[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.
