[HISTORY: Adopted by the Town Board of the
Town of Esopus as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-9-1967 by L.L. No. 1-1967;
amended in its entirety 3-23-1977 by L.L. No. 2-1977]
As used in this article, the following terms
shall have the meanings indicated:
Includes waste food, papers, dead animals or parts thereof,
droppings or excreta of domestic fowl in whole or mixed with some
other substance, ashes, offal, vegetables, dross, cinders, shells,
straw, shavings, paper, dirt, filth and all waste matter which shall
be flammable 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 combustible nature.
No person shall throw, cast, lay, bury or leave
or direct, suffer or permit any servant, agent or employee to throw,
cast, lay, bury or leave any rubbish or garbage of any kind whatsoever
in, upon, near or adjoining any highway, public road, way or place
or route of public travel in the Town of Esopus, Ulster County, New
York, or in or upon any private property situated in said Town of
Esopus, except as such place or places may from time to time be designated
or approved as a dumping ground by the Town Board of said Town of
Esopus, for which written permission to use same is issued by said
Town Board.
Nothing herein contained shall prevent a person
from burying an animal on his or her own lands.
No person shall throw, cast, lay, bury or leave
or direct, suffer or permit any servant, agent or employee to throw,
cast, lay, bury or leave any rubbish or garbage of any kind whatsoever
in or upon any private or public dumping ground or landfill, which
said rubbish or garbage originates outside the Town of Esopus.
[Amended 12-3-2019 by L.L. No. 2-2019]
A.
Penalties for violations.
(1)
Any person committing an offense against any provision of this chapter
shall be punishable by a fine not exceeding $2,500 or imprisonment
for a period not to exceed 15 days, or both.
(2)
Each and every day that a violation continues shall constitute a
separate offense.
(3)
Each of the provisions of this chapter is hereby readopted without
substantive change by local law, pursuant to the Municipal Home Rule
Law of the State of New York. The provisions of this chapter, and
the provisions establishing penalties for violating this chapter,
shall supersede the provisions of the Town Law to the extent that
they are inconsistent therewith.
B.
Additional remedies.
(1)
The Town Board or any Town officer designated by said Board, in addition
to other remedies, may institute an appropriate action or proceeding
to correct or abate a violation of this chapter or to prevent any
illegal act.
(2)
In addition to any other remedies set forth herein authorizing the
Town to enforce the provisions of this chapter, establishing penalties,
and setting forth additional remedies, the Town may seek a civil penalty
not to exceed $1,000 per day for each day of the violation.
C.
The Town shall pay a sum equal to 50% of any fine or civil penalty
collected by the Town to any individual who supplies information that
shall lead to the detection, arrest and conviction of a person guilty
of violating a provision of this chapter, when such information culminates
with a fine or penalty being paid, provided that the sum paid hereunder
shall not exceed $1,250.
[Adopted 5-10-1989 by L.L. No. 4-1989[1]]
[1]
Editor's Note: A fee schedule attached to
this local law provided for a number of additional fees. A copy of
this schedule is on file in the office of the Town Clerk, where it
may be examined during regular business hours.
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, municipality or association of persons, and the singular
number shall include the plural number.
Includes any individual, firm, partnership, corporation,
municipality or association of persons engaged in the business of
collecting garbage, rubbish and other waste materials for a fee or
any other valuable consideration.
Includes waste metal, plastics, tin cans, ashes, cinders,
glass, pottery and all discarded substances of solid and incombustible
nature.
The premises owned or leased by the Town of
Esopus situated, lying and being the Town of Esopus, County of Ulster
and State of New York, generally described as follows: 34.8 acres
located adjacent to the former New York Central Rail Road, West Shore
Line (now Conrail) main line at West Park, New York. Said premises
are hereby designated as the dumping ground of this town for garbage,
rubbish and other waste materials by the residents of the town, subject
to the provisions of this article. The regulations herein contained
shall also apply to any other lands hereafter acquired or leased for
the purpose of disposal of garbage, rubbish and other waste materials.
No person shall carry or leave or cause to be carried or left upon the premises mentioned in § 85-7 of this article any automobile, vehicle, machine, trailer, mobile home, commercial appliance or other article, or any part thereof, unless the same shall have been dismantled and the body thereof so cut into four-by-six-foot sections flattened out so as to permit the same to occupy a minimum of space. Any deviation will have to have special permits and Board approval. Doors must be removed from appliances as a safety precaution.
No person shall carry or leave or cause to be carried or left upon the premises mentioned in § 85-7 of this article, any garbage as hereto defined, or any material, waste or offal of any kind which shall give off any offensive odor, either when left upon premises or thereafter, or creates or may thereafter create a nuisance of any kind or which shall be or may become dangerous to human or animal life.
No person not a resident of or conducting an
established business in the Town of Esopus shall deposit any garbage,
rubbish or other waste materials on the premises herein designated
for that purpose, except a person or persons engaged in the business
of collecting garbage, rubbish and other waste materials who have
entered a valid and existing contract with the Town Board of the Town
of Esopus permitting deposits on the premises.
A.
Any person who is engaged in the business of collecting garbage, rubbish and other waste materials, as defined in § 85-6 of said article, or any other person who in fact collects said garbage, rubbish and other waste materials shall, before collecting and depositing said material in the Town of Esopus dumping area or on any other property, public or private, in the Town of Esopus, procure a license or permit from the Town Clerk of the Town of Esopus to collect and deposit such waste materials. The Town Clerk of the Town of Esopus shall provide such applicant with a written application, upon which the applicant shall state the routes located in the Town of Esopus where he collects garbage, rubbish and other waste materials, the number of homes or businesses located on said routes and the approximate cubic yardage or tonnage per month of garbage, rubbish and other waste materials deposited in the Town of Esopus dumping area or on any property, public or private, in the Town of Esopus.
