Environmental conditions in the Village of Menands are hereby declared
to be of prime importance of the health and safety of the inhabitants of the
Village of Menands, both for the protection of public health and the continuation
of a clean, wholesome, attractive environment. It is therefore declared that
the establishment or operation of private dumps, dumping grounds, refuse disposal
areas, landfill sites or similar land uses is a hazard to such health, safety
and welfare of the citizens of the Village, necessitating the elimination
thereof. It is recognized that the maintenance of a public dump, dumping ground,
refuse disposal area or landfill site may be useful and necessary; however,
it is hereby declared that the prohibition of private facilities for such
matters or other similar use of land for the deposit, burying or disposal,
in any manner whatsoever of offal, garbage, trash, refuse, rubbish and like
wastes and the maintenance of any such facility should be confined to a single
well-designed area which will facilitate the inspection of such facilities
and the enforcement of sanitary regulations in connection therewith.
No lands other than lands of a public dump or dumping ground heretofore
or hereafter established by this Village shall be used as a dump, dumping
ground, refuse disposal area or as a landfill site in said Village.
The use of land as a private dump, dumping ground, refuse disposal area
or landfill site is prohibited and the use of said land for the deposit, burying
or disposal in any manner whatsoever of all offal, garbage, trash, refuse,
rubbish, debris and like waste is also hereby prohibited.
This chapter shall not prohibit the establishment by the Village Board
of public dumps, dumping grounds, refuse disposal areas or landfill
sites owned and operated by the Village, from time to time.
[Amended 2-5-2007 by L.L. No. 2-2007]
Any person violating the provisions of this chapter shall be subject
to a penalty in the sum of not more than $100 for the first offense and $250
for any offense thereafter. Each such deposit of waste material on lands within
the Village of Menands not established as a public dump, dumping ground, refuse
disposal area or landfill site shall constitute a subsequent violation of
this chapter. Each day such lands are so used as a dump, dumping ground, refuse
disposal area or landfill shall constitute a subsequent violation. Each separate
violation shall be punishable as herein set forth.
The Village Board, in the name of the Village, or any person aggrieved
may maintain a legal or equitable action or proceeding in any court of competent
jurisdiction to compel compliance with or to restrain by injunction the violation
of any provision of this chapter.