[HISTORY: Adopted by the Town Board of the Town of Kingston as indicated in article histories. Amendments noted where applicable.]
Junk dealers — See Ch. 217.
[Adopted 10-21-1981 by L.L. No. 1-1981; amended in its entirety 8-2-2004 by L.L. No. 1-2004]
By adoption of this article, the Town Board of the Town of Kingston declares its intent to be to regulate in a manner consistent with the interest of the citizens of the Town of Kingston, the collection of garbage, rubbish, refuse and similar waste material on lands within the Town.
For the purpose of this article, the following terms shall have the following meanings ascribed to them, unless further meanings are given to them by context:
- Includes waste food, papers, dead animals or parts thereof, ashes, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth, and all waste or discarded wood, lumber, or vegetable matter of any kind, or any other matter, which shall be inflammable or capable of fermentation or decay.
- An individual, society, club, firm, partnership, corporation, association of persons, and the singular number shall include the plural number.
- Solid waste that exhibits potential to be used repeatedly in place of virgin material. This includes, but is not limited to, noncontaminated glass jars and bottles, plastic jars and bottles, metal cans, cardboard, newspapers and magazines.
- RESIDENTIAL WASTE
- Mixed refuse originating in and around single or multiple dwellings of three or less families.
- Includes waste material, tin cans, ashes, cinders, glass, pottery, and all discarded substances of a solid and incombustible nature.
There shall be refuse and garbage collection scheduled once weekly for residential properties subject to the provisions and conditions as herein set forth.
Collections shall be limited as follows:
One-family residences: no more than four receptacles having a volume not to exceed 32 gallons each (128 gallons combined volume) or eight bags having a combined volume not to exceed 128 gallons.
Two-family residences: no more than eight receptacles having a volume not to exceed 32 gallons each (256 gallons combined volume) or 16 bags having a combined volume not to exceed 256 gallons.
Three-family residences: no more than 12 receptacles having a volume not to exceed 32 gallons each (384 gallons combined volume) or 24 bags having a combined volume not to exceed 384 gallons.
No person shall collect or deposit any garbage, rubbish or recyclables of any kind, which originates outside the bounds of the Town of Kingston, Ulster County, New York. The owner and any occupant and/or tenant of the premises to which the trash pickup and recycling service are provided will be jointly and severally liable for any violation and penalties of these provisions.
All persons shall be responsible for compliance with the provisions of this article.
Unless otherwise provided for, any person who violates any provisions of this article, including any rule or regulation, shall be found guilty of an offense punishable by a fine of $100 and, in addition thereto, shall be liable to pay a civil penalty of $100; for a second violation within one year of the first violation, shall be guilty of an offense punishable by a fine of $250 or by imprisonment for up to 15 days, or both, and, in addition thereto, shall be liable to pay a civil penalty of not less than $250; for a third and subsequent violation, any person shall be guilty of a misdemeanor, punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment of not more than 30 days, or both, and in addition thereto, shall be liable to pay a civil penalty of $1,000. Each violation shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation.
Any penalties levied and/or damages recovered under this article shall be in addition to any other remedies available under federal, state or local law and may include a provision to the effect that the violator pay the actual cost to rectify the problem created by the aforesaid violation of improper disposal of inappropriate wastes.
Enforcement shall be done by the Town of Kingston Code Enforcement Officer or any other person delegated by the Town Board to so act.
[Adopted 6-22-1989 by L.L. No. 1-1989]
No person, firm or private or municipal corporation shall place, store, deposit or dump or cause to be placed, stored, deposited or dumped for the purpose of abandonment any old junk, metal, stones, plaster, lumber, construction and demolition debris, metal tanks, automobiles, automobile parts (except legal and presently existing auto salvage yards), barrels, metal cans, or other metal containers, or medical waste materials, soil waste of any nature on any public or privately owned lot, tract of land, street, lane, alley, road, park, or reserve, within the corporate limits of the Town of Kingston, on any property, public or private.
This article shall not supersede:
No material of any nature which could be, or is considered to be hazardous, infectious, toxic, radioactive, harmful or a pollutant may be deposited in any dumping area except as specifically permitted above and as specifically permitted by applicable environmental regulatory and enforcement agencies such as the United States Environmental Protection Agency, New York State Department of Environmental Conservation, Ulster County Health Department, etc. No material whatsoever may be deposited which is considered in any way to be detrimental to the health and welfare of the community.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
- CONSTRUCTION AND DEMOLITION DEBRIS
- Wastes resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete, and other masonry materials, soil, rock and lumber, road spoils, paving material and tree and brush stumps.
- HAZARDOUS WASTE
- Shall have the same meaning as defined in § 1389-a of the Public Health Law of the State of New York.
- REGULATED MEDICAL WASTE
- Shall have the same meaning as defined in § 1389-aa of the Public Health Law of the State of New York.
Word usage. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular; words used in the singular number include the plural; and words used in the masculine include the feminine and the neuter. The word "shall" is always mandatory and not merely directory. The word "person" shall include any firm, partnership, association, corporation, company or organization of any kind.
In the event that an offender be a firm or corporation, the Town of Kingston shall determine the identity of the individual, officer or personnel responsible for the commission of such offense and those individuals shall be held personally liable and punishable for the offense in addition to the firm or corporation.
Any person, firm or corporation who violates the foregoing provision of this article shall be guilty of a violation, punishable by a fine not to exceed $5,000 or by imprisonment not to exceed 15 days, or by both such fine and imprisonment for each offense.
Each day of violation of this article shall constitute a separate offense.
In addition to the above penalties and punishment for a violation of the provisions of this article, the Town Board may also maintain an action or proceeding in the name of the Town of Kingston, in a court of competent jurisdiction, to compel compliance with, or to restrain by injunction, such violation.
In addition to the above penalties, the responsible person, firm or corporation shall immediately remove and properly and legally dispose of all materials illegally deposited and immediately take all measures necessary to properly and legally restore all disturbed land and surfaces to the condition preexisting the illegal dumping actions.
Should the responsible person, firm or corporation fail to immediately remove the materials illegally deposited on the property, the Town of Kingston is hereby authorized to go upon the property and remove the illegal material and restore the premises to its prior condition insomuch as same is possible, charging an amount equal to 150% of the Town's actual cost, including reasonable attorney's fees, caused by noncompliance with the provisions of this article in addition to the above provided fines and penalties.
Any expense incurred by the Town as described above shall be a lien on the property until payment is received.