B.
A midyear report containing the same information required in Subsection A above will be filed on July 1 of each year to update the annual application.
C.
Any person engaged in or conducting a business in
the Town of Esopus desiring to deposit solid bulk materials, including
stoves, refrigerators and other bulk materials, shall state on the
application provided to him by the Town Clerk of the Town of Esopus
the approximate number of articles or the approximate tonnage per
month of articles to be deposited in the Town of Esopus dumping area.
Said application shall further state the nature and type of business
engaged in and the location of said business. If there is more than
one business site located within the Town of Esopus, the application
shall so state the name and address of each business site.
Residents of the Town of Esopus not in the business
of collecting garbage, rubbish and other waste materials for hire,
money or any other valuable consideration may apply to the Town of
Esopus Town Clerk for a permit for the limited purpose of depositing
garbage, rubbish and other waste materials within reasonable amounts,
i.e., standard household usage per week, originating from their own
homes or property on the premises herein designated for that purpose.
No person shall, under any circumstances, carry
or leave or cause to be carried or left any toxic or hazardous materials,
as defined under New York State Law, or batteries of any kind. Any
violations or deviations will be prosecuted to the fullest extent
of the law.
No person shall deposit or cause to be deposited
any substances of any kind on the dumping ground herein designated,
except at the places, time 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 a sign or signs erected upon
the premises by his authority.
No burning by any person or persons shall be
permitted in said dumping area, except by an order of the Town Board.
Any and all vehicles used for the collection
and transportation of garbage, rubbish and other waste materials,
while traveling on the public highways in the Town of Esopus, shall
be constructed and covered so as to prevent any of the material thereon
from falling on the road or blowing from said vehicles. Each portable
container over eight cubic yards in size shall be clearly marked with
the letters "Town of Esopus" and the cubic yardage.
No person shall throw or deposit or cause to
be thrown or deposited, any garbage, rubbish or other waste materials
or abandoned vehicles, or parts thereof, in or upon any public highway,
street or place or in or upon any property within the Town of Esopus,
including his or her own, except upon the dumping ground aforesaid
pursuant to the regulations hereof by the Town of Esopus.
A.
Persons engaged in the business of collecting garbage,
rubbish and other waste materials shall pay to the Town Clerk an annual
fee of $250 per commercial vehicle upon the issuance of a permit or
license permitting them to engage in the business of depositing waste
materials in the Town of Esopus. In addition, each commercial hauler
will pay a tipping fee of $42 per ton of material or $15 per cubic
yard, whichever creates the highest fee, deposited in the landfill
site. The fee charged will be predicated on the size of the container
or compactor. Each container or compactor will be clearly marked on
each side, stating the tonnage and cubic-yard capacity. Partial loads
will be treated as full loads for the purpose of determination of
fee to be charged. Each commercial hauler will be billed on a semimonthly
basis. All bills will be rendered by the 15th and 30th days of the
month, with payment due within two weeks of the mailing of such bills.
All commercial haulers with a delinquent balance over 30 days old
will be prohibited from depositing waste materials in the landfill.
B.
There shall be a credit of 55 tons per week issued
to any person or persons engaged in the business of collecting garbage,
rubbish and other waste materials from residences within the Town
of Esopus. These collectors must get Town Board approval prior to
setting rates for pick up at Town of Esopus residences.
C.
Applicants engaged in a business located physically
in the Town of Esopus, upon receiving a permit from the Town Clerk
of the Town of Esopus to deposit solid waste, such as refrigerators,
stoves, etc., shall pay an annual fee of $100 per truck up to one
ton's capacity and $200 per truck over one ton's capacity upon obtaining
said permit, in addition to tipping fees.
D.
Residents of the Town of Esopus not engaged in the
business of collecting garbage, rubbish and other waste materials
and not engaged in a business in the Town of Esopus whereby bulk refuse,
such as refrigerators, stoves, etc., would be deposited, shall obtain
an annual permit from the Town of Esopus upon paying an annual fee
of $5.
E.
Contractors doing work for town residents or town
business, such as construction or renovations, shall procure a permit
from the Town Clerk and pay $15 for a thirty-day permit, plus normal
tipping fees. Contractors shall also provide proof of origin. Material
to be dumped must originate from the Town of Esopus only.
Any person engaged in the business of collecting
garbage, rubbish and other waste materials in the Town of Esopus violating
any of the provisions of this article shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punishable by a fine of $5,000
for each offense or by imprisonment in jail not to exceed 60 days,
or both.
Any person, firm, corporation, etc., doing business
in the Town of Esopus and licensed to deposit solid waste material,
such as tires, refrigerators, stoves, etc., violating any provision
of this article shall guilty of a violation and, upon conviction thereof,
shall be le by a fine of $250 for each offense or by imprisonment
in jail not to exceed 60 days, or both.
Any person, persons, corporation, partnership or firms violating any provision of this article, the penalty for which is not provided for in § 85-19 or 85-20 shall be guilty of a violation and, upon conviction, shall be punishable by a fine of $250 for each offense or by imprisonment in jail not to exceed 60 days, or both.
All passenger-car and small-truck tires deposited
in the landfill will be charged $2 per tire, and large-truck tires,
20 inches or larger, will be charged $5 per tire.
The Town Board by resolution may adjust the
above-mentioned fees from time to time, without public hearing.
Any person who, or whose servants, agents, employees
or officers, shall be convicted of violation of this article may thereafter
be denied the use of the dumping ground, either temporarily or permanently,
by resolution of the Town Board, and his or her license shall be subject
to revocation or suspension.
