[HISTORY: Adopted by the Town Board of the Town of New Paltz as indicated
in article histories. Amendments noted where applicable.]
[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:
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]
[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:
Advertises for sale any merchandise, product, commodity or things.
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.
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.
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.
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]
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]
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]
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]
Includes an individual, society, club, firm, partnership, corporation
or association of persons, and the singular number shall include the plural
number.
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]
Those persons having their domicile within the limits of said Town
of New Paltz, Ulster County, New York.
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]
[Adopted 12-30-1987 by L.L.
No. 9-1987]
As used in this article, the following terms shall have the meanings
indicated:
Any person who is in the business of cleaning out septic tanks or
privies or carting human excrement from such depositories.
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.
Includes an individual, society, club, firm, partnership, corporation
or association of persons, and the singular number shall include the plural
number.
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.
