[HISTORY: Adopted by the Town Board of the Town of Bethel as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Mass public assemblies — See Ch. 90.
Campgrounds — See Ch. 120.
Mobile home parks — See Ch. 214.
[Adopted 7-27-1995 by L.L. No. 4-1995 (Ch. 63 of the 1990 Code)]
The purpose of this article is to regulate the disposal or dumping of garbage, rubbish, refuse, trash and similar wastes, hereinafter collectively referred to as "trash," on all lands within the Town of Bethel, pursuant to the authority granted under § 64, Subdivision 5-a; § 130, Subdivisions 6 and 15; and § 136, Subdivision 8, of the New York State Town Law.
The provisions of this article shall apply to the disposal of all trash on all lands, whether private or public, within the Town of Bethel. It shall not apply, however, to the disposal of farm animal wastes, lawn and yard trimmings or construction debris such as earth, tree stumps, concrete, wood and similar items which are commonly used as fill and present no health or safety hazards.
[Amended 11-9-2006 by L.L. No. 5-2006]
As used in this article, the following terms shall have the meanings indicated:
INDUSTRIAL WASTE
Solid waste derived from manufacturing, commercial or industrial processes.
[Added 7-8-2015 by L.L. No. 1-2015]
JUNK ACCESSORY VEHICLE
Any abandoned or discarded truck camper, camping trailer, camper, travel trailers, pop-up trailer, tent trailer or overnight trailer.
[Added 7-8-2015 by L.L. No. 1-2015]
JUNK APPLIANCE
Any household appliance, including, but not limited to, a stove, washing machine, dryer, dishwasher, freezer, refrigerator, air conditioner, water heater, or television, which is stored outside of any residence or structure.
[Added 7-8-2015 by L.L. No. 1-2015]
JUNK FURNITURE
Abandoned, discarded, or irreparably damaged furniture, including, but not limited to, sofas, lounge chairs, mattresses, bed frames, desks, tables, chairs, and chests of drawers.
[Added 7-8-2015 by L.L. No. 1-2015]
JUNK MANUFACTURED HOME
Any abandoned or discarded structure, or part thereof, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, if erected on a site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. To qualify as a junk manufactured home, the dwelling must meet two out of three of the following conditions for six months or more:
[Added 7-8-2015 by L.L. No. 1-2015]
A. 
The electrical service is disconnected or terminated.
B. 
It is abandoned as a dwelling unit.
C. 
It is no longer habitable for residential occupancy.
JUNK MOTOR VEHICLE
[Added 7-8-2015 by L.L. No. 1-2015]
A. 
Any motor vehicle or used parts or waste materials from motor vehicles which, taken together, equal in bulk one or more such vehicle, which is:
(1) 
Unlicensed or unregistered; or
(2) 
Abandoned, wrecked, stored, discarded, dismantled, or partly dismantled; or
(3) 
Not in condition for legal use upon the public highways.
B. 
The fact that a motor vehicle does not display a current motor vehicle registration or license plate shall be presumptive evidence that such motor vehicle is not in condition for legal use upon the highways. With respect to any motor vehicle not required to be licensed or a motor vehicle not usually used on public highways, the fact that such motor vehicle is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junk motor vehicle unless refuted by verifiable and credible proof.
JUNKYARD
[Added 7-8-2015 by L.L. No. 1-2015]
A. 
The outdoor storage or deposit of any of the following, whether in connection with another business or not:
(1) 
Three or more junk motor vehicles.
(2) 
Three or more junk accessory vehicles.
(3) 
Two or more junk manufactured homes.
(4) 
Five or more junk appliances.
(5) 
Five or more pieces of junk furniture.
(6) 
Any combination of the above that totals 10 or more items.
B. 
Notwithstanding the foregoing, the outdoor storage of up to five unregistered motor vehicles no longer in condition for legal use on the public highways shall be permitted at a motor vehicle repair shop duly registered with the State of New York in accordance with 15 NYCRR 82.3.
JUNKYARD PERMIT
A current permit to operate a junkyard duly issued by the Town of Bethel pursuant to applicable law.
[Added 7-8-2015 by L.L. No. 1-2015]
MOTOR VEHICLE
Any vehicle propelled or drawn by power other than muscular power originally intended for use on public highways, including but not limited to automobile, bus, trailer, truck, tractor, motor home, motorcycle, and mini-bicycle. This term shall also include an all-terrain vehicle or snowmobile.
[Added 7-8-2015 by L.L. No. 1-2015]
OPERATOR
Any person who is the lessee, tenant, operator or in possession of real property subject to the requirements of this article.
