Town of Kingsbury, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Kingsbury as indicated in article histories.]
GENERAL REFERENCES
Hazardous and other wastes — See Ch. 162.
Garbage and rubbish disposal — See § 168-4.
[Adopted 3-12-1991 by L.L. No. 4-1991 (Ch. 64, Art. I, of the 1983 Code)]

§ 222-1 Title.

This article shall be entitled "Solid Waste Treatment and Disposal in the Town of Kingsbury, Washington County, 1991."

§ 222-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
PUTRESCIBLE
The tendency of organic matter to decompose with the formation of malodorous by-products.
RECOVER
Any act or process by which recyclables are separated from the solid waste stream.
RECYCLABLES
Solid waste that exhibits the potential to be used repeatedly in place of a virgin material.
RECYCLABLES HANDLING AND RECOVERY FACILITY
A solid waste management facility, other than collection and transfer vehicles, at which recyclables are separated from the solid waste stream or at which previously separated recyclables are collected.
RECYCLE
To use recyclables in place of virgin materials in manufacturing a product.
REFUSE
Anything putrescible or nonputrescible that is discarded or rejected as useless or worthless.
RESIDUALS
Sludge, sewage sludge, septage, air pollution control facility waste or any other such waste having similar characteristics or effects; and solid waste remaining after the processing of solid waste by composting methods that was not made into compost suitable for use.
SOLID WASTE
All putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludge from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal.

§ 222-3 Legislative intent.

A. 
The preservation and improvement of the quality of the environment within the Town of Kingsbury in the face of growth, urbanization and change, with the accompanying demands on natural resources, are found to be of increasing and vital importance to the health, welfare and economic well-being of present and future inhabitants of the Town of Kingsbury.
B. 
It is recognized that the integrity of the Town's environment is in the natural beauty of its surrounding community which cannot be protected without the full cooperation and participation of all people of the Town of Kingsbury working in partnership with local, county and state officials. The establishment of a Solid Waste Treatment and Disposal Plan for the Town of Kingsbury, Washington County, is a necessary step in creating a unified action on environmental issues.
C. 
It is the belief of the Town, upon analysis of Kingsbury's waste stream, that potential exists for expansion of efforts to increase waste reduction, ongoing composting and recycling.
D. 
Furthermore, the Town of Kingsbury recognizes that solid waste is a continuous process and that the Town must consider the development of ongoing solid waste management capabilities. This is important if Kingsbury is to achieve long-term success in implementing waste reduction and recycling goals.
E. 
It is the intent of the Town to assert its rights to establish procedures and standards for its Town so as to protect its public health and its environment by ensuring the safe, proper and suitable management of solid waste within the borders of the Town of Kingsbury.

§ 222-4 Purpose.

A. 
The Town Board of the Town of Kingsbury, pursuant to the powers of the Municipal Home Rule Law and by the powers invested in the enabling legislation, New York State Laws of 1987, Chapter 681, shall declare the Town of Kingsbury to preempt and supersede Chapter 681, an act in relation to solid waste treatment and disposal in Washington County (1987), to the extent that the Town of Kingsbury hereby retains its rights and powers to implement said local laws within the Town of Kingsbury with respect to collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste or the recovery by any means of any materials or energy product or resources therefrom, including delivery in any recycling efforts.
B. 
This article does not specifically exclude the ability of the Town pursuant to its governing laws and the Municipal Home Rule law to enter into an agreement with said County of Washington or other municipal entities or the private sector regarding solid waste collection or the receiving, transporting, delivering, storing, processing and disposing of solid waste or its recovery within the Town of Kingsbury.

§ 222-5 Supersession of statute.

This article, pursuant to the Municipal Home Rule Law of the State of New York, specifically supersedes Chapter 681 of the Laws of 1987, Washington County – Solid Waste Treatment and Disposal, as it relates to the ability and powers of Washington County in collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste or recovery. Said article hereby asserts the powers to adopt and amend local laws within its borders so that the local laws enacted by the County shall not take precedence over and shall not supersede said article of this Town.
[Adopted 9-19-2005 by L.L. No. 4-2005]

§ 222-6 Title and authority.

This article shall be known as "A Local Law Regulating Litter." It is adopted pursuant to § 10 of the Municipal Home Rule Law.

§ 222-7 Legislative intent.

A. 
This Town Board finds that a clean, wholesome, attractive environment is necessary for the health, safety and well-being of the inhabitants of the Town of Kingsbury.
B. 
This Town Board further finds that the unrestrained accumulation of litter is hazardous to the health, safety and well-being of the citizens of the Town, necessitating the regulation thereof.
C. 
Therefore, the purpose of this article is to provide for the health, safety and well-being of the inhabitants of the Town of Kingsbury by regulating the storage and disposal of garbage, rubbish, refuse and discarded substances.

§ 222-8 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Town of Kingsbury or any such person appointed by the Town Board to enforce the provisions of this article.
LITTER
Any putrescible animal and vegetable waste, liquid or solid, likely to ferment or decompose and produce noxious odors or become injurious to public health commonly known as "garbage" and any putrescible and nonputrescible solid waste, including rubbish and refuse, such as ashes, street cleanings, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk, machinery, and solid market and industrial waste, paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, building materials, trash and any other material which, when scattered, thrown or discarded on any property, tends to create a danger to public health, safety and welfare and/or render the streets, private grounds, or public places unsightly.

