Town of New Paltz, NY
Ulster 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 New Paltz as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 12.
Garbage, rubbish and refuse — See Ch. 89.
Sewers — See Ch. 113.
[Adopted 3-13-1974 by L.L. No. 3-1974]
By the adoption of this article, the Town Board of the Town of New Paltz declares its intent to be to regulate, in a manner consistent with the interest of the citizens of the Town of New Paltz, the dumping of garbage, rubbish, refuse and similar waste material on lands within the Town and to provide for the disposal thereof on the established Town dump or any dump hereafter established. Garbage is a deleterious substance, and garbage dumps emit obnoxious odors and fumes. Unattended, private garbage dumps and disposal areas attract rodents and vermin and become breeding places for them. The process of burning garbage causes smoke and oxidized garbage to be given off into the air which the community breathes. All of 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 the disposal of garbage and rubbish in the Town sanitary landfill and in the exercise of its police power in these regards, be it enacted by the Town Board of the Town of New Paltz as follows.
This article shall apply to dumping upon all lands, public or private, within this Town, except upon such premises as are or may be lawfully established as a public sanitary landfill of this Town, and thereon only in the manner herein provided.
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and/or consumption of food.
[Amended 2-22-1990 by L.L. No. 3-1990]
HANDBILL
[Added 2-22-1990 by L.L. No. 3-1990]
"Commercial handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature which:
A. 
Advertises for sale any merchandise, product, commodity or things.
B. 
Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales.
C. 
Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profits.
D. 
While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as an advertiser or distributor.
LITTER
Garbage, refuse and rubbish, as defined herein, and/or all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
[Added 2-2-1990 by L.L. No. 3-1990]
MUNICIPAL SEWAGE SLUDGE
Sludge which has been generated, discharged to sludge-drying beds and dried as the direct result and by-product of the operation by the Town of New Paltz of a Town wastewater disposal facility.
[Added 11-24-1981 by L.L. No. 4-1981]
NEWSPAPER
Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
[Added 2-22-1990 by L.L. No. 3-1990]
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a "commercial handbill" or "newspaper."
[Added 2-22-1990 by L.L. No. 3-1990]
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and/or solid, market and/or industrial wastes.
[Amended 2-22-1990 by L.L. No. 3-1990]
RESIDENT
Those persons having their domicile within the limits of said Town of New Paltz, Ulster County, New York.
RUBBISH
Nonputrescible solid wastes consisting of combustible and/or noncombustible wastes and shall include, but shall not be limited to, paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
[Added 2-22-1990 by L.L. No. 3-1990]
[Amended 11-24-1981 by L.L. No. 4-1981]
The premises owned by the Town of New Paltz situated three miles north of the Village of New Paltz along Pioneer Trail is hereby designated as the sanitary landfill, dumping grounds of New Paltz for garbage and refuse by the residents of this Town and for dumping of municipal sewer sludge by the Town, subject to the provisions of this article. The regulations herein contained shall also apply to any other lands hereafter acquired or leased for the purpose of disposal at a sanitary landfill site.
No person shall deposit or cause to be deposited any substance of any kind on the sanitary landfill site except at the places and manner directed by the person in charge of the premises under authority of the Town Board, whether such direction is given personally or by a sign or signs erected upon the premises by his authority and/or the Town Board's direction.
The use of private or public lands within the Town of New Paltz as a sanitary landfill site, dump, dumping ground or storage or disposal facility for refuse or garbage is hereby prohibited, unless a written permit from the Town Board of the Town of New Paltz is first obtained as herein provided, and the Town Board may hold a public hearing on application as provided hereinafter.
[Amended 11-28-1984 by L.L. No. 5-1984]
No person shall carry or leave or cause to be carried or left upon the premises mentioned in § 66-4 of this article any automobile, vehicle or any junk car, either as a whole or dismantled, or any parts therefrom, including tires.
No person shall carry or leave or cause to be carried or left upon the premises mentioned in § 66-4 any dead animal or fowl, except by special permit of the Town Clerk.
[Amended 2-22-1990 by L.L. No. 3-1990]
A. 
The use of any lands within the Town of New Paltz as a sanitary landfill, dump, dumping ground, storage facility or disposal facility for any garbage, litter, newspaper, commercial handbill, noncommercial handbill, refuse or rubbish where such items originate from outside the geographical boundaries of the Town of New Paltz is hereby prohibited.
B. 
Nothing in the foregoing provisions of this chapter shall prohibit the use within the Town of New Paltz of any lands utilized as a sanitary landfill, dump, dumping ground, storage facility or disposal facility for the purpose of collection, receiving, storing, reclamation or other activity associated therewith pursuant to a comprehensive plan of recycling where such use is permitted pursuant to written agreement authorized and entered into by and on behalf of the Town Board of the Town of New Paltz; provided, however, that such use shall be limited exclusively to materials originating within the County of Ulster.
No person shall deposit or cause to be deposited on premises established as a sanitary landfill of this Town any rubbish or refuse generated by land clearing or demolition for the erection of any structure or for the establishment of any subdivision, including but not limited to wood, trees, tree trimmings, leaves or brush, unless cut into small parts not exceeding four feet in length or width and not exceeding 75 pounds in weight per piece.
No person who does not reside in the Town of New Paltz may deposit or cause to be deposited any substance of any kind on the premises established as a sanitary landfill of this Town, except nonresident haulers by special license of the Town Clerk.
