No person, firm or private or municipal corporation shall place, store, deposit or dump or cause to be placed, stored, deposited or dumped for the purpose of abandonment any old junk, metal, stones, plaster, lumber, construction and demolition debris, metal tanks, automobiles, automobile parts (except legal and presently existing auto salvage yards), barrels, cans, appliances, tires, furniture, medical waste, garbage or soil waste of any nature on any public or privately owned lot, tract of land, street, alley, road, park or reserve within the corporate limits of the Town.
This article shall not apply to active farmers who maintain their own disposal plant or area and deposit thereon waste and refuse from their own farms or organic materials used for fertilization. However, in no event may farmers herein exempt from this article conduct such disposal in such a manner which is, or could be, in any way detrimental, harmful or hazardous to the health and welfare of the community and its residents. This article shall not apply to any municipal solid waste disposal site operated by the Town and that waste which may be accepted and regulated therein.
No material of any nature which could be, or is, considered to be hazardous, infectious, toxic, radioactive, harmful or a pollutant may be deposited in any dumping area except as specifically permitted above and as specifically permitted by applicable environmental regulatory and enforcement agencies such as the United States Department of Environmental Protection, New York State Department of Environmental Conservation, Ulster County Board of Health and the Town of Rosendale Town Board, etc. No material whatsoever may be deposited which is considered in any way to be detrimental to the health and welfare of the community.
Enforcement will be maintained by a police officer and/or the Town of Rosendale Building Inspector or that person or persons duly designated by the Town Board of the Town of Rosendale.
In the event that an offender is a firm or corporation, the Town shall determine the identity of the individual, officer or personnel responsible for the commission of such offense, and those individuals shall be personally liable and punishable for the offense, in addition to the firm or corporation.
A. 
Any person, firm or corporation who violates any of the foregoing provisions of this article shall be guilty of a violation, punishable by a maximum fine not to exceed $5,000 and/or by imprisonment for a period not to exceed 15 days for each offense.
B. 
Each day of violation of this article constitutes a separate offense.
C. 
In addition to the above penalties and punishment for a violation of this law, the Town Board may also maintain an action or proceeding in the name of the Town of Rosendale, in a court of competent jurisdiction, to compel compliance with or to restrain by injunction such violation.
D. 
In addition to the above penalties, the responsible person, firm or corporation shall immediately remove and properly dispose of all materials illegally deposited and immediately take all measures necessary to properly and legally restore all disturbed land and surface to the condition preexisting the illegal dumping actions.
E. 
Should the responsible person, firm or corporation fail to immediately remove the materials illegally deposited on the property, the Town is hereby authorized to go upon the property and remove illegal material and restore the premises to its prior condition insomuch as same is possible, charging an amount equal to 150% of the Town's actual cost, including reasonable attorney's fees, caused by noncompliance to the above-provided fines and penalties.
A. 
Upon making an arrest or upon issuing a summons or an appearance ticket for a second violation of any provision of this article, an officer shall remove and arrange for the removal of any vehicle which the person charged with the offense is operating at the time of the commission of said violation, to a garage, automobile pound or other place of safety where it shall remain impounded, subject to the provisions of this section, if:
(1) 
The operator is the registered owner of the vehicle or the vehicle is not properly registered;
(2) 
Proof of financial security is not produced; or
(3) 
Where a person other than the operator is the registered owner, and such person or other person properly licensed and authorized to possess and operate the vehicle is not present.
B. 
A motor vehicle so impounded shall be in the custody of the local authority and shall not be released unless:
(1) 
The person who redeems it has furnished satisfactory evidence of registration and financial security.
(2) 
Payment has been made for the reasonable cost of removal and storage of the motor vehicle; provided, however, that no such payment shall be required where a person who was the registered owner of the vehicle at the time of the offense was not the operator thereof and the vehicle was both properly registered and insured, if that owner redeems the vehicle within 10 days after being notified of its seizure and submits an affirmation under penalty of perjury in form as prescribed by the Town of Rosendale alleging that he, she or it has not within the past 18 months redeemed a vehicle seized pursuant to this section while being operated by the same person.
(3) 
Where the motor vehicle was operated by a person who, at the time of the offense, was the owner thereof, satisfactory evidence that the registered owner or other person seeking to redeem the vehicle has a license or privilege to operate a motor vehicle in this state, and satisfactory evidence that the action founded upon the foregoing second violation of any provision of this article has been terminated and that any fine imposed as a result of a conviction thereon has been paid, or a certificate issued by the court in which the action was commenced ordering the release of the vehicle prior to the judgment and compliance therewith in the interests of justice, or a certificate issued by the Town Attorney or other officer authorized to prosecute such charge waiving the requirement that the vehicle be held as security for appearance before and compliance with the judgment of the court.
C. 
When a vehicle seized and impounded pursuant to this section has been in custody of the local authority for 120 days, such authority shall make inquiry in the manner prescribed by the Commissioner of the New York State Department of Motor Vehicles as to the name and address of the owner and any lienholder and, upon receipt of such information, shall notify the owner and the lienholder, if any, and in the manner prescribed by the Commissioner of the New York State Department of Motor Vehicles that if the vehicle is not retrieved pursuant to Subsection B of this section within 30 days from the date the notice is given, it will be forfeited. If the notice cannot be given because the owner or his whereabouts is unknown, the local authority shall publish intent to dispose of the motor vehicle, for a period of 10 days, in a newspaper of general circulation in accordance with the regulations of the Commissioner of the New York State Department of Motor Vehicles and in such case, notice shall be deemed to have been given upon expiration of the 10 days of publication.
D. 
A motor vehicle that has been seized and not retrieved pursuant to the foregoing provisions of this section shall be forfeited to the local authority upon expiration of the period of the notice set forth in Subsection C of this section; provided, however, that in computing such period, the period of time during which the prosecution is or was pending against the owner for a violation of this section shall be excluded. A proceeding to decree such forfeiture may be brought by the local authority in the court in which the action for a second violation of any provision of this article was commenced by petition for an order decreeing forfeiture of the motor vehicle accompanied by an affidavit attesting to the facts showing forfeiture is warranted. If the identity and address of the owner and/or lienholder is known to the local authority, 10 days' notice shall be given to such party, who shall have an opportunity to appear and be heard prior to entry of an order decreeing forfeiture. Where the court is satisfied that forfeiture of a motor vehicle is warranted in accordance with this section, it shall enter an order decreeing forfeiture of such vehicle; provided, however, that the court at any time prior to the entry of such order may authorize release of the vehicle in accordance with Subsection B of this section upon a showing of good cause for failure to retrieve the same prior to the commencement of the proceeding to decree forfeiture, but if the court orders release of the motor vehicle as herein provided and the vehicle is not redeemed within 10 days from the date of such order, the vehicle shall be deemed to have been abandoned, and the court, upon application of the local authority, must enter an order decreeing its forfeiture.
E. 
A motor vehicle forfeited in accordance with the provisions of this section shall be and become the property of the local authority, to wit: the Town of Rosendale; subject, however, to any lien that was recorded prior to the seizure.
F. 
The purposes of this section, the term "local authority" means the Town of Rosendale.
G. 
When a vehicle has been seized and impounded pursuant to this section by the local authority, any person having custody of the vehicle shall make the vehicle available or grant access to it to any owner or any person designated or authorized by such owner for the purpose of taking possession of any personal property found within the vehicle and obtaining proof of registration, financial security, title or documentation in support thereof.