[Adopted 10-9-1969 as L.L. No. 3-1969]
By the enactment of this Article, the Town of Schodack declares its intent to be to regulate the use of public sanitary landfill sites operated by the Town of Schodack. The dumping of refuse, garbage and rubbish, unless under proper control, are likely to constitute a hazard to the health and safety of the residents of this town. It is the intent of this Article to regulate the use of public sanitary landfill sites operated by the Town of Schodack and to prohibit the dumping therein of refuse, garbage and rubbish which originated or was collected from outside the Town of Schodack.
Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:
- COMMERCIAL COLLECTOR
- A person engaged in the collection of refuse in return for the payment of a fee or other consideration.
- DISPOSE (and its derivatives)
- To dump, deposit, throw or throw away.
- Any individual, firm, company, association, partnership, society, corporation (municipal, public, stock or nonstock) or group.
- PUBLIC SANITARY LANDFILL SITE
- A disposal area operated by the Town of Schodack.
- Include any one or more of the following: garbage, trash, rubbish and similar used or waste material.
No person not a resident of or conducting an established business in the Town of Schodack shall dispose of any refuse upon any public sanitary landfill site operated by the Town of Schodack other than a commercial collector holding a valid permit as hereinafter required.
Any resident of the Town of Schodack or any person conducting an established business located within the Town of Schodack may apply to the Town Clerk for a permit to use the public sanitary landfill site operated by the town. Such permit shall be issued by the Town Clerk and shall be valid for the calendar year for which it is issued. Such permit, upon application, will be renewed by the Town Clerk upon expiration of the permit for the preceding calendar year. At the time of issuance of such permit or any renewal thereof, the Town Clerk will issue to the holder of such permit a suitable form of identification to enable the holder to gain admittance to the public sanitary landfill site. Any resident permit issued hereunder shall become invalid upon the termination of residency or upon the cessation of business in the Town of Schodack by the holder.
Such permit shall not be construed to permit the holder to use any public sanitary landfill site in any way contrary to the provisions of this Article or contrary to any lawful rules and regulations promulgated by the Town Board concerning the use of such public sanitary landfill site.
No person holding a permit issued pursuant to this section shall be allowed to dispose of any refuse upon any public sanitary landfill site operated by the Town of Schodack other than refuse originating in the household of such resident or originating upon the premises of such person conducting an established business located within the town.
[amended 2-8-1973 by L.L. No. 1-1973]
It shall be unlawful for any commercial collector, as defined herein, to dispose of refuse on any public sanitary landfill site operated by the Town of Schodack without first obtaining a permit therefor from the Town Clerk of the Town of Schodack. Such permit shall be issued by the Town Clerk upon receipt of a properly executed application form to be prescribed by the Town Clerk and upon payment of the required fee. Such permit shall be valid for the period for which it is issued.
The fee to be charged for such permit shall be determined by the Town Board by resolution. In addition, the Town Board shall have the authority and right to adopt rules and regulations governing the use of the sanitary landfill, including the establishment of a schedule of charges or fees to be imposed upon commercial collectors for the opportunity to dispose of refuse on any public sanitary landfill site operated by the Town of Schodack. Any violation of such rules and regulations shall constitute a violation of this Article.
All motor vehicles or trucks used in the business of commercial collection of refuse shall be inspected by the sanitary landfill site custodian or such other person as the Town Board shall designate and shall be constructed with a closed body so that refuse or other material collected shall be completely confined therein and shall not cause littering.
No commercial collector holding a permit issued pursuant to this section shall be allowed to dispose of any refuse upon any public sanitary landfill site operated by the Town of Schodack other than refuse originating in or collected within the Town of Schodack. The violation by any permittee of this provision shall subject such permittee to immediate revocation of such permit and other penalties and punishment as hereinafter provided.
Any person who violates any provision of this Article shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both. Each week that a violation continues shall be deemed a separate offense. The town may also maintain an action or proceeding, in a court of competent jurisdiction, to compel compliance or to restrain by injunction any violation of this Article, and these remedies shall be in addition to penalties otherwise prescribed by law.
Any person who commits or permits any acts in violation of the provisions of this Article shall be subject to revocation of his permit by the Town Board after a public hearing thereon, at which time the holder of such permit shall have an opportunity to be heard. If the Town Board shall determine that such person has violated the provisions of this Article, then it may revoke such permit.