The Town Board of the Town, by enacting this
chapter, hereby declares its intent and purpose to be the protection
of the general health, safety and welfare of the residents of the
Town by providing a clean, wholesome and attractive environment within
the Town. The Town Board also recognizes the inherent dangers arising
from the unrestricted or unsafe generation, collection or disposal
of solid wastes or other dangerous, noxious, unhealthy and hazardous
substances. The Town Board hereby adopts the following requirements
concerning the collection, transportation, disposal and management
of solid waste within the Town.
Disposal of any of the following materials at
any solid waste facility within the Town is prohibited:
A. Toxic, industrial or hazardous wastes, except household
hazardous waste.
B. Dead animals and carcasses, including rendering products,
hides, fleshings and residues from meat processing.
C. Motorized vehicles, trailers and equipment which are
not in a clean and dismantled state.
D. Solid waste generated or collected outside the Town
or collected by a commercial waste collector within the Town.
E. Any other materials or waste, hazardous or not, which
the Town Board finds would require special handling and disposal.
Permits for the use of solid waste facilities
and/or for the collection, transportation or disposal of solid waste
within the Town must be obtained.
A. Residents.
(1) Permits allowing use of Town solid waste facilities
shall be obtained by providing written proof of residence or property
ownership within the Town. Such permits shall be valid for the disposal
of solid waste generated within the Town by the permit holder and
his/her immediate household.
(2) Each applicant for a permit required by this article
shall make an application in writing on a form provided by the Town
to the Town Clerk. Attendants at the solid waste facility may deny
the use of said premises to any person failing to exhibit such permit
or proof of permit.
(3) Any permit issued under this subsection shall become
void when the holder ceases to be a resident of the Town. A permit
is not transferable.
B. Commercial waste collectors. Commercial waste collectors
are not permitted to use Town solid waste facilities or to dispose
of solid waste generated either outside or inside the Town.
C. Denial of application. Notwithstanding any other provision
of this article, a permit required by this article shall not be granted
where, in the opinion of the Town Board, the granting thereof will
cause or may be deemed likely to cause an undue burden on the disposal
facilities of such solid waste facility or may otherwise interfere
with the orderly operation and maintenance of the solid waste facility
or the health and safety of persons or property.
The Town Board may adopt a schedule of fees
for the disposal of designated portions of the solid waste stream.
A violation of this article or the rules and
regulations thereunder is hereby declared to be an offense.
A. Residents and nonresidents.
(1) A first violation shall be punishable by a fine of
not less than $50 or more than $100.
(2) A second violation within three years shall be punishable
by a fine of not less than $100 or more than $500.
(3) A third or subsequent violation within three years
shall be punishable by a fine of not less than $250 or more than $1,000
or by up to five days' imprisonment, or both.
B. Commercial waste collectors.
(1) A first violation shall be punishable by a fine of
not less than $100 or more than $250.
(2) A second violation within five years shall be punishable
by a fine of not less than $250 or more than $1,000.
(3) A third or subsequent violation within five years
shall be punishable by a fine of not less than $1,000 or more than
$2,500 or by up to five days' imprisonment, or both.
C. Additional penalties.
(1) At any time, after a hearing, the Town Board may suspend
or revoke any permit if the Town Board at such hearing determines
the holder of such permit to be a persistent violator or incapable
of or unwilling to comply with the provisions of this article or the
rules and regulations thereunder, or has intentionally or negligently
acted, or has acted and as a result has harmed, or created a risk
of harm, to the aesthetics and-environment of the Town or the health
and safety of its inhabitants and its livestock and wildlife, or has
utilized said permit in a manner inconsistent with this article or
has allowed said permit to be utilized by other than its issuee. The
permittee shall have an opportunity to be heard at such hearing, which
shall be held after such permittee shall be served by written notice
of such hearing in person or by certified mail, return receipt requested,
not less than 15 days prior to the date of such hearing.
(2) The Town shall also have such other remedies as are
provided by law.