Town of Amenia, NY
Dutchess County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amenia 11-28-1969 by L.L. No. 2-1969. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor storage — See Ch. 82.
Junk or abandoned vehicles — See Ch. 116.
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of Amenia and the safeguarding of their material rights against unwarrantable invasion and for the protection of public health, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the town and the general welfare of its citizens. It is further declared that the establishment or operation of private dumps, dumping grounds, refuse disposal areas, landfill sites or similar land uses is a hazard to such health, safety and welfare of the citizens of the town, necessitating the elimination thereof. At the same time, it is recognized that the maintenance of a public dump, dumping ground, refuse disposal area or landfill site owned and operated by the town is useful and necessary. It is hereby declared that the prohibition of private dumps, dumping grounds, refuse disposal areas or landfill sites or other similar uses of land for the deposit, burying or disposal, in any manner whatsoever, of offal, garbage, trash, refuse, rubbish and like wastes and that the maintenance of a public dump, dumping grounds, refuse disposal area or landfill site is necessary to provide a single confined area for disposal of waste which will facilitate the inspection of facilities for disposal of waste and facilitate the enforcement of sanitary regulations.
A. 
No lands other than lands of a public dump or dumping ground heretofore or hereafter established by this town shall be used as a dump, dumping ground, refuse disposal area or landfill site in said town.
B. 
The use of land as a private dump, dumping ground, refuse disposal area or landfill site is prohibited, and the use of said land for the deposit, burying or disposal in any manner whatsoever of all offal, garbage, trash, refuse, rubbish, debris and like waste is also hereby prohibited.
This chapter shall not prohibit the establishment by the Town Board of public dumps, dumping grounds, refuse disposal areas or landfill sites owned or leased and operated by the town from time to time.
Nothing herein contained shall be construed to prohibit the owner, occupant or user of real estate from depositing, burying or disposing on land so owned, occupied or used offal, garbage, trash, refuse, rubbish, debris and like waste which originated on said land or resulted from such occupation or use or to prohibit the owner or operator of a farm or farming operation from spreading animal offal upon the fields of said farm or farming operation as fertilizer, this chapter being intended solely to prohibit the use of any land within the geographical limits of the Town of Amenia as a refuse disposal or landfill area for the use, convenience or benefit of any person or persons other than the owner, occupant or user thereof unless owned and/or designated and operated by the Town of Amenia.
[Amended 8-4-1988 by L.L. No. 3-1988]
A. 
Any person violating the provisions of this chapter shall be liable for a civil penalty not to exceed $5,000, and each day of such violation shall constitute a separate violation.
B. 
The Town Board, in the name of the town, or any person aggrieved may maintain a legal or equitable action or proceeding in any court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this chapter.