[HISTORY: Adopted by the Town Board of the Town of Marbletown 3-5-1996
by L.L. No. 1-1996. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, safety
and welfare and to enhance, preserve and promote the general appearance and
community pride of the Town of Marbletown by prohibiting littering and dumping
and regulating the storage for collection of garbage and refuse within the
Town.
This chapter is enacted pursuant to the authority and police power vested
in the Town of Marbletown by the Town Law, the Municipal Home Rule Law and
other applicable laws of the State of New York.
The following words or terms shall have the following meanings when
used in this chapter:
Discarded animal or vegetable matter, products or waste.
Any individual, partnership, company, corporation, unincorporated
association or public or governmental entity.
The person holding title to or in immediate lawful possession or
control of the real property on which the subject activity or violation is
being conducted.
As commonly defined and all other discarded materials, including
litter, trash, rubbish, junk, debris and motor vehicles or parts thereof,
but excluding garbage.
A reasonable or customary period of time based upon the type of activity
being described and the actual or usual frequency of collection, removal or
disposal of the subject materials.
The Town of Marbletown.
A.
No person shall scatter, dump, discard, deposit or accumulate,
or cause or permit to be discarded, scattered, dumped, deposited or accumulated,
any garbage or refuse on any street, road or highway or any public or private
land in the Town.
B.
No person except the United States Postal Service shall
deliver to or deposit upon any public or private property in the Town any
unsolicited newspaper, pamphlet, advertisement, flyer, tabloid, classified
advertiser or similar publication, without first collecting and removing all
prior issues or copies of the same publication, or any remnants thereof, which
are still present at or in the vicinity of the place of such delivery or deposit.
The following actions, at locations authorized by the property owner, performed in a manner which does not create a public or private nuisance, or a risk to the public health or safety or the health or safety of any individual or of damage to real or personal property, and which reasonably precludes a scattering of the described material by the elements, are excepted from the prohibitions set forth in § 124-4 of this chapter:
A.
The accumulation, storage, deposit and distribution of
clean, nontoxic ashes for use as fertilizer or for aiding pedestrian or vehicle
movement in winter weather conditions or for lawful disposal;
B.
The temporary accumulation and storage of garbage in
covered, secure, durable, pest-resistant, sanitary containers, such as, but
without limitation thereto, garbage cans or dumpsters with lids, for the purpose
of facilitating the lawful collection and removal or disposal of same;
C.
The temporary accumulation and storage of refuse in secure,
durable containers, such as, but without limitation thereto, trash cans, sturdy
boxes or dumpsters, or in secure piles of items too large to fit in containers,
for the purpose of facilitating the lawful collection and removal or disposal
of same;
D.
The manufacture, accumulation, storage and distribution
of compost and mulch made from plant or vegetable matter or animal waste,
but not animal parts, alone or mixed with soil, to be used for fertilizer,
gardening, farming or landscaping purposes;
E.
The temporary accumulation of brush for the purpose of
disposing of same by lawful burning, mulching or removal;
F.
The storage of nontoxic construction and demolition debris
on the site where same was lawfully generated, for a period not to exceed
60 days, for the purpose of facilitating the lawful collection and removal
or disposal of same;
G.
The accumulation and storage of untreated wood in any
form intended and suitable to be used as firewood;
H.
The storage of construction materials intended and suitable
to be used for construction purposes;
I.
The storage of serviceable parts and supplies intended
and suitable for use in the normal operation of a farm, a business or an avocation,
or for normal residential use;
J.
The accumulation, storage and distribution of manure
for use as fertilizer.
A.
Prosecutions for the following alleged violations of
this chapter shall be conducted in accordance with the procedure for the following
respective classes of offenses under the Criminal Procedure Law of the State
of New York:
B.
Any person convicted in a court of competent jurisdiction
of violating this chapter shall be subject to the following punishment or
penalties:
(1)
For a first violation, the court may impose a fine not
exceeding $250 or a term of imprisonment not exceeding 15 days or community
service not exceeding 50 hours, or any combination of any of the foregoing
penalties;
(2)
For a violation which is alleged to be and which the
trier of the facts finds to be of an identical or similar nature to a former
violation of this chapter committed within the 12 consecutive months preceding
such violation, the court may impose a fine not exceeding $500 or a term of
imprisonment not exceeding 45 days or community service not exceeding 100
hours, or any combination of any of the foregoing penalties;
(3)
For a violation which is alleged to be and which the
trier of the facts finds to be of an identical or similar nature to two previous
violations of this chapter committed within the 18 consecutive months preceding
such violation, the court may impose a fine not exceeding $1,000 or a term
of imprisonment not exceeding 90 days or community service not exceeding 150
hours, or any combination of any of the foregoing penalties;
(4)
In addition to any of the foregoing penalties that may
be imposed by the court, the court may, upon application of the Town Supervisor
or Town Superintendent of Highways made prior to or within 30 days of the
conviction of the defendant, and after taking such evidence as the court deems
necessary upon no less than five days' notice to the defendant, assess
the cost of any collection, clean-up, hauling or disposal of the offending
materials and any other reasonably necessary remediation incurred by the Town
in connection with or as a result of the defendant's violation of this
chapter, which assessment shall be paid by the defendant to the Town as reparations
within the time period set by the court. The procedure for the collection
of such reparations shall be that set forth in §§ 420.10 and
420.20 of the Criminal Procedure Law of the State of New York as same may
be amended from time to time, except that the Town is the organization to
which said reparations are to be paid.
C.
Each week or part thereof that a violation of this chapter shall continue after the alleged violator has been served with five days' written notice containing a description of the alleged violation and a demand to cure same shall be a separate and distinct violation of this chapter, except that no such separate violation based upon a continuing condition shall be deemed to be a successive violation of a prior identical or similar violation under Subsection B(1) or B(3) above for purposes of subjecting the violator to a heavier penalty schedule for such violation. The notice shall be served on the alleged violator personally or by certified mail to the address of the alleged violator if same is known to the enforcing officer and if not known then to the address shown on the last tax assessment roll for the property on which the alleged violation exists. Said notice shall be deemed served on the day of personal service or on the third day following the certified mailing, as the case may be. Service upon a corporation may be made upon any corporate officer in the manner set forth above or at any office of the corporation by (1) certified mail or (2) personal service upon any employee of the corporation.
D.
Notwithstanding any criminal prosecution, the Town Board
may at any time maintain a civil action or proceeding in the name of the Town
in any court of competent jurisdiction, to compel compliance with or to restrain
any violation of this chapter, or for damages, or for any combination thereof.
Any police or peace officer having jurisdiction in the Town and any
Code Enforcement Officer of the Town shall have the authority to enforce this
chapter.