§ 222-9 Littering in public places.

No person shall throw or deposit, or cause to be thrown or deposited, any litter in or upon any public property whatsoever within the Town of Kingsbury except in such receptacles designated by the Town for such purposes.

§ 222-10 Storage of garbage.

No person shall throw, deposit, accumulate, store, or cause to be thrown, deposited, accumulated or stored, any litter in or upon any private property within the Town of Kingsbury except in a securely closed receptacle or dumpster used for the collection and removal of the same.

§ 222-11 Spilling or scattering of materials.

A. 
The owner or person in control of private property shall maintain his or her private receptacles for collection in such manner that litter will not be carried or deposited by the elements upon any public place or private property.
B. 
Any spillage or scattering of litter out of a receptacle shall be collected by the person who set out such container or bundle and shall be lawfully disposed of by him.

§ 222-12 Presumption of responsibility.

A. 
If evidentiary proof of the name or address of any individual is found among litter illegally placed or spilled or scattered within the Town, such evidence shall create the presumption that the aforesaid individual perpetrated and is responsible for the improper disposal or storage of it.
B. 
The owner of any real property within the Town upon which litter is stored or scattered in violation of this article shall be guilty of the respective violation regardless of whether such real property owner improperly stored or scattered the litter.

§ 222-13 Administration and enforcement.

The Code Enforcement Officer shall be responsible for the administration and enforcement of this article and shall act upon any written complaint or his or her observation of an alleged or possible violation of this article. The Code Enforcement Officer and police officers may issue appearance tickets as specified in § 222-14 hereof. The Code Enforcement Officer may also request the Town Board to take action under § 222-15 and/or § 222-16 hereof, and the Town Board may take action on its own initiative under § 222-15 and/or § 222-16 hereof.

§ 222-14 Penalties for offenses.

The Code Enforcement Officer, or any person defined as a "peace officer" pursuant to the New York State Criminal Procedure Law, is authorized to issue an appearance ticket, in compliance with the provisions of the Criminal Procedure Law, to any person who is violating any provision of this article, requiring such person to appear before a Town Justice. Such a violation shall constitute a violation punishable by a fine not exceeding $250, by a sentence of community service or restitution, by imprisonment in the Washington County Jail for a term not to exceed 15 days, or by a combination thereof. Each day or part of a day on which a violation continues shall constitute a separate violation.

§ 222-15 Injunctive and other relief.

The Town Board may authorize an action or proceeding to be brought in the name of the Town seeking injunctive and other relief with regard to an alleged violation of any provision of this article.

§ 222-16 Town Board hearing and order.

A. 
Upon finding that a violation of this article may exist that is, or may become, dangerous or unsafe to the public, the Town Board may direct that notice be given to the owner of the property upon which the alleged violation exists. The notice shall set forth that a public hearing will be held, and that if it is determined by the Town Board at such hearing that such a violation does exist, the owner will be required to remedy the violation within the specified number of days and if the owner fails to do so, the Town nay act to remedy the violation and charge the owner for the costs of same.
B. 
Such notice shall be served by personal service of a copy thereof upon the property owner, the owner of the litter, and/or to the person responsible for improperly scattering or disposing of the same, or, if no such person can be reasonably found, by mailing such person by registered mail a copy of the notice directed to his or her last known address and posting a copy at such address in such number of days in advance of the hearing date as is reasonable under the circumstances.
C. 
Upon the conclusion of the public hearing, if the Town Board finds that there exists a violation of this article upon the subject property that is, or may become, dangerous or unsafe to the public, the Town Board shall issue an order directing the property owner to remedy the violation within a specified number of days that is reasonable under the circumstances, and stating that if the property owner fails to remedy the violation within the specified number of days, the Town may act to remedy the violation and charge the owner for the costs of same.
D. 
If the property owner fails to remedy the violation within the specified number of days, and the Town acts to remedy the violation, the Town may personally deliver, or mail in the manner specified above, a bill to the property owner for the costs of remedying the violation.
E. 
If the property owner does not pay the Town the full amount set forth in such bill within 30 days after the delivery or mailing of same, the Town Board may cause to be recorded in the Town Clerk's office a sworn statement by the Code Enforcement Officer showing the costs for the remedial work, the date(s) on which the work was performed and the location of the property on which the remedial work was conducted. The recording of such sworn statement shall constitute a lien on the property which shall remain in full force and effect until full payment has been made. Said amount shall be collected in the manner fixed by law for the collection of taxes. In the event that said amount is not paid in full on or before the date the tax bill upon which it appears is last due without penalty, said amount shall be subject to the same delinquent penalty as the delinquent penalty for Town real property taxes. Sworn statements recorded in accordance with the provisions hereof shall be full notice to every person concerned that said amount of the statement constitutes a charge against the property designated thereon and that the same is due and collectible as provided by law.

§ 222-17 Applicability.

This article shall not apply to the fertilization of any agricultural lands in the Town.

§ 222-18 Effect on approval requirements.

This article shall not be construed to affect or supersede the Town's Zoning Ordinance. This article shall not be construed to affect or supersede the applicability or requirements of any other state law for which an applicant may need approvals, including, without limitation, any applicable Department of Environmental Conservation requirements, including the State Environmental Quality Review Act (SEQRA), or any other state agency requirements.