OWNER
Any person who is the owner of real property subject to the requirements of this article.
PERMITTED JUNKYARD
A junkyard operated pursuant to a current junkyard permit.
[Added 7-8-2015 by L.L. No. 1-2015]
PERSON
Any individual, public or private corporation, political subdivision, agency, association, firm, company, estate or any other legal entity.
RECEPTACLE
A garbage can, container, compactor, dumpster, barrel and any other container used for the storage of trash.[1]
RUBBISH
Except as limited by § 279-2 herein, all solid wastes including but not limited to industrial wastes, garbage, litter, trash, household refuse resulting from the handling, storage, sale, preparation or use of food, discarded clothing and any other discarded consumer goods. Rubbish shall also include the deposition or storage out of doors of any of the following items: used motor vehicle parts; metal, glass, fabric and waste materials taken from motor vehicles; or two or more unregistered motor vehicles no longer in condition for legal use on the public highways except where any such items are stored at a permitted junkyard. Notwithstanding the foregoing, the storage of up to five unregistered motor vehicles no longer in condition for legal use on the public highways shall be permitted at a motor vehicle repair shop duly registered with the State of New York in accordance with 15 NYCRR 82.3.
[Added 7-8-2015 by L.L. No. 1-2015]
SEASONALLY OCCUPIED REAL PROPERTY
The use of real property for a limited portion of the calendar year typically, but not exclusively, from the Spring through the Fall seasons. Seasonally occupied real property may include a dwelling which is temporarily occupied by a person or persons having a usual residence elsewhere from whence they customarily journey to work, send children to school, vote, or conduct other principal activities. Such dwelling may have any of the following characteristics: a lack of year-round water supply; a lack of a furnace or heat source; a lack of indoor plumbing; a lack of insulation; or seasonal use typically during warmer weather months.
[Added 7-8-2015 by L.L. No. 1-2015]
SOLID WASTE
Shall have the meaning found at 6 NYCRR 360-1.2(a).
[Added 7-8-2015 by L.L. No. 1-2015]
[1]
Editor’s Note: The former definition of “trash,” which immediately followed this definition, was repealed 7-8-2015 by L.L. No. 1-2015.
[Amended 7-8-2015 by L.L. No. 1-2015]
A. 
General restrictions.
(1) 
No person shall use any lands of the Town of Bethel as a rubbish disposal area or for any dumping of rubbish whatsoever, except in conformity with this article.
(2) 
No person shall, within the Town of Bethel, dispose of any rubbish collected outside the Town of Bethel.
(3) 
No person engaged in the business of collecting rubbish shall deposit such rubbish in Town-provided receptacles.
(4) 
No person shall deposit rubbish or any other discarded material in a Town-provided receptacle except at such times, with such permission and in such manner as directed by the Town Board, whether such direction is given by the person charged with supervising rubbish disposal, under the authority of the Town Board, by signs erected upon the premises or by other means.
(5) 
No person shall leave rubbish exposed in such manner as to emit offensive odors, cause the breeding of flies, rodents or other vermin or permit such rubbish to be dragged off by other animals.
(6) 
Private receptacles shall be emptied regularly, screened from view of the traveling public and secured when not in use, if not removed. It shall be a violation of this article if the lid of any receptacle cannot be closed securely because the receptacle is filled beyond capacity.
(7) 
Persons disposing of rubbish shall place the same in a leakproof receptacle and in such manner as to prevent the rubbish from leaking or blowing or falling onto other private property. The Town Code Enforcement Officer may require the installation of fencing or an enclosure to ensure compliance with this requirement.
(8) 
Persons using a seasonally occupied real property shall, within three days of cessation of use, legally dispose of all rubbish and empty all receptacles. Vacating any seasonally occupied real property for more than seven days shall constitute a cessation of use for the purposes of this article.
(9) 
No person shall use any lands of the Town of Bethel as a junkyard without holding a current junkyard permit.
B. 
Use of Town disposal facilities.
(1) 
Every person depositing or causing any rubbish or other discarded material to be deposited in Town-provided receptacles shall first obtain a permit from the Town Clerk or his or her agent as provided herein. The Town Board may, by resolution, determine any fees which shall attach to such permits and adopt rules applying to their issuance and use. The permit shall provide residents or property owners of the Town of Bethel with the means to identify that they are a legal user of the Town-provided disposal facilities, and any person so using the facilities shall be required to produce or exhibit such permit whenever requested to do so by the Town Clerk or Town representatives charged with operating the disposal facilities.
(2) 
No permit issued hereunder shall be transferred or be transferable.
(3) 
Use of Town-provided disposal facilities shall be limited to its hours of operation.
