point in the highway 31 rods in a straight
line from the east point; thence in an easterly direction 13 rods to a stone
wall and following the same still easterly 19 rods to a corner of the same;
thence southeasterly along said wall 39 rods to lands formerly of Joseph Lath;
thence westerly along Joseph Lath's land 52 rods to the place of beginning,
are hereby designated as the dumping ground of this town for garbage and rubbish
by the residents of the town, subject to the provisions of this article.
B.
Restrictions on use, vehicles and large articles. No person shall carry or leave or cause to be carried or left upon the premises mentioned in Subsection A above any automobile, vehicle, machine, appliance or other article or any part thereof unless the same shall have been dismantled and the body thereof so cut and flattened out so as to permit the same to occupy a minimum of space. Nothing herein contained, however, shall prevent the leaving of such vehicle or other article on the premises under an arrangement with the caretaker thereof by which such caretaker is to dismantle and properly break up and dispose of the same.
C.
Restrictions on use; garbage. No person shall carry or leave or cause to be carried or left upon the premises mentioned in Subsection A above any garbage, as herein defined, or any material, waste or offal of any kind which shall give off an offensive odor, either when left upon the premises or thereafter, or which creates or may thereafter create a nuisance of any kind or which shall be or may become dangerous to human or animal life.
D.
Restrictions on use; residents only. No person not a
resident of or conducting an established business in the Town of Philipstown
shall deposit any garbage or rubbish of any kind on the premises herein designated
for that purpose.
E.
Manner of use. No person shall deposit or cause to be
deposited any substance of any kind on the dumping ground herein designated,
except at the places and in the manner directed by the person in charge of
the premises under authority of the Town Board, whether such direction is
given personally or by another person by his authority or by a sign or signs
erected upon the premises by his authority.
A.
No person shall throw or deposit or cause to be thrown
or deposited any garbage, rubbish or abandoned vehicles or parts thereof in
or upon any public highway, street or public place within said Town of Philipstown.
B.
All garbage, kitchen wastes and other rubbish at dwellings
and business establishments shall be deposited in suitable covered receptacles
which shall be protected from flies and emptied and cleaned as often as necessary
to keep them and their surroundings in a sanitary condition and free from
objectionable odors. The contents shall be burned, buried or otherwise disposed
of in such a way as not to become offensive or insanitary or create fly-breeding
places.
C.
No garbage, refuse, putrescible matter, decayed fruits
or vegetables, dead animals or materials that pollute water shall be deposited
in any surface watercourse nor in any tributary to such watercourses nor on
or beneath the surface of the ground within 50 feet of surface watercourses
or tributaries nor in such a manner that it can be washed by rain, melting
snow or otherwise over the surface or through the ground into such surface
watercourses or their tributaries.
D.
No person shall throw, cast, lay, deposit or discharge
into or leave in any lake, brook, pond, stream, the Hudson River or other
body of water or in any storm sewer, pipe or drain flowing into any of the
foregoing any substances, matter or thing, liquid or solid garbage, sewage,
rubbish, waste, fruit, vegetables, foodstuffs, paper or other litter or obnoxious
materials which may or shall result in the pollution of such water.
E.
No rubbish, garbage, refuse, waste, putrescible matter,
decayed fruits or vegetables, dead animals, paper or other litter from any
source shall be deposited within 50 feet of any residence in the Town of Philipstown.
F.
Nothing in this article shall prohibit an owner of private
property in the Town of Philipstown from burning or disposing of papers, litter
and refuse upon his, hers or its private property in said town.
G.
No lands in the Town of Philipstown shall be used as
a dump or dumping grounds unless a permit shall be obtained as hereinafter
provided nor shall any lands which have heretofore been used as a dump or
dumping grounds continue to be so used unless a permit shall be obtained as
hereinafter provided. Any person desiring to use land as a dump or dumping
grounds shall first obtain a permit from the Town Board. No permit shall be
issued unless proof is offered satisfactory to the Town Board that the contemplated
use of land as a dump or dumping grounds will not menace the health, safety
or general welfare of residents in the vicinity of this land. Such permit
shall be subject to such conditions as the Town Board may consider necessary
for the protection of the health, safety and general welfare of the residents
of the Town of Philipstown.
H.
This article shall not affect land or lands lying wholly
within the limits of the Village of Cold Spring and Nelsonville.
No person shall bring into the Town of Philipstown and leave, deposit
or dump upon any lands in said town any garbage or refuse.
[Amended 9-7-1989 by L.L. No. 5-1989; 1-17-2007
by L.L. No. 2-2007]
Any person violating any of the provisions of this article shall, upon
conviction thereof, be punishable by a fine not to exceed $1,000 or by imprisonment
for not more than 30 days, or both. However, for the purpose of conferring
jurisdiction upon court and judicial officers generally, violations of this
article shall be deemed misdemeanors, and for such purposes only, all provisions
of law relating to misdemeanors shall apply to such violations.
