[HISTORY: Adopted by the Town Board of the
Town of Southport as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-8-1975 by L.L. No. 1-1975 (Ch.
72 of the 1975 Municipal Code)]
This article shall be known as the "Ordinance
Regulating Disposal of Garbage and Rubbish within the Town of Southport."
It is the purpose of this article to promote
the health and general welfare of the inhabitants of the Town of Southport,
Chemung County, New York, by the more efficient regulation of the
disposal of garbage and rubbish within this Town.
As used in this article, unless the contents
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Includes waste food, papers, dead animals or parts thereof,
all waste or discarded vegetable or animal matter, and shall also
include the contents which have been pumped or taken from a cesspool,
dry well or septic tank.
Includes garbage, refuse and rubbish and all other waste
material which, if thrown or deposited as prohibited in this article,
tends to create a danger to public health, safety and welfare.
[Added 4-12-2005 by ordinance (Res. No. 100-2005)]
An individual, society, club, firm, partnership, corporation,
association and a municipal corporation. The term "municipal corporation"
shall include a county, city, town and village or a subdivision and
a district thereof.
Includes waste, metal, tin cans, paper; rags, ashes, cinders,
glass, automobile parts, cement, macadam, trees, limbs, bark, sawdust,
trunks, weeds, leaves, and any and all discarded substance of a solid
and incombustible nature.
[Amended 10-13-1992 by ordinance (Res. No. 224-92)]
A.
No person living and/or doing business in the Town
shall throw or deposit litter on any private property within the Town,
in such a manner that it tends to create a danger to the public health,
safety and welfare, whether owned by such a person or not, except
that the owner or person in control of private property may maintain
closed, sanitary, clean and leakproof receptacles for collection,
as authorized by this article. Litter will be prevented from being
carried or deposited by the elements from any such occupied private
property, to the street, sidewalk or other public place or upon any
private property. All rubbish shall be placed in suitable containers
approved by the Building Inspector or securely stacked or tied as
to be easily handled by one person, said containers may not be placed
at roadside more than 48 hours prior to being picked up.
[Amended 4-12-2005 by ordinance (Res. No. 100-2005)]
B.
No person shall dispose of garbage or rubbish within
the Town of Southport except in accordance with this article and rules
and regulations established by Chemung County and the State of New
York.
C.
No person
other than a resident of the Town of Southport shall dump, place,
or otherwise dispose of materials in any waste disposal facility maintained
or operated by the Town of Southport.
[Added 11-14-2011 by ordinance (Res. No. 143-2011)]
D.
No waste,
rubbish, garbage, or other materials shall be disposed of at any waste
disposal facility except in accordance with signs, rules, and regulations
posted and/or displayed at such disposal facility.
[Added 11-14-2011 by ordinance (Res. No. 143-2011)]
[Amended 10-13-1992 by ordinance (Res. No. 224-92)]
No person shall conduct or operate, or continue
to conduct and operate, a private or commercial dumping site unless
there is in existence a valid permit to do so from the Town of Southport
governing the same. In the event that the owner or operator of such
private or commercial dumping site shall fail to have in existence
at all times such permit, then and in that event, such private or
commercial dumping site shall cease to be operated and no further
garbage or rubbish stored or deposited therein shall be covered or
removed therefrom and if covered the same shall be done in accordance
with the rules and regulations established by the State of New York
for sanitary landfill procedures. Such permit shall be issued by the
Town Board of the Town of Southport.
Nothing contained in this article shall prohibit
the dumping or depositing of loam, sand or gravel for the purpose
of landscaping provided that there is not contained in such landscaping
fill any garbage or rubbish as herein defined.
No person shall throw or deposit, or cause to
be thrown or deposited any garbage, rubbish, or abandon vehicles or
parts thereof upon any public highway in the Town, or land adjacent
thereto.
Nothing contained in this article shall prohibit
the burial of dead animals upon any land in the Town of Southport,
provided that such burial is done in accordance with all statutes,
rules and regulations of the State of New York and the Chemung County
Health Department, together with all other statutes, rules and regulations
applicable thereto and further providing that the burial of such dead
animals or parts thereof shall not give off any offensive odor or
create a nuisance of any kind or which shall become dangerous to animal
or human life and further provided that no dead animals shall be transported
from without the territorial boundaries of the Town of Southport for
burial within this Town.
[Amended 4-12-2005 by ordinance (Res. No. 100-2005)]
A.
The Code Enforcement Officer or his duly designated
agent is authorized and empowered to notify the owner of any private
property or vacant land, or the agent of such owner, to dispose properly
of litter located on such owner's property, which is dangerous to
the public health, safety, or welfare. Notice shall be by certified
mail addressed to the last known address of said owner or agent or
by personal service upon said owner or agent.
[Amended 3-13-2018 by
Ordinance (Res. No. 66-2018)]
B.
Upon failure, neglect or refusals of any owner or
agent so notified to dispose properly of said litter within two days
from the receipt of the written notice specified in the prior subsection
or within two days after the date of such notice in the event that
it is returned to the Town by the United States Postal Service because
of inability to make delivery thereof, provided that the notice was
properly addressed to the last known address of the owner or agent,
the Code Enforcement Officer or his duly designated agent is authorized
and empowered to cite the owner or agent of such owner with a violation
of this article.
C.
Where violations of the Zoning Ordinances or property
maintenance codes[1] exist and pose an immediate hazard or danger to the health,
safety or welfare of building occupants or of the public, the Town
Supervisor or his duly authorized representatives may issue an order
citing the violation and directing such action by the Town as is necessary
to remove or abate the immediate hazard or danger and have the reasonable
cost of removing or abating the immediate hazard or danger charged
to the property owner on the next regular tax bill.
D.
This article shall be enforced by the Code Enforcement
Officer of the Town, whose duty it shall be to enforce all the provisions
of this article as prescribed herein or such provisions as may hereinafter
be enacted, and for the purpose of securing such enforcement he/she
shall have the right and hereby is empowered to enter upon premised
where violations occur.
E.
Each day any violation of any provision of this article
or of any such ordinance or resolution shall constitute a separate
offense.
[Amended 5-11-1993 by ordinance (Res. No. 124-93); 4-12-2011 by ordinance (Res. No.
73-2011)]
A.
The owner or occupant shall, upon default of the notice received pursuant to § 444-9, be assessed a surcharge in the amount of $100 in addition to the cost of cleaning, collecting and/or removal of the litter, garbage and/or rubbish described in such notice.
B.
Any violation of this article shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Town of Southport.[1]
[1]
Editor's Note: Former § 444-11, Surcharges, added
4-12-2005 by ordinance (Res. No. 100-2005), which immediately followed
this section, was repealed 6-14-2011 by ordinance (Res. No. 103-2011).
[The recycling program and regulations
of Chemung County are controlling in the Town of Southport.]