[Amended 11-9-2006 by L.L. No. 5-2006; 7-8-2015 by L.L. No. 1-2015]
A. 
It shall be the responsibility, in every instance, of both the owner and operator of any premises in the Town of Bethel to ensure the requirements contained herein are met. If a tenant, user or other operator fails to comply with these requirements, the property owner shall nonetheless continue to bear responsibility for the same.
B. 
Procedures.
(1) 
Within three days of cessation of operation of any seasonally occupied real property, the owner or operator thereof shall comply with the requirements of § 279-4A(7) and (8); or within three days of receipt of a compliance order issued by the Town Code Enforcement Officer, served personally on the owner or operator of any such real property located in the Town of Bethel or posted on the premises in question, the owner or operator thereof shall legally dispose of all rubbish located on the property in question, empty and clean all receptacles, and otherwise comply with the terms and conditions of said order.
(2) 
For any other real property located in the Town of Bethel, within 10 days of receipt of a compliance order issued by the Town Code Enforcement Officer, or within such longer period of time as may be set forth in said order, served personally on the owner or operator of any such real property located in the Town of Bethel or mailed to the property owner at his or her last known address and posted on the premises in question, the owner or operator thereof shall legally dispose of all rubbish located on the real property in question, empty and clean all receptacles, where so indicated in the notice, and otherwise comply with the terms and conditions of said notice.
(3) 
If the owner or operator of any real property subject to the requirements of this article fails to comply with the requirements of Subsection B(1) or (2) of this § 279-5, the Town Code Enforcement Officer shall report same to the Town Board which may authorize entry onto said lands to cause any rubbish to be removed from the real property in question; to empty and clean any receptacle and have it returned to the real property in question or to its owner if the receptacle is rented, leased or hired; and to conduct any work or perform any act to cause compliance with the requirements of this article. Said work may be performed by Town employees or by a person or persons hired by the Town to conduct said work. The costs and expenses of said work, together with any administrative costs that may be imposed by the Town pursuant to Town Law § 138, shall be the sole responsibility of the owner of the real property in question.
(4) 
Except in cases of emergency, before authorizing entry on any lands in accordance with § 279-5B(3) the Town Board shall conduct a public hearing. Written notice of the hearing shall be served on the owner and permit holder by personal service or by certified mail return receipt requested at their last known addresses. Service of such notice shall be made not less than five days before the scheduled hearing. When service is made by certified mail return receipt requested, service shall be deemed complete upon delivery of the notice.
C. 
Total costs associated with Town removal of rubbish as provided above shall be billed to the real property owner at the last known address on the records of the Town Assessor together with a notice that, unless payment is received in full within 30 days after the date of such bill, the same shall be reported to the Town Board of the Town of Bethel for adding such charges, together with interest at the rate of 12% per annum, as an assessment to be levied against the premises upon which the work was performed. The Town Board shall also have the option to enforce payment in any other legal manner available to the Town.
D. 
Upon serving the notice, any unpaid charges shall constitute a lien upon the affected real property, as provided by § 64, Subdivision 5-a, of the New York State Town Law, the imposition of which shall not be a defense for any other action with which the Town may wish to proceed to collect monies owed it or which the Town may seek enforcement in accordance with § 279-6 hereof.
[Amended 11-9-2006 by L.L. No. 5-2006; 7-8-2015 by L.L. No. 1-2015]
A. 
Compliance orders. The Town Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of this article. Upon finding that any such condition or activity exists, the Town Code Enforcement Officer may issue a compliance order. The compliance order shall be in writing; be dated and signed by the Town Code Enforcement Officer; specify the condition or activity that violates this article; specify the provision or provisions of this article which is/are violated by the specified condition or activity; specify the period of time which the Town Code Enforcement Officer deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Town Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected real property personally or by certified and regular mail. The Town Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, operator, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in activities being performed at the affected real property personally or by certified and regular mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
B. 
Appearance tickets. The Town Code Enforcement Officer and any assistant thereto are authorized to issue appearance tickets for any violation of this article.
C. 
Criminal penalties. Any person who uses any real property or allows its real property to be used in violation of any provision of this article shall, for a first offense, be guilty of a violation and shall be subject to imprisonment for not more than 30 days or to a fine of not more than $500, and for a second offense committed within five years of the first offense be guilty of a misdemeanor and shall be subject to imprisonment for not more than one year or to a fine of not less than $250 and not more than $1,000. When a violation of any of the provisions of this article is continuous, each day or portion thereof shall constitute a separate and distinct violation.
D. 
