[HISTORY: Adopted by the Town Board of the Town of Concord 4-14-1997
by L.L. No. 5-1997. Amendments noted where applicable.]
This chapter shall be known as the "Refuse Disposal and Anti-Littering
Law" of the Town of Concord.
This chapter is adopted for the purpose of promoting the health, safety
and general welfare of the people of the Town of Concord; including the protection
and preservation of property of the Town and its inhabitants in all matters
related thereto by controlling the storage, collection and disposal of refuse
and by prohibiting littering within the Town of Concord. In reference to agricultural
operations, please refer to the New York State Agricultural and Markets Law,
Article 25AA.
As used in this chapter, the following terms shall have meanings indicated.
All unwanted or useless materials that have been accumulated on,
or removed from, all public and private establishments and properties, including
residential, but not excluding recognizable industrial by-products, discarded
lumber or similar materials.
Same as "refuse."
Any individual, firm, partnership, company, corporations, associations,
society or group.
Includes garbage, rubbish and trash, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited, tends to
create a danger to the public health, safety and welfare or create unsightliness.[1]
General dry material produced routinely by household, commercial
or industrial establishments such as paper, cans, bottles and other containers
and ashes and any other similar materials.
Includes waste materials, bulky objects, such as discarded household
appliances, furniture, building demolition and construction wastes.
Every owner, lessee or occupant of any building, premises or place of
business within the Town of Concord shall provide or cause to be provided
at all times suitable and sufficient receptacles for receiving and containing
garbage, rubbish or refuse that may accumulate or be used upon said premises.
No receptacle shall exceed 30 gallons in capacity or 50 pounds in weight when
filled, except in cases of mechanically operated containers furnished by the
collector. Manure in the R-E, R-1, R-2, R-AG and R-RB Districts may be stockpiled
and disposed of with proper handling.
The owner or occupant of the real property shall be responsible for
the regular collection and disposal of all refuse which may accumulate on
the property owned or occupied by him. No person shall accumulate or permit
the accumulation of refuse on any premises owned by him within the Town of
Concord, except for the purpose of collection by an authorized licensed vendor.[1]
A.
No person shall throw or deposit litter on any property
within the Town of Concord, resulting in a danger to the public health, safety
and welfare, whether owned by such person or not, except that the owner or
person in control of private property may maintain private receptacles for
collection, as authorized by this chapter. Litter shall be prevented from
being carried or deposited by the elements from any such occupied private
property to the street, sidewalk or other public place or upon any private
property.
B.
No person shall throw or deposit litter on any open or
vacant private property within the Town of Concord, whether owned by such
person or not.
C.
Littering from vehicles. No person, while a driver or
passenger in a vehicle within the Town, shall throw or deposit litter upon
any street or other public place or upon private property.
A.
Maximum penalty. For violation of any provision of this
chapter, the maximum penalty shall, upon conviction, be a fine not exceeding
$250 or a term of imprisonment not exceeding 15 days, or both, in the discretion
of the court.[1]
B.
Separate violations. Except as otherwise provided, each
and every day in which a violation of any provision of this chapter exists
shall constitute a separate violation.
It shall be the responsibility of the Code Enforcement Officer or his
duly authorized representative to enforce the provisions of this chapter.
