It is hereby determined by the Town Board that
the operation of dumps and facilities for the disposal of garbage
and rubbish, unless under proper control, are likely to constitute
a hazard and menace to the health and safety of the residents of the
Town of Queensbury, and it is the intent of this article to prohibit
the operation of dumps and facilities for the disposal of garbage
and rubbish in the Town of Queensbury except with the express consent
of the Town Board given under such conditions as will reasonably protect
the public health and safety.
As used in this article, the following terms
shall have the meanings indicated:
DUMP
A placed use for disposal and leaving of paper, rubbish and
waste material of any nature by the public or by any person as herein
defined; a dump includes, without limitation, construction and demolition
debris landfills.
[Amended 9-21-1998 by L.L. No. 7-1998]
FACILITIES FOR THE DISPOSAL OF GARBAGE AND RUBBISH
An incinerator or any place where waste food material, cans,
bottles and containers for food, dead animals or parts thereof, vegetable
matter of any kind or any other matter which shall be inflammable
or capable of fermentation or decay, including sewage waste, may be
placed or left for disposal by the public or any persons other than
the owner of the property on which the same is located.
PERSON
Includes individuals, firms, partnerships, corporations,
municipalities or municipal corporations or associations of persons,
and the singular shall include the plural number.
[Amended 5-24-1991 by L.L. No. 6-1991]
Any person violating any of the provisions of
this article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punishable by a fine not exceeding $1,000 for each
offense or by imprisonment in the county jail for not more than one
year, or by both such fine and imprisonment. The Town Board may, by
resolution, revoke any permit granted by it by reason of willful violation
of any of the terms or conditions contained in the resolution granting
such permit. The Town Board shall also have the power to bring a civil
action to restrain any violation of this article or the violation
of any of the terms or conditions contained in any resolution adopted
by the Town Board to grant a permit as herein provided.