[HISTORY: Adopted by the Town Board of the Town of Manlius: Art.
I, 3-13-1991 as Ch. 20 of the 1991 Code. Amendments noted
where applicable.]
[Adopted 3-13-1991 as Ch. 20 of the 1991 Code]
This Article provides for the regulation and the disposal of the contents
of privies, cesspools, septic tanks or chemical toilet and also provides for
the licensing of persons engaged in the business of removing, collecting,
transporting or disposing of such matter in order to promote the health, safety,
morals and general welfare of the inhabitants of this town.
As used in this Article, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Any sewage, fecal matter, urine or any putrescible or game matter
or the contents of privies, cesspools, septic tanks or chemical toilets, either
in liquid or solid state, or any other substance or liquid dangerous or prejudicial
to health.
Any person who engages in the business of removing, collecting, transporting
or disposing of offensive material.
A.
No person, whether owner, tenant or occupant, shall deposit,
store, hold or permit to be deposited, stored or held any offensive material
on any premises or in any building or structure unless such material is so
treated, screened, covered or placed so as not to create a nuisance dangerous
to health.
B.
No person shall discharge or place any offensive material
in any of the waters of the town unless a permit therefor has been issued
by the New York State Department of Public Health.
C.
No person shall discharge or deposit offensive material
within two hundred fifty (250) feet of any stream, watercourse or body of
water or in any place or in any manner which will permit such material to
drain or become washed into any body of water, stream, watercourse or private
or public water supply.
No person shall remove or transport or permit the removal or transportation
of any offensive material except in such manner and in or by such a conveyance
as will prevent the creation of a nuisance or the loss or discharge of such
material. All such material shall be so handled, covered or treated that it
cannot escape or be accessible to rodents, flies or other insects or create
a nuisance. All vehicles and implements used in connection therewith shall
be kept in an inoffensive and sanitary condition and when not in use shall
be so stored or kept so as not to create a nuisance.
No person shall be or engage in the business of septic tank service
operator without first having obtained a license therefor from the Town Clerk.
Upon application for a license, the applicant shall file a statement,
in writing, setting forth:
A.
His name.
B.
The place of residence.
C.
The place of business.
D.
The place or places where such material will be disposed
of.
E.
The method of disposal to be employed and that such place
or places of disposal are either a sewage treatment plant approved by the
New York State Health Department or that such other place and method of disposal
has been approved by the Town Board of Health and the New York State Health
Department.
F.
The means by which the material will be removed or transported.
G.
The number and type of vehicles to be used.
Upon receipt of an application and required statements, approvals and
license fee, the Town Clerk shall issue a license which shall be for a period
of one (1) year and shall expire on the date stated thereon.
The annual license fee shall be the sum of five dollars ($5.).
Licenses issued hereunder shall be issued upon and subject to the following
conditions and regulations:
A.
The licensee shall not change the place or means of disposal
of the offensive matter without the prior written approval of the Town Health
Officer.
B.
Every vehicle and all auxiliary equipment used for the
transportation or handling of the contents of any septic tank, cesspool, chemical
toilet sewage seepage pit or privy shall be liquidtight, gastight and sound
so that no foul material may spill or escape therefrom.
C.
No vehicle or auxiliary equipment used for carrying,
transporting or handling the contents of septic tanks, cesspools, chemical
toilets, sewage seepage pits or privies shall be allowed to stand or remain
near any occupied premises without necessity therefor, nor shall the loading
and unloading of such vehicles and the transportation thereof through any
street, place or premises consume an unreasonable period of time.
D.
Vehicles and equipment shall be kept in a clean condition
and shall not be opened longer than is necessary when in use.
E.
The Town Board may revoke such license for any violation
of this Article or of any regulation or provision hereof or any condition
of such license.
Any violation of this Article or of any regulation or provision hereof
shall constitute an offense against this Article and shall for a first conviction
thereof be punishable by a fine not to exceed twenty-five dollars ($25.) or
by imprisonment for not more than fifteen (15) days, or both such fine and
imprisonment, and for a second conviction within eighteen (18) months thereafter
by a fine of not more than fifty dollars ($50.) or imprisonment for not more
than thirty (30) days, or both such fine and imprisonment.
