[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.]
GENERAL REFERENCES
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:
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]
A.
Authorized users.
(1)
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.
(2)
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.
B.
Restrictions.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
A.
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.
B.
No explosives or articles of an explosive nature or content shall
be deposited or left at the dumping grounds.
C.
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]
D.
No person shall deposit any garbage or rubbish upon any premises
in the Town of Bath except as herein provided.
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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.