No person shall deposit or cause to be deposited any machinery, appliance or any other article unless the same shall have been dismantled and/or cut into small parts not exceeding four feet in length or width and not exceeding 75 pounds in weight per piece.
No person shall dump or cause to be dumped any substance on the premises designated as the "Town sanitary landfill" except at regular hours established by the Town Board. The hours shall be adopted by resolution of the Board and posted on the bulletin board in the Town Clerk's office.
No person shall remove or transport or permit the removal or transportation of any offensive material within the Town of New Paltz except in such a manner or by such conveyance as will prevent the creation of a 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.
No person shall ignite or cause to be ignited any fires or burn any material of any kind on the Town sanitary landfill, except the authorized custodian of the sanitary landfill.
A. 
Fees. The use of the sanitary landfill site now owned or any future site owned and maintained by the Town of New Paltz shall be without charge to residents of the Town of New Paltz.
B. 
Permit. Each resident of the Town shall have the privilege of using the Town site for disposal of his own refuse and garbage according to the terms of this article upon obtaining from the Town Clerk a resident permit sticker to be conspicuously displayed on the resident's motor vehicle, said sticker to be applied as prescribed by the Town Board. The motor vehicle hauling the refuse and garbage must have its sticker conspicuously displayed.
C. 
Application for license.
(1) 
Any person desiring a license shall file with the Town Clerk an application blank. The blanks shall contain the following information and must be under oath:
(a) 
The name of the applicant.
(b) 
The applicant's permanent home residence.
(c) 
The name and address of the firm represented.
(d) 
Three business references.
(e) 
The place or places of residence of the applicant for the preceding three years.
(f) 
The number either of arrests or convictions for misdemeanors or crimes and the nature of the offenses for which arrested or convicted.
(2) 
To the application must be appended a letter from the firm for which he reports to work authorizing the applicant to act as its representative and a picture of the applicant not less than three inches square taken within one year of the date of application and a statement that the applicant will comply with the reasonable regulations as to time of opening, control of said dump and restricting his pickup in the Town of New Paltz only.
D. 
Granting of license. Following the filing of application, the Town Clerk shall verify the information respecting the moral character of the applicant and shall signify his approval or rejection on the reverse side of the form, and the Town Clerk shall verify the financial information, approving or rejecting the application on its reverse side. Upon verification of the application and payment of the prescribed fee, the license shall be issued by the Town Clerk. The license issued shall not authorize any person except the designated person named in said license to engage in business thereunder. Said license shall not be transferable from the person to whom issued to any other person. A separate license must be obtained for every truck used by him.
E. 
Recording and reporting licenses.
(1) 
All licenses shall be issued on forms drawn in accordance with this article. They shall be consecutively numbered. The license shall contain suitable blank spaces for writing in the name, truck name, description and New York State registration number and the amount of fees paid.
(2) 
There shall be kept in the office of the Town Clerk the necessary books for recording the time the application for license is received, showing the name of the licensee, the regular number of the blank form, when the application was approved by the Town Clerk, the amount of fee received therefor and the date when the license was issued.
(3) 
The Town Clerk shall annually file a report with the Board, showing the number of licenses granted and the amount of fees received therefor. Each report shall state the number of licenses suspended or revoked.
F. 
License in possession.
(1) 
Every person holding a license under this article shall be required to carry the license with him or on his truck while engaged in the business licensed. He must produce the license at the request of an official of the Town and of any person of the Town.
(2) 
To every person granted a license, the Town Clerk shall issue a metal plate bearing the words "Commercial Sanitation Permit, Town of New Paltz," together with the number of the license and year of validity. All automobiles or other vehicles used shall have affixed thereon said metal plate.
G. 
Fee schedule. License fees shall be paid to the Town Clerk according to the schedule adopted by the Town Board. Each license shall terminate at the close of December 31 of the year in which it was issued. Such license is personal to the licensee and not transferable to another person.
H. 
Revocation of permit Upon the violation of any provision hereof, the Town Board may revoke any such permit previously issued.
No person shall remove garbage, refuse or materials of any kind whatsoever from the Town sanitary landfill or shall scavenge or retrieve any article deposited for disposal at the sanitary landfill site or other site where dumping is authorized without the authorized written consent of the Town Board.
A. 
Violation. 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 thereof, shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
[Amended 12-30-1987 by L.L. No. 9-1987]
B. 
Civil remedy. In addition to the penalties provided in Subsection A herein, 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.
[Adopted 12-30-1987 by L.L. No. 9-1987]
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL
Any person who is in the business of cleaning out septic tanks or privies or carting human excrement from such depositories.
GARBAGE
Includes waste food, papers, dead animals or parts thereof and all waste or discarded wood, lumber or vegetable matter of any kind or any other matter which shall be flammable or capable of fermentation or decay.
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
RUBBISH
Includes waste metal, tin cans, ashes, cinders, glass, pottery and all discarded substances of a solid and incombustible nature as well as any substance of a combustible nature.
No lands in the Town of New Paltz may be used for the commercial dumping or depositing of any sewage sludge, contents of cesspools, contents of privies or any other human excrement originating outside of the Town of New Paltz.
Any person violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for each offense or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
This article shall be enforced by the Supervisor of the Town, who, in turn, shall direct the Town Attorney or Attorney for the Town to initiate judicial proceedings.