[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:
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.
Includes an individual, society, club, firm, partnership,
corporation or association of persons; and the singular number shall
include the plural number.
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]
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]
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.