[HISTORY: Adopted by the Town Board of the Town of Bath 2-13-1961. Section 70-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Streets and sidewalks — See Ch. 103.
This chapter shall be known and may be cited as the "Dump and Disposal Ordinance for the Town of Bath, Steuben County, New York."
Whenever used in this chapter, unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated:
- DUMPING GROUND
- Any premises heretofore or hereafter acquired by the Town of Bath by lease, purchase or otherwise for the purpose of carrying out thereon a landfill or other method for the disposal of garbage or rubbish.
- All putrescible or decaying wastes; every waste accumulation of vegetable, fruit, animal or similar organic matter that attends the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruit or vegetable; and also includes tin cans that have contained food material, but does not include sewage, body wastes or carcasses of dead animals.
- An individual, society, club, firm, partnership, corporation, group or association of persons, and the singular number includes the plural number.
- Waste material, tin cans, ashes, cinders, paper and other
discarded substances, whether liquid or solid and/or combustible in
nature.[Amended 6-14-1993 by L.L. No. 2-1993]
Any resident of the Town of Bath may deposit or cause to be deposited on the dumping grounds his garbage or rubbish refuse pursuant to the provisions of this chapter.
Any authorized commercial garbage collector collecting garbage or rubbish in the Town of Bath, including any villages or hamlets located therein, is hereby authorized to use said dumping ground pursuant to the provisions of this chapter.
No person shall carry or leave or cause to be carried or left upon the dumping ground any automobile, vehicle, machine, refrigerator, stove, television, washing machine or other similar article or any part thereof, except under a written arrangement with the caretaker thereof.
No person who is not a resident of or conducting an established business in the Town of Bath shall deposit or leave his garbage or rubbish of any kind on the dumping grounds.
The dumping of potatoes and dead animals is hereby forbidden. Any and all other forms of garbage and rubbish may be dumped, except that the Town Board of the Town of Bath may, in its discretion and by resolution, restrict various kind or kinds of garbage or rubbish as it shall determine from time to time according to the condition of such dump or upon the recommendation of the Town Health Officer.
No person shall deposit or leave or cause to be deposited or left any garbage, rubbish or other articles of any kind on the dumping grounds, except during the hours specified for such purpose and at the places and in the manner directed by the caretaker of the dumping grounds, whether such direction is given personally or by another person by his authority or by a sign or signs erected upon the premises.
All trucks, trailers, automobiles or other vehicles used by persons or by authorized commercial garbage collectors for the collection and transportation of garbage or rubbish shall be covered to prevent the spilling or scattering or blowing of the garbage or rubbish from said truck, trailer or vehicle along the road and adjacent lands.
Combustible material shall be separated from garbage, rubbish and noncombustible material and deposited in the places designated as aforesaid by the caretaker of the dumping grounds.
No person shall throw or deposit or cause or permit to be thrown or deposited any garbage, rubbish or abandoned vehicle or parts thereof in, upon or within the limits of any public highway, street or place within the Town of Bath.
No explosives or articles of an explosive nature or content shall be deposited or left at the dumping grounds.
No person shall suffer or permit garbage, rubbish or abandoned vehicles or parts thereof to collect and remain for a period in excess of 14 days upon any premises owned or occupied by said person, except where such collection is in such receptacle as to prevent its being visible from any public highway or neighboring residence and except where such collection does not create a public health hazard.
[Amended 6-14-1993 by L.L. No. 2-1993]
No person shall deposit any garbage or rubbish upon any premises in the Town of Bath except as herein provided.
Nothing herein shall prevent an owner from disposing of paper, ashes, rubbish, garbage or dead animals upon his land, provided that dead animals are buried under not less than six inches of soil material, and provided that the disposal of other rubbish and garbage is done in a recognized sanitary method approved by the Town Health Officer.
No person shall burn, bury or otherwise dispose of such papers, ashes, rubbish, garbage or dead animals upon or along any highway nor upon the lands of another without the consent of such landowners.
No person shall allow any portion of his land to be used as a dumping ground without first procuring permission of the Town Board and under such regulations as may be prescribed.
[Amended 12-8-1986 by L.L. No. 2-1987]
Any person violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine not exceeding $250 for each offense or by imprisonment in the county jail for a term not exceeding 15 days, or by both said fine and imprisonment, and, upon failure to pay such fine, to imprisonment in the county jail until such fine can be paid, not to exceed one day for each dollar of fine imposed and, in addition, may be subject to civil action brought in the name of the town under § 135 of the Town Law. In such civil action, the town may recover a penalty of $250 for each violation.
Any person who or whose servant, agent, employees or officers shall be convicted of violation hereof may hereafter be denied the use of such dumping ground, either temporarily or permanently, by the officer or employee in charge thereof or by resolution of the Town Board.
If any portion of this chapter shall be declared void or adjudged invalid by any court of competent jurisdiction, it shall not affect the validity of the remaining portion. If any act of the legislature or any rule of a state department having the effect of law shall amend or supersede any portion, this chapter shall be deemed so amended or superseded without the necessity of the Town Board to adopt another ordinance so amended or superseding.
[Added 6-14-1993 by L.L. No. 2-1993]
If a violation of any provision of this chapter is found to exist, in addition to the penalties that may be levied under § 70-6, the town or its authorized agent may enter the premises to correct such violation.
Where the town or its authorized agent corrects a violation of this chapter, the owner of the property shall be liable for all costs of such corrective measures, and said costs shall be a lien on the premises.
The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Added 6-14-1993 by L.L. No. 2-1993]
This chapter shall become effective immediately upon filing with the Secretary of State.