[HISTORY: Adopted by the Town Board of the Town of Catskill as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 115.
[Adopted 5-6-1969]
The Town Board of the Town of Catskill does hereby adopt and enact this
article which shall be known and may be cited as the "Ordinance Regulating
and Prohibiting Use of Lands Within the Town of Catskill for Disposal of Garbage
and Rubbish."
As used in this article, the following terms shall have the meanings
indicated:
The residue from fires used for cooking and heating buildings.
Includes any refuse from animal and vegetable matter, and foodstuffs
after it has been used as food, refuse from the kitchen, market, house or
store, floor sweepings, table waste or animal or vegetable matter, vegetables,
meats, fish, bones, fat and all offal, and organic waste substance, but shall
not include fresh trimmings from meat markets or slaughterhouses.
Includes one or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies, clubs and all
other entities of any kind capable of being sued.
[1]Affecting health, is a nuisance which is a thing, act or occupation,
or use of property, premises, equipment or structure, either private or public,
affecting the health of one or more people.
Includes combustible trash including but not limited to paper, cartons,
boxes, barrels, wood, excelsior, tree branches, logs and tree stumps, yard
trimmings, wood furniture, bedding and waste petroleum products; noncombustible
trash including but not limited to metal, tin cans, metal furniture, small
quantities of rock and pieces of concrete, glass, crockery or other metal
fixtures; and street rubbish including but not limited to street sweepings,
leaves, catch basin dirt and contents of little receptacles. Refuse shall
not include earth and wastes from building operations nor shall it include
solid waste resulting from industrial process and manufacturing operations
such as food processing waste, boiling house cinders, lumber scraps and shaggings.
It shall be unlawful for any person to throw, spill, place or deposit
or leave or cause to be thrown, spilled, placed, deposited or left, or to
permit any servant, agent or employee to throw, spill, place, deposit or leave
in or upon any street, highway, alley, sidewalk, park, public building, in
any running water or body of water within the Town of Catskill, or other public
place in the Town of Catskill any sweepings, filth, rubbish, garbage, vegetables,
dead carcass, sewage, slops, excrement, compost, stable manure, ashes, soot,
tin cans, rags, waste paper barrels, crates, boxes, litter or loose combustible
material, including waste petroleum products, materials subject to be carried
by the wind or unwholesome or putrescible matter of any kind.
It shall be unlawful for any person as a passenger in or as owner, driver,
manager or conductor of any cart, truck, automobile, bicycle, conveyance or
other vehicle to scatter, drop or spill or permit to be scattered, dropped
or spilled, whether the same be wrapped up in bundles, in bags or otherwise,
any stone or building rubbish, or other light materials of any sort, or manufacturing,
trade or household wastes, refuse, rubbish of any sort or ashes or manure,
garbage or other organic refuse or other offensive matter therefrom, or permit
the same to be blown off therefrom by the wind, in or upon any street, sidewalk,
alley, vacant lot, vacant premises, public buildings or other public place.
It shall be unlawful for any person, either as owner, lessee, agent,
tenant or otherwise, to throw, cast, deposit or place or to cause or permit
to run, drop or remain or to be thrown, cast or deposited any rubbish, garbage,
manure, offal or other decomposable organic or putrescible matter which will
or might create a nuisance or act as or become a breeding place for flies
or as food for rats, or discarded thing capable of holding water which might
serve as breeding places for mosquitoes or combustible matter which might
serve to increase the fire hazard of neighboring property, in or upon any
vacant lot or land or vacant place upon the surface of any lot or land, enclosed
or otherwise, except at such place or places designated or provided by the
Town Board of the Town of Catskill, provided that garbage, manure, offal and
other putrescible matter may be temporarily kept in suitable cans, vessels,
tanks or containers which are watertight and provided with tightly fitting
covers. Nothing in this section shall be construed as to prohibit the depositing
of manure or fertilizers upon any private property for the purpose of cultivating
or improving the same.
Public health, welfare and safety being promoted thereby, all garbage,
as the same is hereinbefore defined, must be kept in covered cans of the approved
type, with two handles to carry. All other rubbish, little waste, sweepings,
refuse, ashes, papers, rags, glass, bottles, wood waste and materials of the
like character must be kept in suitable receptacles which shall be covered
or sealed.
It shall be unlawful to dispose of any garbage or refuse anywhere in
the Town of Catskill except in a lawfully established garbage or refuse sanitary
landfill site, dump or dumping grounds designated by the Town Board. There
shall be no open dumps within the general limits of the Town of Catskill.
A.
