[HISTORY: Adopted Orangetown Town Board 10-11-1960. Amendments
noted where applicable.]
This ordinance shall be known as the "Dumping and Trespass Ordinance
of the Town of Orangetown."
No person shall trespass upon any public or private property
within the limits of the Town of Orangetown outside of the limits
of any incorporated city or village.
No persons shall use any of the lands within the Town of Orangetown
as a dump or dumping grounds, nor shall any person throw, dump or
deposit or place upon such lands, or cause to be thrown, dumped or
deposited on such land, any waste material or waste substances, such
as bottles, cans, garbage, refuse, trash, rubbish, litter or any nauseous
or offensive matter, or any other form of refuse, trash or rubbish
except on a public dump maintained by the Town of Orangetown or on
a private dump for which a permit has been lawfully issued by the
appropriate department of the Town of Orangetown having jurisdiction
therein.
[Added 6-8-1987 by L.L. No. 6, 1987]
A.
In an effort to facilitate the disposal of nonhousehold
debris and maintain the Town of Orangetown in a litter-free condition,
the Town has placed dumpsters and trash receptacles at the disposal
of residents.
B.
No person shall use any of the Town dumpsters and/or trash
receptacles to throw, dump or deposit or place within, or cause to
be thrown, dumped or deposited or placed within, any waste material
or waste substances, such as household garbage, refuse, contractor's
construction debris, land-clearing materials, toxic materials or pressurized
containers.
A.
Punishment. Any person who commits or permits any violation
of the provisions of this ordinance shall be guilty of a violation
of this ordinance and upon conviction shall be subject to a fine of
not more than $1,000 or imprisonment not exceeding 15 days, or both
such fine and imprisonment.
[Amended 7-13-1970 by L.L. No. 8, 1970; 2-28-1972 by L.L. No.
4, 1972; 5-14-1990 by L.L. No. 6, 1990; 10-16-1995 by L.L. No. 17, 1995]
B.
In addition to the above provided penalties and punishment,
the Town Board may also maintain an action in the name of the Town
in any court of competent jurisdiction to compel compliance with or
to restrain by injunction the violation of this ordinance.
[Added 10-24-1988 by L.L. No. 9, 1988]
In addition to enforcement of this ordinance by the Orangetown
Police Department, the Superintendent of Highways of the Town of Orangetown
and/or the Deputy Superintendent of Highways for the Town of Orangetown
and/or Highway Maintenance Supervisors of the Town of Orangetown shall
be authorized to enforce this ordinance and authorized to issue appearance
tickets as the same are defined in Article 150 of the Criminal Procedure
Law of the State of New York. Such appearance tickets are returnable
in the Orangetown Justice Court, pursuant to rules thereof.
If any clause, sentence, paragraph, section or part of this
ordinance shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
All portions of all ordinances of the Town of Orangetown inconsistent
herewith are hereby repealed.
This ordinance shall take effect immediately upon publication
and posting as required by law.
