[Adopted 6-9-1969 by L.L. No. 1-1969]
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants of the Town of Wappinger and the
safeguarding of their material rights against unwarrantable invasion and for
the protection of public health, and in addition, such an environment is deemed
essential to the maintenance and continued development of the economy of the
Town and the general welfare of its citizens. It is further declared that
the establishment or operation of private dumps, dumping grounds, refuse disposal
areas, landfill sites or similar land uses is a hazard to such health, safety
and welfare of the citizens of the town, necessitating the elimination thereof.
At the same time, it is recognized that the maintenance of a public dump,
dumping ground, refuse disposal area or landfill site owned or operated by
the Town is useful and necessary. It is hereby declared that the prohibition
of private dumps, dumping grounds, refuse disposal areas or landfill sites
or other similar use of land for the deposit, burying or disposal, in any
matter whatsoever, of offal, garbage, trash, refuse, rubbish and like wastes
and that the maintenance of a public dump, dumping grounds, refuse disposal
area or landfill site is necessary to provide a single confined area for disposal
of waste which will facilitate the inspection of facilities for disposal of
waste and facilitate the enforcement of sanitary regulations.
No lands other than lands of a public dump or dumping ground heretofore
or hereafter established by this Town shall be used as a dump, dumping ground
or refuse disposal area or as a landfill site in said town.
The use of land as a private dump, dumping ground, refuse disposal area
or landfill site is prohibited and the use of said land for the deposit, burying
or disposal, in any matter whatsoever, of all offal, garbage, trash, refuse,
rubbish, debris and like waste is also hereby prohibited.
This article shall not prohibit the establishment, from time to time,
by the Town Board, of public dumps, dumping grounds, refuse disposal areas
or landfill sites owned or operated by the town.
A.
Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20BB(l) of the Code or imprisonment for not more than 15 days, or both. Each such deposit of waste material on lands within the Town of Wappinger not established as a public dump, dumping grounds, refuse disposal area or landfill site shall constitute a separate violation of this article. Each day such lands are so used as a dump, dumping ground, refuse disposal area or landfill site shall constitute a separate violation. Each separate violation shall be punishable as herein set forth.
[Amended 9-13-1999 by L.L. No. 6-1999; 3-22-2004
by L.L. No. 5-2004]
B.
The Town Board, in the name of the Town or any person
aggrieved, may maintain a legal or equitable action or proceeding in any court
of competent jurisdiction to compel compliance with or to restrain by injunction
the violation of any provision of this article.
