[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.]
GENERAL REFERENCES
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.
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.
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.
