[HISTORY: Adopted by the Town Board of the
Town of Rochester 2-27-1992 by L.L. No. 2-1992. Amendments noted where
applicable.]
A.
The Town Board of the Town of Rochester declares its
intent to regulate in a manner consistent with the interest of its
citizens the dumping of garbage, rubbish, refuse and similar waste
material on lands within the town and to provide for the disposal
thereof in the established solid waste transfer station. Garbage is
a deleterious substance, and garbage dumps emit noxious odors and
fumes. Unattended, private garbage dumps emit noxious odors and fumes.
Unattended, private garbage dumps and disposal areas attract rodents
and vermin and become breeding places for them. The process of burning
garbage causes smoke and oxidized garbage to be given off into the
air which the community breathes. All of these conditions adversely
affect the welfare of the town citizenry and the development of the
town unless they are properly and carefully regulated.
B.
Therefore, recognizing the above and the need of the
community for an adequate and well-regulated procedure for the disposal
of garbage, rubbish and waste and in the exercise of its police power
in these regards, be it enacted by the Town Board of the Town of Rochester
as follows:
This chapter shall apply to dumping upon all
lands, public or private, within this town, except upon such premises
as are or may be lawfully established as a solid waste transfer station
and thereon only in the manner herein provided.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, firm, corporation, partnership or other association
engaged in the business of collecting, disposing or transporting garbage,
refuse or waste material in any part of the Town of Rochester.
Any refuse from animal and vegetable matter, waste food or
parts thereof; refuse from the kitchen, market, store or house; floor
sweepings; table waste or animal or vegetable matter, meats, fish,
bones, fat and all offal and organic waste substance or substances
capable of decay, but shall not include waste from slaughterhouses,
rendering plants or sanitary disposal systems.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, unincorporated
associations, their agents or employees, societies, clubs and all
other entities of any kind capable of being sued.
Includes waste metal, metal cans, ashes, cinders, glass,
pottery, paper, cardboard, rags, bottles, rubbish, wood, lumber and
all other discardable substances, other than garbage.
A property owner or person having their domicile or residence
of a temporary or permanent nature within the Town of Rochester, Ulster
County, New York.
Includes but is not limited to waste produced by industrial
or manufacturing process, including food processing waste, boiling
house cinders, lumber scraps and shavings, slag, industrial sludge
or other chemical waste and by-products, tires, oils and large amounts
of wood, concrete, rocks, bricks and other wastes from building operations.
It shall be unlawful for any person to throw,
spill, place, deposit or leave or cause to be thrown, spilled, placed,
deposited or left or permit any agent, servant or employee to throw,
spill, place, deposit or leave in or upon any street, highway, alley,
sidewalk, park, public building, in any running water or body of water
within the Town of Rochester, any garbage, refuse, waste material
or any other dirt or filth, including but not limited to sewage, excrement,
slops, dead carcasses, compost, ashes, soot or any material subject
to being carried by the wind or unwholesome or putrescible matter
of any kind.
A.
The premises owned by the Town of Rochester situate
on Airport Road is hereby designated as the solid waste transfer station
of this town and as the depository of garbage, waste and refuse by
the residents, subject to the provisions of this law.[1]
B.
No Person shall deposit any hazardous waste as defined
in 6 NYCRR Part 371, et seq.
The use of private or public lands within the
Town of Rochester as a landfill dump, dumping ground, storage or disposal
facility for refuse, waste or garbage is hereby prohibited.
No person shall carry or leave or cause to be
carried or left upon the solid waste transfer site any automobile
or motor vehicle or any part thereof, unless the same shall have been
dismantled and the body thereof so compressed and flattened as to
permit the same to occupy a minimum of space.
A.
No person shall carry or leave or cause to be carried or left upon the premises mentioned in § 118-5A any dead animal or fowl.
B.
No person, other than with permission of municipal
or state agencies, shall carry or leave or cause to be carried or
left upon the solid waste transfer station site any animal, waste,
excrement, discharge, secretion or feces.
No person shall dump or cause to be dumped any
substance on the premises designated as the solid waste transfer station
except at regular hours established by the Town Board. The hours shall
be adopted by resolution of the Board and posted on the bulletin board
in the Town Clerk's office.
