[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:
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.
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.
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.
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:
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.
Includes process wastes from manufacturing, commercial or
industrial processes.
Includes an individual, society, club, firm, partnership,
corporation or association of persons, and the singular number shall
include the plural number.
Persons having their domicile within the limits of the said
Town of Neversink, Sullivan County, New York.
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.