No person or corporation shall collect for pay, transport
or dispose of garbage within the Town of Catskill unless duly licensed by
the Town Clerk of the Town of Catskill. The fee for such license under this
article shall be such as may be determined by the Town Board, by resolution,
for each year for each conveyance used for transporting garbage. No license
shall be granted by the Town Clerk unless a certificate of approval of conveyance
to be licensed shall have been made by the Health Officer of the Town of Catskill
and duly filed with the Town Clerk. For the purpose of making such approval,
the Health Officer shall duly inspect all boxes and conveyances for the transportation
of garbage at least once every six months and file his certificate of approval
or disapproval of the same with the Town Clerk.
B.
Any person or corporation who shall engage in the collection
of garbage without obtaining a license therefor shall be in violation of this
article.
C.
Any license issued hereunder shall be effective from
the date of its issuance until the 31st day of December of the year for which
issued, after which a new application for license must be made yearly.
D.
Such license shall be personal with the licensee. It
may not be sold, assigned, transferred or disposed of in any manner.
Any municipality-owned landfill site, dump or dumping grounds designated
by the Town Board for that purpose shall be for the exclusive use of the residents
of the Town of Catskill, except that the Town Board may grant permission for
use of the sanitary landfill site, dump or dumping grounds by outside persons
or corporations who agree to pay such fees as are satisfactory to the Town
Board. Such fees shall be assumed to be their prorated share of the cost of
maintenance. Any such person or corporation who shall, without permission,
transport garbage from outside the Town of Catskill and dump or discharge
the same upon any municipality-owned sanitary landfill site, dump or dumping
grounds or at any other place in the Town of Catskill shall forfeit his or
its license after a hearing before the Town Board held after five days' notice,
in writing, has been given to the licensee stating the time, place and purpose
of said hearing.
A.
Any municipality-owned sanitary landfill site, dump or
dumping grounds shall be open to commercial collectors and the public at the
times fixed by said municipality and the municipality shall post said times
on an appropriate sign at said sanitary landfill site, dump or dumping grounds.
B.
No dumping will be permitted at any other time in order
that the operator of the equipment at the landfill site, dump or dumping grounds
will have time to properly compact and cover the refuse at the close of each
day's operation, the object being to make a closed cell of each day's deposit.
No garbage or refuse will be permitted to be exposed overnight.
C.
The disposal by the landfill method shall be planned
as an engineering project. The general supervision shall be provided by the
Highway Superintendent.
D.
Sufficient standby equipment shall be provided to prevent
delay in covering due to breakdowns or peak loads.
E.
No fill shall be removed from any municipality-owned
sanitary landfill site, dump or dumping grounds by any person or corporation
for any purpose.
F.
The custodian of the landfill site, dump or dumping grounds
shall be in full charge of all matters concerning dumping and placing of refuse
at the landfill site, dump or dumping grounds and failure to obey the directions
of the custodian shall be deemed a violation of this article. All persons
using a municipality-owned sanitary landfill site, dump or dumping grounds
shall obey the orders of the custodian as to when and where to dump their
refuse. All materials cleaned from trucks or cans shall be disposed of in
the trench by the carrier and not left on the road.
G.
A speed limit of 15 miles per hour shall be maintained
on access roads leading to the dumping area.
H.
All garbage trucks or vehicles should be equipped with
a permanent-type cover to prevent papers, boxes and trash from blowing out
of the vehicle body.
I.
No material shall be burned at the landfill site, dump
or dumping grounds and any person bringing hot ashes or causing a fire to
start at the landfill site, dump or dumping grounds shall be subject to penalties
imposed for violations of this article.
J.
It shall be unlawful for any person to pick over the
refuse deposited at said landfill site, dump or dumping grounds.
The Highway Superintendent will be responsible for the proper operation,
control and maintenance of any designated sanitary landfill site, dump or
dumping grounds proposed by the Town Board of this town.
A.
Any person, firm or corporation who commits or permits
any act or acts in violation of any of the provisions of this article shall
be guilty of an offense and shall upon conviction thereof be liable to a penalty
or fine of not more than $250 or imprisonment for not more than 15 days, or
both such fine and imprisonment, for each and every offense. Each day such
violation shall continue or be permitted to exist shall constitute a separate
violation or offense.[1]
B.
Conviction for any above-mentioned violation shall constitute
and effect an immediate forfeiture of the license.
C.
Any person, firm or corporation violating this article
shall be subject in lieu of criminal action to a civil penalty enforceable
and collectable by the town in the amount of $250 for each such offense. Such
penalty shall be collectable by and in the name of the town for each day that
such violation shall continue.[2]
D.
In addition to the above-provided penalties and punishment,
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 article.
[The Town of Catskill is currently subject to the recycling regulations
of Greene County.]
