[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.]
GENERAL REFERENCES
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.
A.
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.
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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.
