[HISTORY: Adopted by the Town Board of the Town of New Paltz 5-26-1982 by L.L. No. 3-1982. Amendments noted where applicable.]
Dumps and dumping — See Ch. 66.
Except as provided for in § 89-4 hereof, the owner, lessee, tenant or any other person who has the management or control of or who occupies any land in the Town of New Paltz shall keep such land at all times free and clear of accumulation of ashes, rubbish, refuse, grass cuttings, leaves, garbage and other waste material, except that in the event of the removal of leaves, grass cuttings and other lawn debris by the Town of New Paltz, its agents, servants or employees, such material may be placed alongside the curb in accordance with the announced removal schedule, notwithstanding any other provisions in this chapter.
No person shall deposit any waste such as ashes, rubbish, refuse, grass cuttings, tree cuttings, leaves, garbage or other offensive substance on any lot or plot of land in the Town of New Paltz except in receptacles or containers which shall be kept covered at all times and shall be of metal or other impervious substances of sufficient strength and size to securely contain such waste material. Any waste material other than garbage, which cannot be readily deposited in any receptacles, must be compacted and securely bundled, tied or packed so as to be easily handled and not likely to be scattered and, when packed and secured, may be placed alongside such a receptacle.
No receptacles or containers of rubbish, refuse, garbage or other waste or offensive material shall be placed at any time on any lot between the public street and a line extending across such lot at the front of the building line of the principal building on each lot.
Nothing in this chapter shall be construed as denying any person the right to maintain a mulch pile or accumulation of grass cuttings, leaves or other inoffensive materials on his own or leased property as long as dust, odors or other nuisances are not permitted to develop from the resulting compost.
Nothing in this chapter shall be construed as denying any person the right to use ashes or other clean material as fill on his property as long as dust or any other nuisance is not permitted to develop therefrom.
For the purpose of being removed by an individual, partnership, corporation, association or joint-stock company actually engaged in the business of removing, collecting, transporting or disposing of garbage, rubbish or other refuse or waste material, nothing in this chapter shall be construed as prohibiting the placement of receptacles or containers as provided for herein nearer to a public street than that permitted herein for the purpose of being so removed; provided, however, that such placement shall be made commencing not earlier than six hours prior to 12:01 a.m. on the day regularly scheduled for such removal and shall end not later than six hours after 11:59 p.m. on the day regularly scheduled for such removal.
Any person who observes a violation of this chapter may file a complaint, under oath, with a Justice of the Town of New Paltz, specifying the nature of the violation, the date thereof and the name and residence, if known, of the person alleged to have committed such violation. Such complaint may serve as the basis for the issuance of an appearance ticket as hereinafter described.
[Amended 6-16-2011 by L.L. No. 1-2011]
Any peace officer, when acting pursuant to his special duties, or any police officer in the employ of or under contract to the Town of New Paltz observing a violation of this chapter committed in his presence shall issue and serve an appearance ticket upon the person alleged to have committed the violation.
Any peace officer, when acting pursuant to his special duties, or police officer in the employ of or under contract to the Town of New Paltz, having reasonable cause to believe that a person has violated this chapter, shall issue and serve upon such person an appearance ticket for such violation.
In addition to the enforcement of this chapter in the manner set forth in Subsections A and B above, the Building Inspector of the Town of New Paltz and the Code Enforcement Officer of the Town of New Paltz are hereby authorized to order, in writing, the remedying of any alleged violation of this chapter and to issue notices of violations and appearance tickets for violations of this chapter and to commence and to prosecute such violations in a court or courts of competent jurisdiction.
[Amended 12-30-1987 by L.L. No. 9-1987]
Upon conviction for a violation of this chapter, a person shall be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law of the State of New York, which shall be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both.
This chapter shall be in addition to all prior local laws, ordinances, rules and regulations relative to the accumulation of rubbish and trash and/or the use of receptacles or containers therefor within the Town of New Paltz.