Civil penalties. In addition to those criminal penalties prescribed herein, any person who violates any provision of this article, or any term or condition of any permit, compliance order or other notice or order issued by the Town Code Enforcement Officer pursuant to any provision of this article, shall be liable to a civil penalty of not less than $100 nor more than $5,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town.
E. 
Injunctive relief. An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this article, or any term or condition of any permit, compliance order, or other notice or order issued by the Town Code Enforcement Officer pursuant to any provision of this article. In particular, but not by way of limitation, where the violation is of any provision of this article, or any compliance order or other order obtained under this article, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the abatement of the condition which is in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.
F. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive penalty or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this article or in any other applicable law, including but not limited to the rights of the Town set forth under § 279-5 of this article. Any remedy or penalty specified in this section may be pursued at any time and in any order, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this article or in any other applicable law.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Town Board of the Town of Bethel finds that a reduction of solid waste through separation and removal of recyclable materials from the waste stream is of importance to the health, safety and general welfare of the residents of the Town of Bethel and is consistent with the goals of the New York State Solid Waste Management Plan to reduce the amount of solid waste generated, reuse or recycle materials and conserve our natural resources.
B. 
Waste reduction and recycling are preferable to the disposal and processing of solid waste. Removing recyclable materials from the waste stream will decrease the flow of solid waste to the overburdened Sullivan County landfill, aid in the conservation and recovery of valuable resources and conserve energy in the manufacturing process. Conversely, improper solid waste management practices create public health hazards, environmental pollution and economic loss.
C. 
It is the intent of this article to promote the disposal of solid waste generated within the Town of Bethel in the most environmentally acceptable manner possible by requiring the recovery of all recyclable materials which can be marketed or used for secondary purposes.
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL SECTOR
Businesses, including without limitation retail stores, banks and financial institutions, business and professional offices, personal service establishments, hotels, motels and other tourist accommodations, tourist attractions, mortuaries and funeral homes, restaurants, pet shops, veterinary establishments, medical offices, automobile sales establishments, gasoline stations, car washes and agricultural endeavors and any other business endeavors not specifically stated herein.
DIRECTOR
The person appointed by the Town Board to administer and supervise the Town's recycling and solid waste management program.
DROP-OFF AREA
Any area designated from time to time by the Director where persons can bring recyclables for aggregation and further transport to a solid waste management facility.
HOUSEHOLD COLLECTION
The practice whereby solid waste, including separated recyclables, generated by the residential sector is placed at or near the roadside or other appropriate location at residential property, to be picked up by a commercial hauler for transportation to a solid waste management facility.
INDUSTRIAL SECTOR
Establishments primarily concerned with manufacturing or other substantial physical or chemical materials processing operations, including without limitation manufacturing establishments, warehouses, wholesale distributors, freight and trucking terminals and heavy machinery sales, service and repairs.
INSTITUTIONAL SECTOR
Public, charitable and similar establishments, including schools, churches, hospitals, psychiatric centers, government offices and garages and nursing homes.
RECYCLABLES
The following materials: newsprint; clear, green and brown glass containers; tin cans; aluminum; copper; brass; stainless steel; corrugated cardboard; high-density polyethylene (HDPE) plastic containers; motor vehicle batteries; motor vehicle tires; and scrap metal, including miscellaneous iron, steel and white metals (appliances). The definition of "recyclables" may be amended from time to time by resolution of the Town Board.
RESIDENTIAL SECTOR
Single- and multiple-family residences, boardinghouses, dormitories, mobile home parks, seasonal residences and camps.
A. 
It shall be a violation of this article for any person to dispose of recyclables otherwise than as provided by this article.
B. 
All persons shall separate recyclables from other solid waste when preparing them for transportation, collection, pickup or removal by placing recyclables in one or more separate containers in accordance with rules adopted by the Town Board. It shall be a violation of this article for any person to place for collection or deliver to a drop-off area or a solid waste management facility a container which contains recyclables mixed with other solid waste.
C. 
Preparation.
(1) 
Recyclables subject to household collection or delivered to a permitted solid waste management facility located in the Town of Bethel or to any drop-off area as designated by the Director shall be prepared as follows:
(a) 
All recyclables must be cleaned;
(b) 
All cardboard must be flattened;
(c) 
All glossy inserts and wet or damp materials must be removed from newsprint;
(d) 
All metal containers must be rinsed;
(e) 
All caps, lids and metal or plastic neck bands must be removed from plastic and glass containers; and
(f) 
All recyclables must be sorted and placed in designated or properly labeled containers.
(2) 
These rules may be amended from time to time by resolution of the Town Board.
(3) 
A current version of these rules shall be posted at the office of the Town Clerk and at each drop-off area or a solid waste management facility located in the Town of Bethel.
