[HISTORY: Adopted by the Town Board of the
Town of Canandaigua 8-1-1966 (Ch. 49 of the 1977 Code). Amendments noted where applicable.]
Except as permitted under § 100-3, no person shall throw, dump or deposit, or cause or permit the same, any rubbish or garbage from any source whatsoever upon any land within the Town of Canandaigua other than the public dump and there, subject to this chapter and all rules, regulations, ordinances or statutes now or hereafter adopted pertaining to use of the public dump.
[Amended 3-7-1983 by L.L. No. 1-1983; 8-20-2018 by L.L. No. 5-2018]
A.
No dumping of garbage, rubbish, construction debris, dirt fill, stone,
gravel, road bed surpluses, petroleum, chemical, and nuclear materials,
organic matter, or manure, above or below ground level, is allowed
on private or public properties in the Town, with the following exceptions:
(1)
These regulations shall not restrict an agricultural operation, including
private gardens, or private property owners from safely composting
garbage.
(2)
The dumping materials are a valid part of a construction phase duly
sanctioned by a building permit.
(3)
Minimal and appropriate landscape maintenance, the establishment
and refurbishing of driveways, the construction and maintenance of
septic systems.
(4)
The dumping materials and private dump site are duly sanctioned by
a Department of Environmental Conservation permit and are a preexisting
condition prior to the adoption of the ordinance.
(5)
The dumping of materials in a public dump site designated as a Town
refuse-transfer site during hours of operation.
(6)
The Town Highway Department may dump roadside, culvert, and ditch
scrapings on selected sites in cooperation with the property owners.
(7)
In any of the exceptions listed above, the dumping shall not endanger
the health and welfare of the residents of the Town or create a public
nuisance.
B.
Any future dump sites will hereafter be subject to the recommendation
of the Town Planning Board, the approval of the Zoning Board of Appeals,
a permit from the Zoning Officer and a permit from the Department
of Environmental Conservation.
[Amended 3-7-1983 by L.L. No. 1-1983; 8-20-2018 by L.L. No. 5-2018]
Any person violating any provision of this chapter
shall, upon conviction thereof, be deemed guilty of an offense and
subject to a fine not less than $100 but not to exceed $250. Any subsequent
violation of this chapter by such offender shall be a misdemeanor,
and, upon conviction, such person shall be subject to a fine not less
than $300 or imprisonment not exceeding six months, or both such fine
and imprisonment.
[Added 6-27-1988 by L.L. No. 3-1988]
The purpose of this article is to establish
rules and regulations for the operation of the Town of Canandaigua
Recycling-Transfer Facility and throughout the Town of Canandaigua.
The Town Board, upon consultation with the Highway
and Water Superintendent and Town Planner, as supervisors of the facility,
shall designate the days and hours for operation of the Recycling-Transfer
Facility. Said days and hours will be posted on the signs located
at the entrances to the facility.
A.
The Town of Canandaigua provides a Recycling-Transfer
Facility for Town of Canandaigua residents and for residential use
only. No commercially generated waste will be accepted.
B.
Use of the Recycling-Transfer Facility is restricted
to Town of Canandaigua residents with a valid recycling-transfer permit,
which must be in compliance with all the provisions of this article.
C.
No garbage, recyclable rubbish or nonrecyclable rubbish
shall be placed, deposited, or accepted at the Town Recycling-Transfer
Facility outside of the designated days and hours of operation.
D.
Garbage, recyclable rubbish, or nonrecyclable rubbish
shall be placed in appropriate areas or containers as designated by
the Recycling-Transfer Operator.
E.
From the time of placement of garbage, recyclable
rubbish, or nonrecyclable rubbish at the Recycling-Transfer Facility
by a Town resident in accordance herewith, such material shall become
the property of the Town of Canandaigua or its authorized agent. It
shall be a violation for any person, without permission of the Recycling-Transfer
Facility Operator, to collect, pick up, remove, or cause to be removed
said material.
F.
It shall be a violation to dump or deposit garbage,
nonrecyclable rubbish or recyclable rubbish in the Town of Canandaigua
other than at a designated location and in compliance with all the
provisions of this article.
Any person violating any provision of this article,
upon conviction thereof, be deemed guilty of an offense and subject
to a fine of not less than $50 or greater than $100 for the first
offense. Any subsequent violations of this chapter by such offender
shall be a misdemeanor and, upon conviction, such person shall be
subject to a fine of not less than $250 or greater than $500 or imprisonment
not exceeding six months, or both such fine and imprisonment.
The provisions of this article shall be enforced
by the Town's Code Enforcement Officer or the Town Constable. The
Code Enforcement Officer and Town Constable are hereby empowered to
issue appearance tickets for violations of any provision of this article.