[HISTORY: Adopted by the Town Board of the
Town of Greenport 3-1-1989 by L.L. No. 2-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 72.
Junkyards — See Ch. 78.
Littering — See Ch. 83.
[1]
Editor's Note: This local law also repealed
former Ch. 65, Dumps and Dumping, adopted 6-11-1969 by L.L. No. 1-1969,
as amended.
It is hereby determined by the Town Board that
the operation of dumps and facilities for the disposal of garbage,
rubbish and construction debris, unless under proper control, are
likely to constitute a hazard and menace to the health and safety
of the residents of the Town of Greenport, and it is the intent of
this chapter to prohibit the operation of dumps and facilities for
the disposal of garbage, rubbish and construction debris in the Town
of Greenport.
A.
DUMP
GARBAGE AND RUBBISH
PERSON
RUBBISH, GARBAGE or CONSTRUCTION DEBRIS
As used in this chapter, the following terms shall
have the meanings indicated:
A place used for disposal and leaving of paper, rubbish and
waste material of any nature by the public or by any person as hereinabove
defined.
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 flammable 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 owners
of the property on which the same is located.
Includes an individual, firm, partnership, corporation, municipality
or municipal corporation or association of persons, and the singular
shall include the plural number.
Includes any waste material, whether composed of wood, paper,
cloth, cardboard, plastic, metal, cement, concrete or otherwise, including
the ash residue resulting from the combustion of any waste material.
B.
All other terms, phrases and words used herein shall
be as defined in the New York State Sanitary Code or, if not defined
therein, shall have the meaning ordinarily given thereto. They shall
be given the construction provided for in the General Construction
Law of the State of New York.
The operation or maintenance of a dump or facility
for the disposal of rubbish, garbage or construction debris, as the
same are herein defined, is hereby prohibited in the Town of Greenport,
except any landfill or refuse disposal area operated by the Town of
Greenport or a joint municipal landfill commission or a solid waste
management facility authorized by the County of Columbia.
Nothing herein contained shall be deemed to
prohibit any person from disposing of rubbish, waste material and
garbage on property upon which such rubbish, waste material and garbage
is produced. Furthermore, the accumulation or placing of organic waste
materials intended solely for agricultural or horticultural purposes
shall be exempted from the provisions of this chapter.
No person or governmental agency shall remove,
transport or permit the removal or transportation of any offensive
or toxic materials within the Town of Greenport, except in such manner
or by such conveyance as will prevent the creation of a nuisance or
the loss or discharge of such material in a public place.
Any person violating any of the provisions of
this chapter may, upon conviction, be penalized by a fine not exceeding
$1,000. A second or subsequent violation of this chapter may, upon
conviction, subject such violator to a fine not exceeding $2,000,
imprisonment not exceeding 15 days, or both. Each day such violation
shall continue shall constitute a separate violation. In addition
to the penalties herein provided, the Town Board may also maintain
an action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or restrain by injunction the
violation of this chapter.
