[Adopted 3-15-1977 by L.L. No. 1-1977]
By the adoption of this article, the Town Board of the Town of Wappinger
declares its intent to be to regulate, in a manner consistent with the interest
of the citizens of the Town of Wappinger, the dumping of garbage, rubbish,
refuse and similar waste material on the lands within the town. Garbage is
a deleterious substance, and garbage dumps emit obnoxious odors and fumes.
Unattended, private garbage dumps and disposal areas attract rodents and vermin
and become breeding places for them. The process of burning garbage causes
smoke and oxidized garbage to be given off into the air which the community
breathes. All of these conditions can adversely affect the development of
the Town unless they are properly and carefully regulated. Therefore, recognizing
the above and the need of the community for an adequate and well-regulated
procedure for regulations in the exercise of its police power in these regards,
it is enacted by the Town Board of the Town of Wappinger as follows.
This article shall apply to dumping upon all lands, public or private,
within this town, exclusive of lands lying within the Village of Wappinger
Falls.
As used in this article, the following words shall have the meanings
indicated:
Waste food or parts thereof, vegetable matter of any kind or any
other matter which shall be capable of fermentation or decay or which shall
give off an odor.
An individual society, club, firm, partnership, corporation or association
of persons, and the singular number shall include the plural number.
Waste metal, metal cans, ashes, cinders, glass, pottery, paper, cardboard,
rags, bottles, rubbish, wood, lumber and all other discardable substances,
other than garbage.
Those persons having their domicile within the limits of the Town
of Wappinger, Dutchess County, New York.
A.
Dumping prohibited. The use of private or public lands
within the Town of Wappinger as a sanitary landfill site, dump, dumping ground,
storage or disposal facility for refuse or garbage is hereby prohibited.
B.
Automobiles prohibited. No person shall carry or leave
or cause to be carried or left within the Town any automobile, vehicle or
any junk car, either as a whole or dismantled or any parts therefrom, including
tires, unless within a licensed junkyard.
C.
Dead animals and fowl. No person shall carry or leave
or cause to be carried or left within the Town any dead animal or fowl.
D.
No persons shall carry or leave or cause to be carried
or left within the Town any animal or fowl waste, excrement, discharge, secretion
or feces.
E.
The use of any lands within the Town of Wappinger as
a dump or dumping grounds, storage or disposal facility for any refuse, garbage,
wastepaper, rags, scraps of any kind or description or any discarded material
commonly called "junk" or "trash" or of any description where such items originate
from within the State of New York but outside the Town of Wappinger as well
as the bringing into the Town of Wappinger of such items of waste or garbage
which originate from within the State of New York but outside the Town of
Wappinger is prohibited.
[Amended 6-8-1981 by L.L. No. 5-1981]
F.
Removal and transportation. No person shall remove or
transport or permit the removal or transportation of any offensive material
within the Town of Wappinger, except in such a manner or by such conveyance
as will prevent the creation of a nuisance or the loss or discharge of such
material in any public place, except as otherwise provided herein. All such
material shall be so handled and covered that it cannot escape or be accessible
to rodents, flies or other insects or create a nuisance.[1]
[1]
Editor's Note: Former Subsection G, Household use, which immediately
followed this subsection, was deleted 9-13-1999 by L.L. No. 6-1999.
A.
Violation. Any person, firm or corporation who or which commits, causes or permits any acts in violation of 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(2) of the Code or imprisonment for not more than 15 days, or both.
[Amended 9-13-1999 by L.L. No. 6-1999; 3-22-2004
by L.L. No. 5-2004]
B.
Civil remedy. In addition to the penalties provided herein,
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 to
restrain by injunction the violation of this article.
C.
This chapter will be enforced by the Zoning Administrator,
the Building Inspector, the Deputy Building Inspector, the Fire Inspector,
the Deputy Fire Inspector and any police agency having jurisdiction within
the Town of Wappinger.
[Added 8-18-2003 by L.L. No. 10-2003]
