[Adopted 3-8-1989 by L.L. No. 2-1989]
By the adoption of this article, the Town Board of the Town of Saratoga declares its intent to regulate, control and prohibit the dumping, storing or placing of certain kinds of solid or liquid waste material originating from inside or outside the boundaries of the Town of Saratoga, or creating a dump or dumping ground of such materials within the Town. This article is enacted by the Town of Saratoga in the exercise of its police power and pursuant to § 130, Subdivisions (6), (8) and (15) of the Town Law of the State of New York.
As used in this article, the following terms shall have the meanings indicated:
DUMP or DUMPING GROUNDS
Includes any place used for the disposal and leaving of solid or liquid waste material by the public or any person, or any place where such waste material has been deposited by any person.
[Amended 5-8-2006 by L.L. No. 4-2006]
PERSON
Includes any individual firm, partnership, corporation, municipality or association of persons.
SOLID OR LIQUID WASTE MATERIAL
Includes all putrescible and nonputrescible solid and liquid wastes, including, but not limited to, garbage, rubbish, ashes, incinerator residue, septage, sludges, street cleanings, construction and demolition debris, abandoned vehicles or parts thereof, offal, commercial and industrial wastes, and any hazardous or toxic wastes.
The creation and/or operation of any sanitary landfills, dumps, or dumping grounds within the Town of Saratoga for solid or liquid waste materials coming from inside or outside the boundaries of the Town of Saratoga is hereby prohibited.
This article will not apply to any existing sanitary landfill, dump or dumping ground previously established, and specifically authorized by the Town of Saratoga prior to the enactment of this article.
A. 
Any person violating any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine not exceeding $1,000 for each offense or by imprisonment in the Saratoga County Jail for not more than six months, or by both such fine and imprisonment. When a violation of this article is continuous, each 24 hours thereof shall constitute a separate and distinct offense. The Town of Saratoga Town Board shall also have the power to bring a civil action to restrain by injunction any violation of this article in a court of competent jurisdiction.
[Amended 5-8-2006 by L.L. No. 4-2006]
B. 
Should the Town of Saratoga Town Board deem it necessary for the protection of the health and well being of the residents of the Town of Saratoga, the Town Board, or its duly authorized representatives, may enter upon the premises of any person or legal entity in violation of this article for purposes of monitoring, cleanup, and controlling in any way it deems necessary the waste material located on said premises. The expenses and costs associated with said monitoring, cleanup and/or control shall be assessed against the offending person or entity who owns or controls said premises and/or shall be assessed against the real property and shall constitute a lien and charge against said real property until fully and completely discharged.