Town of Neversink, NY
Sullivan County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Neversink: Art. I, 6-11-1980 as L.L. No. 1-1980; Art. II, 11-10-1982 as L.L. No. 3-1982. Amendments noted where applicable.]
[Adopted 6-11-1980 as L.L. No. 1-1980]
As used in this Article, the following terms shall have the meanings indicated:
GARBAGE
Solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking, or serving of foods. "Garbage" originates primarily in home kitchens, stores, markets, restaurants and other places where food is stored, prepared or served.
PERSON
Any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity.
RUBBISH
Trash and litter, whether or not combustible, consisting of but not limited to paper and paper products, wood and wood products, individual pieces not exceeding two inches in diameter and 36 inches in length, metal and metal products and glass and glass products. However, "rubbish" shall not include earth and waste from building operations, dirt, rock, concrete, grass, leaves, yard trimmings and automobile tires.
A. 
No person shall deposit or cause to be deposited any substance of any kind in the town-provided dumpster until such time as he or she has obtained a permit from the Town Clerk or his or her agent as herein provided. Permits may be obtained from the Town Clerk's office during regular office hours.
B. 
No permit issued under this Article shall be transferred or transferable.
C. 
The permit year shall run from January 1 to December 31 of each year.
D. 
An annual fee, as established from time to time by resolution of the Town Board, shall be charged for each permit.
Use of the town-provided dumpster shall be limited to the following hours and days, unless altered by resolution of the Town Board.
A. 
Wednesdays, from 11:00 a.m. to 7:00 p.m.
B. 
Saturdays, from 9:00 a.m. to 5:00 p.m.
A. 
It shall be unlawful for any person to deposit or cause to be deposited any substance of any kind in the town-provided dumpster unless permitted to do so as provided herein.
B. 
It shall be unlawful for any person to convey any substance of any kind collected outside the geographic limits of the Town of Neversink for delivery to the town-provided dumpster or to deliver or attempt to deliver the same to the town-provided dumpster.
C. 
It shall be unlawful for any person engaged in the business of collecting garbage or rubbish to deposit or cause to be deposited any substance of any kind in the town-provided dumpster other than his or her own personal garbage or rubbish.
D. 
It shall be unlawful for any person to deposit or cause to be deposited any substance of any kind other than garbage or rubbish, as herein defined, in the town-provided dumpster.
E. 
No person shall deposit or cause to be deposited any substance of any kind in the town-provided dumpster, except at the times and in the manner directed by the Town Board, whether such direction is given by the person in charge of the dumpster, under the authority of the Town Board, either personally or by a sign or signs erected upon the premises by his authority.
Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction thereof, be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[Adopted 11-10-1982 as L.L. No. 3-1982]
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of Neversink and the safeguarding of their material rights against unwarrantable invasion of waste materials and for the protection of public health, and in addition, such an environment is deemed essential to the maintenance, development and the economy of the town and the general welfare of its citizens. It is further declared that the establishment or operation of sanitary and industrial waste disposal areas or similar land uses is a hazard to such health, safety and welfare of the citizens of the town necessitating the elimination thereof. Sanitary and industrial waste dumped upon the soil emits obnoxious odors and fumes and is an unsanitary and unhealthy condition. By the adoption of this law, the Town Board of the Town of Neversink declares its intent to regulate in a manner consistent with the interest of the citizens of the Town of Neversink the dumping of sanitary and industrial waste and similar waste materials on the lands within the town. 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 Neversink as follows.
This Article shall apply to dumping upon all lands, public or private, within the Town of Neversink.
As used in this Article, the following terms shall have the meanings indicated:
GARBAGE
Solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking, or serving of foods. "Garbage" originates primarily in home kitchens, stores, markets, restaurants and other places where food is stored, prepared or served.
INDUSTRIAL WASTE
Includes process wastes from manufacturing, commercial or industrial processes.
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
RESIDENT
Persons having their domicile within the limits of the said Town of Neversink, Sullivan County, New York.
SANITARY WASTE
Includes sewage containing human or household wastes.
The use of private or public lands within the Town of Neversink as a sanitary landfill site, sanitary or industrial waste disposal area, is hereby prohibited.
The use of any lands within the Town of Neversink as a dump, dumping ground, storage or disposal facility for any refuse, garbage, sanitary or industrial waste, wastepapers, 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 Neversink, is hereby prohibited.
No person shall remove or transport or permit the removal or transportation of any waste material within the Town of Neversink except in such manner or by such conveyance as will prevent the creation of 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.
Any person who commits, causes or permits any acts in violation of any of the provisions of this Article shall be guilty of an offense and upon conviction shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
In addition to the penalties provided, 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.
This Article 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, shall be used as a garbage, industrial or sanitary waste 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 Neversink are still in force unless inconsistent with this Article, which shall prevail in the event of inconsistencies.