Town of Pine Plains, NY
Dutchess County
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[HISTORY: Adopted by the Town Board of the Town of Pine Plains 6-15-1989 by L.L. No. 1-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Public assemblies — See Ch. 114.
Property maintenance — See Ch. 204.
Trees — See Ch. 240.
Junk and abandoned vehicles and equipment — See Ch. 255.
As used in this chapter, the following terms shall have the meanings indicated:
BRUSH
Includes any part less than four inches in diameter of a tree and parts of shrubs, small wood plants and the like.
DISCARDED BUILDING MATERIAL
Includes lumber, roofing, shingles, sheet metal and any other items used in construction of buildings.
GARBAGE
Includes waste food, paper, leaves, wood chips, waste fruit or vegetable matter or organic waste of any kind, including but not limited to carcasses of animals or fish, or parts thereof, and toxic chemicals.
LOGS
Includes any parts of trees other than brush.
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
RUBBISH
Includes tin cans, ashes, cinders, glass of all kinds and pottery.
TIRES
Includes rubber tires from any vehicle.
WASTE METAL
Includes automobiles or parts thereof, refrigerators, ranges, electrical appliances and plumbing fixtures and parts of discarded machinery.
A. 
The premises now leased by the Town of Pine Plains and situated on the Hoffman Road is hereby designated as the landfill site of the Town for all items above defined in § 217-1, for use solely by residents of the Town, subject to the further provisions of this chapter. Said premises are hereinafter referred to as the "landfill site."
B. 
From time to time the Town Board, by directions to the Town landfill custodian or custodians, may require, by posting written notice at the landfill site, separation of all items above defined in § 217-1 prior to delivery and deposit of each said item, such purpose being to facilitate earth covering of garbage within optimum time periods after such deposit and to best utilize said site.
A. 
No person shall deposit dead animals or fowl or parts thereof, dead fish or parts thereof, toxic chemicals or hay or straw at said landfill site.
B. 
No person shall deliver or deposit rubbish and garbage (excluding those items prohibited in Subsection A) at said landfill site except on such days and within such hours as the Town Board may from to time set for such delivery and deposit; notice of such times of dumping will be by reasonable written notice clearly posted by signs at said landfill site.
C. 
No person other than persons residing within the Town of Pine Plains or persons paying real property taxes exclusively assessed upon the most recent tax rolls of the Town shall deposit rubbish, garbage (excluding those items prohibited in Subsection A), waste metal, discarded building material, brush, logs or tires at said landfill site.
D. 
The Town Board may from time to time permit use of the landfill site for other items, but the same may be deposited only if the landfill site is so posted.
No person shall commercially collect rubbish, garbage (excluding those items prohibited in § 217-3), waste metal, discarded building material, brush, logs or tires from residents of the Town of Pine Plains unless he shall first apply for and receive a disposal license 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 Town Board at any time. Such application shall be made within 30 days after the effective date hereof, with no fee, and thereafter prior to January 15 of each year accompanied by a licensing fee of $20. In the absence of an earlier revocation of license, each granting of such disposal license shall terminate on December 31 of each year.
A. 
No person shall throw, place or deposit rubbish, garbage, waste metal, discarded building material, brush, logs or tires within the lines of any street, road or highway or other public place, playground, park or municipal property within the Town of Pine Plains.
B. 
No person shall throw, place or deposit rubbish, garbage, waste metal, discarded building material, brush or tires on private property within the Town of Pine Plains. Notwithstanding the foregoing provisions, a compost pile consisting of ashes, feathers, grass clippings, ground stone and shell, hay or straw, hedge trimmings, hops, leaves, leather waste, pine needles, peat moss, sawdust, seaweed, sod, weeds, and organic kitchen scraps, excluding meat scraps, generated in or originating on said property shall be permitted, provided that the compost pile is managed by periodically turning and said pile is physically contained to encourage the breakdown of organic material and prevent the omission of offensive odors and is located in an area at the rear property line.
C. 
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 Pine Plains any landfill or dumping ground wherein rubbish, garbage, waste metal, discarded building material, brush, logs or tires owned by others is dumped or deposited.
D. 
No person shall at any time burn rubbish, garbage, waste metal, discarded building material, brush, logs or tires on any road or street in the Town of Pine Plains.
E. 
No person shall commercially collect rubbish, garbage, waste metal, discarded building material, brush, logs or tires from outside the Town of Pine Plains and deposit said rubbish, garbage, waste metal, discarded building material, brush, logs or tires upon any land owned, rented, leased or otherwise controlled by him within the Town of Pine Plains.
F. 
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 Pine Plains, any landfill or dumping ground wherein rubbish, garbage, waste metal, discarded building material, brush, logs or tires commercially collected are dumped or deposited.
Any person committing an offense against the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
Any person whose agents, servants, officers or employees shall be convicted of one or more violations of this chapter may thereafter be denied use of such landfill site and may have his disposal license revoked.
The Town Board shall have the right at any time to establish charges for dumping at said landfill site, such charges to be fixed at a fair and equitable rate. Such schedule of charges may be fixed by resolution of the Town Board and shall be effective upon the posting of such schedule of fees in the manner of posting provided in § 217-3.