[HISTORY: Adopted by the Town Board of the Town of LaGrange 4-29-1981 by L.L. No. 3-1981 as Ch. 41 of the 1975 Code. Amendments noted where applicable.]
Solid waste — See Ch. 195.
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of LaGrange and the safeguarding of their material rights against unwarrantable invasion and for the protection of public health, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of its citizens. It is further declared that the establishment or operation of private dumps, dumping grounds, refuse disposal areas, sanitary or industrial waste disposal areas, landfill sites or similar land uses is a hazard to such health, safety and welfare of the citizens of the Town necessitating the elimination thereof. At the same time, it is recognized that the maintenance of a public dump, dumping ground, refuse disposal area or landfill site owned or operated by the Town may be useful and necessary. Sanitary and industrial waste dumped upon the soil emits obnoxious odors and fumes and is on its face an unsanitary and unhealthy condition. By the adoption of this chapter, the Town Board of the Town of LaGrange declares its intent to regulate in a manner consistent with the interest of the citizens of the Town of LaGrange the dumping of garbage, rubbish, refuse, sanitary or industrial waste and similar waste material on the lands within the Town. Garbage is a deleterious substance and garbage dumps emit obnoxious odors and fumes. Unattended, private garbage dumps and disposal areas attract rodents and vermin and become breeding places for them. The process of burning garbage causes smoke and oxidized garbage to be given off into the air which the community breathes. All of these conditions can adversely affect the development of the Town unless they are properly and carefully regulated. Therefore, recognizing the above and the need of the community for an adequate and well-regulated procedure for regulations in the exercise of its police power in these regards, be it enacted by the Town Board of the Town of LaGrange as follows.
This chapter shall apply to dumping upon all lands, public or private, within the Town of LaGrange.
As used in this chapter, the following terms shall have the meanings indicated:
- Shall include waste food, or parts thereof, vegetable matter of any kind, or any other matter which shall be capable of fermentation or decay or which shall give off an odor.
- INDUSTRIAL WASTE
- Shall include process wastes from manufacturing, commercial or industrial processes.
- Shall include an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
- Shall include waste metal, metal cans, ashes, cinders, glass, pottery, paper, cardboard, rags, bottles, rubbish, wood, lumber and all other discardable substances, other than garbage.
- Persons having their domicile within the limits of the said Town of LaGrange, Dutchess County, New York.
- SANITARY WASTE
- Includes sewage containing human or animal or household wastes.
The use of private or public lands within the Town of LaGrange as a sanitary landfill site, sanitary or industrial waste disposal area, dump, dumping ground, storage or disposal facility for refuse or garbage is hereby prohibited.
No person shall carry or leave, or cause to be carried or left within the Town, any junk automobile, vehicle or junk car either as a whole or dismantled, or any parts therefrom, including tires, unless within a licensed junkyard.
No person shall carry or leave, or cause to be carried or left within the Town, any animal or fowl waste, excrement, discharge, secretion or feces.
The use of any lands within the Town of LaGrange as a dump, dumping ground, storage or disposal facility for any refuse, garbage, sanitary or industrial waste, waste papers, rags, scraps of any kind or description or any discarded material commonly termed junk or trash, where such items originate from outside the Town of LaGrange, is hereby prohibited.
No person shall remove or transport or permit the removal or transportation of any offensive material within the Town of LaGrange except in such manner or by such conveyance as will prevent the creation of a nuisance or the loss or discharge of such material in any public place, except as otherwise provided herein. All such material shall be so handled and covered so it cannot escape or be accessible to rodents, flies or other insects or create a nuisance.
No provision of this chapter shall be deemed to prohibit an owner or tenant of real property from disposing of his own household refuse or garbage on his own land, provided that any such garbage or refuse shall be buried under at least six inches of soil.
Any person who commits, causes or permits any acts in violation of any of the provisions of this chapter shall be guilty of an offense and upon conviction shall be subject to a fine of not more than $50 or imprisonment not exceeding 15 days or both such fine and imprisonment. Should the violations of the provisions of this chapter continue, each day such violation continues shall constitute a separate violation. Each separate violation shall be punishable as herein set forth.
In addition to the penalties provided herein, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
This chapter shall not prohibit the establishment by the Town Board of a public dump or a refuse disposal area owned and operated by the Town from time to time. No lands, other than the lands of a public dump or dumping ground hereafter established by the Town, shall be used as a dump, dumping ground, refuse disposal area or a landfill site in said Town.
All ordinances or regulations heretofore adopted in relation to dumping in the Town of LaGrange are still in force unless inconsistent with this chapter, which shall prevail in the event of inconsistencies.