All vehicles used in the transport of garbage,
refuse and waste material operated on any street or highway within
the town limits shall be equipped with a cover so as to prevent any
material from escaping from the vehicle. The failure of any commercial
hauler or private person to utilize covered vehicles for the transport
of garbage, refuse or waste material shall, in itself, constitute
a violation of this chapter.
No person shall ignite or cause to be ignited
any fires or burn any material of any kind on the solid waste transfer
station, except the authorized custodian.
A.
No person not in possession of a duly issued permit
or license shall be permitted to use the solid waste transfer station.
Any such permit or license shall not be sold, assigned, transferred
or otherwise disposed of in any manner.[1]
B.
The Town Clerk of the Town of Rochester is hereby
authorized to issue annual permits and identification stickers to
qualified applicants and to collect such fees as have been established
therefor by resolution of the Town Board. The Town Clerk shall also
have the authority to generally administer the procedures incident
to the issuance of permits and the collection of fees.
The Town Board shall from time to time by resolution
establish such fees for the issuance of permits and identification
stickers and devices and shall further establish tipping fees as it
shall deem appropriate.[1]
[1]
Editor's Note: The fee schedule is on file
in the town offices.
No private solid waste transfer station shall
be permitted.
It shall be unlawful to dispose of any garbage,
refuse or waste material anywhere in the Town of Rochester except
in a lawfully established solid waste transfer site operated by the
town or at such other solid waste transfer site approved by the town,
Ulster County Department of Health, Ulster County Resource Recovery
Agency and the New York State Department of Environmental Conservation.
A.
It shall be unlawful for any person as owner, lessee,
agent, tenant or otherwise to throw, cast, spill or otherwise deposit
or cause or permit to be thrown, cast, spilled or deposited any rubbish,
garbage, manure, offal or other decomposable organic or putrescible
matter which will or could create a public nuisance or act as a breeding
ground for or attraction to insects or vermin in or about any land
or lot, vacant or otherwise, within the limits of the town.
B.
It shall be unlawful for any person to store or maintain
upon any land or lot, vacant or otherwise, any object, discarded or
not in current use, capable of collecting water which might serve
as a breeding place for mosquitoes.
C.
It shall be unlawful for any person to deposit, place
or store in or about any premises or vacant lands any combustible
rubbish, refuse or waste material which might serve to increase the
fire hazard in the surrounding area.
D.
Nothing in this section shall be construed to prohibit
the temporary storage of garbage, refuse and waste material awaiting
removal, provided that such storage is accomplished by way of tightly
covered containers or cans wherever practicable. Nor shall this section
be construed as prohibiting the depositing of manure or fertilizers
upon any private property for the purpose of cultivating or improving
the same.[1]
A.
The solid waste transfer station shall be open to
all permitted users on such days and at such times as the Town Board
may from time to time establish.
C.
No person shall pick over or remove any object deposited
at the solid waste transfer station site, except as authorized by
the Town Board.
D.
No material shall be burned at the solid waste transfer
station unless a Department of Environmental Conservation restrictive
burning permit is obtained. Any person bringing hot ashes upon or
otherwise causing a fire to start at the solid waste transfer station
shall be subject to penalties imposed for violation of this chapter.
E.
No person shall deposit or cause to be deposited any
substance of any kind at the solid waste transfer station site herein
designated except at the places, time and in the manner directed by
the person in charge of the premises under authority of the Town Board,
whether such direction is given personally or by a sign or signs erected
upon the premises by his authority.
A.
Any person, as that term is defined in § 118-3, above, who commits or permits any act or acts in violation of any of the provisions of this chapter shall be guilty of a violation under the Penal Law and shall, upon conviction thereof, be liable to a penalty or fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment, for each and every offense. Each day the condition constituting such violation shall continue or be permitted to exist shall constitute a separate violation or offense.
B.
Conviction for any above-mentioned violation shall
constitute and effect an immediate suspension or forfeiture of the
license or permit, at the discretion of the court hearing said case.
C.
In addition, any person violating this chapter shall
be subject, in lieu of criminal action, to a civil penalty enforceable
and collectible by the town in the amount of $500 for each such offense.
Such penalty shall be collectible by and in the name of the town for
each day that such violation shall continue.
D.
In addition to the above-mentioned penalties, the
Town Board or any person aggrieved by the violation may also maintain
an action or proceeding in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of such
chapter.