D. 
The Director may from time to time determine that certain materials contained in solid waste generated or brought within the Town are recyclables or that certain materials included or hereafter included in this article's definition of recyclables are no longer recyclable. Upon any such determination, the Director shall submit a written report to the Town Board recommending that such materials be added to, or deleted from, the definition of recyclables and providing the reasons and data supporting such inclusion or deletion.
E. 
In making recommendations pursuant to this section, the Director may recommend that a material be recyclable only for the residential sector, commercial sector, industrial sector or institutional sector, or any combination thereof.
Persons in the residential sector shall dispose of recyclables by delivering recyclables, properly separated and prepared, to a permitted solid waste management facility located in the Town of Bethel or to any drop-off area as designated by the Director, or by arranging for pickup of separated recyclables by a commercial hauler.
A. 
Persons in the commercial, industrial and institutional sectors shall dispose of recyclables by delivering recyclables, properly separated and prepared, to the Town of Bethel solid waste management facility or by arranging for pickup of separated recyclables by a commercial hauler.
B. 
Although all persons from the commercial, industrial or institutional sectors must separate recyclables from other solid waste in accordance with the general provisions of this article, they need not deliver or make arrangements with a commercial hauler to deliver such recyclables to the Town of Bethel solid waste management facility in the following circumstances:
(1) 
They have access to markets for recyclables and actually deliver or cause to be delivered recyclables to such markets on a regular basis;
(2) 
They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the provisions of Subsection A above and which shall include copies of all pertinent documentation of access and actual delivery, such as contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption; and
(3) 
They obtain written approval of the exemption from the Director, which approval shall not be unreasonably withheld or delayed.
A. 
Commercial haulers engaged in collecting recyclables generated within the Town by the residential, commercial, industrial or institutional sectors or which dispose of wastes in any solid waste management facility located in the Town shall keep recyclables separated from other solid wastes, shall handle recyclables in such a manner that they are not contaminated or destroyed and shall deliver recyclables only to a solid waste management facility duly permitted under state law.
B. 
Commercial haulers need not deliver collected recyclables from the commercial, industrial or institutional sectors to a permitted solid waste management facility in the following circumstances:
(1) 
They have access to markets for recyclables and actually deliver or cause to be delivered recyclables to such markets on a regular basis;
(2) 
They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the provisions of Subsection A above and which shall include copies of all pertinent documentation of access and actual delivery with contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption; and
(3) 
They obtain written approval of the exemption from the Director, which approval shall not be unreasonably withheld or delayed.
C. 
It shall be a violation of this article for any commercial hauler to collect, handle or dispose of recyclables otherwise than as provided by this section.
It shall be a violation of this article for any person without authority of the Town to collect, pick up, remove or cause to be collected, picked up or removed any recyclables placed for collection at a drop-off area or the Town solid waste management facility. Each such unauthorized collection, pickup or removal from a drop-off area shall constitute a separate and distinct violation of this article.
The Town Board shall have the power by resolution to adopt and promulgate, amend and repeal such rules and regulations that in its discretion are necessary or desirable to carry out, interpret and enforce the intent and purposes of this article. Notwithstanding this power, any failure to adopt and promulgate such rules and regulations shall not impair the enforceability of this article.
A. 
For the purpose of determining if any person has failed to comply with the provisions of any section of this article, the Director, any code enforcement officer, any constable, any landfill operator and any other person designated by the Town Board shall be authorized to inspect:
(1) 
Solid waste left for collection;
(2) 
Loads of solid waste being transported within the Town of Bethel; and
(3) 
Solid waste being disposed of at any location in the Town, including any duly designated drop-off area or solid waste management facility located in the Town.
B. 
The Director, any code enforcement officer, any constable, any landfill operator and any other person designated by the Town Board shall be authorized to turn away and deny access to any person delivering a mixed load of solid waste which includes or contains recyclable materials to a duly designated solid waste facility in the Town.
A. 
Each commission of a single act of violation shall constitute a separate violation of this article, and each day of such violation shall constitute a separate offense, which may be punished and prosecuted as such.
B. 
Persons who violate this article shall be guilty of a violation and subject to punishment by a fine of not less than $50 nor more than $500 or by imprisonment of not more than 15 days or by such fine or imprisonment or other penalties as may be available under the Town Law or the Penal Law. Each separate violation shall constitute a separate additional offense.
C. 
In addition to the foregoing, any person found in violation of the requirements of this article shall be responsible for payment of any fines incurred by the Town of Bethel and imposed by the County of Sullivan, which fines are attributable to the conduct of said person found in violation.