Town of North East, 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.
[HISTORY: Adopted by the Town Board of the Town of North East 9-5-1968 (Ch. 60 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Junk cars — See Ch. 110.
As used in this chapter, the following terms shall have the meanings indicated:
GARBAGE
Includes waste food, papers, dead fish or animals or parts thereof, waste fruit or vegetable matter or organic waste of any kind, discarded building material or any other matter of inflammable composition or capable of fermentation or decay.
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons; and the singular number shall include the plural number.
RUBBISH
Includes waste metal, tin cans, ashes, cinders, glass of all kinds, pottery and any and all kinds and types of discarded substances of a solid nature and of an incombustible composition.[1]
[1]
Editor's Note: Former § 60-2 of the 1979 Code, Disposal site; regulations, and § 60-3, Restrictions on use of site, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person shall commercially collect garbage and rubbish from residents of the Town of North East unless he shall first apply for and have permission granted by the Town Board, permitting such person to conduct such business within the Town. Such application shall be made annually and may be revoked by the Board at any time after a hearing.
B. 
Such application shall be accompanied by a licensing fee of $150.
[Amended 1-9-1975]
C. 
In the absence of an earlier revocation of license, each granting of such collector's license shall terminate on December 31 of each year.
A. 
No person shall throw, place or deposit garbage or rubbish within the lines of any street, road or highway or other public place, playground, park or municipal property within the Town of North East.[1]
[1]
Editor's Note: Former § 60-5A of the 1979 Code, regarding burying garbage, which immediately proceeded this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No person shall operate or maintain, or allow or consent to be maintained, upon any land owned, rented, leased or otherwise controlled by him within the Town of North East, any dumping ground wherein commercially collected garbage or rubbish is dumped or deposited, as herein defined, except that the Town of North East, as a municipal corporation, may and shall maintain, operate and regulate such dump or dumps, dumping grounds and/or sanitary fill sites as it shall from time to time designate as a public dump for residents of the Town.
C. 
Aforesaid Subsection B shall not be deemed to prevent the Town Board from granting permission for the maintenance of such other dumps or dumping grounds by private persons for the deposit of rubbish and garbage as it may determine and under such condition as it, in its sole discretion, may require. Further, any such authorization may be revoked by the Board at any time for any reason whatsoever.
D. 
No person shall at any time burn any rubbish or garbage, including leaves or grass, on any road or street in the Town of North East which has been paved or surfaced with a bituminous material.
E. 
All vehicles used for the commercial collection or disposal of garbage and refuse shall have enclosed bodies or suitable provision for covering of the body to prevent littering.
F. 
No person or commercial collector shall deposit garbage or refuse at the waste disposal area without first bundling same in a manner which will prohibit the wind from moving or displacing said garbage and refuse. This subsection shall not apply to objects not capable of being moved by high winds or displaced by same.
[Added 1-9-1975]
[Amended 1-9-1975; 8-14-1980 by L.L. No. 1-1980]
A. 
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
In addition, or as an alternative to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
Any person who, or whose agents, servants, officers or employees, shall be convicted of one or more violations hereof may thereafter be denied use of any such Town dumping ground and may have his license to collect garbage and rubbish revoked or may have his license to maintain a private dump revoked.