[HISTORY: Adopted by the Town Board of the Town of Hyde Park 11-4-1971.
Amendments noted where applicable.]
All dumping of garbage, ashes, paper, debris, swill, refuse and waste
materials is hereby prohibited in the Town of Hyde Park except as hereinafter
set forth.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
All fragments, broken rubbish and loose material, including the by-products
of construction, destruction and demolition.
Any land used for the deposit of garbage, ashes, paper, debris, swill,
refuse or waste materials.
Includes any dead animals or fish unfit for human consumption; organic
waste, such as meat, fat, bones, fish, fruit or vegetable, or any other animal,
fish, fruit or vegetable matter used as food by human beings or used in the
preparation, preservation, dressing or cooking thereof; organic waste substance
of any kind; or any matter which emits noisome and offensive odors.
Includes one or more individuals, firms, partnerships, corporations
or associations or combinations thereof, including any municipal corporations.
Solid or liquid food waste, ashes, incinerator residue, sewage and
solid or liquid materials resulting from construction or destruction of any
business, trade or industrial operation and other rubbish and waste materials.
No person shall deposit in any manner any of the prohibited materials
contained herein in any body of water, stream or the banks thereof in the
Town of Hyde Park.
No person shall deposit in any manner any of the prohibited materials
contained herein within the lines of any highway, street, avenue or other
public place within the Town of Hyde Park.
No person shall operate or maintain or allow or consent to be maintained
upon any land or property owned, rented, leased or otherwise controlled by
him within the Town of Hyde Park any dump, dumping site or refuse disposal
area wherein or whereon there shall be dumped or deposited any prohibited
materials, as defined herein, or any flammable or combustible material, except
that the Town of Hyde Park may and shall maintain, operate and regulate such
dumps, dumping sites or refuse disposal areas as shall be designated by the
Town Board as public dumps, dumping sites or refuse disposal areas.
A.
No person shall maintain or allow to be maintained upon
his property or land any dump, dumping site or refuse disposal area wherein
or whereon there shall be dumped or deposited any prohibited materials contained
herein originating at any place other than the premises upon which the same
is dumped or deposited unless he shall have obtained permission so to do from
the Town Board.
B.
The Town Board may grant such permission for the maintenance
of dumps, dumping sites or refuse disposal areas for the deposit of said materials
upon such terms and conditions as it may deem proper and may revoke any such
permission at any time.
No person shall dump any of the herein prohibited materials on any site
in the Town of Hyde Park unless a permit, as hereinbefore set forth, shall
have been granted permitting the deposit of said materials.
Any person desiring a permit, as set forth in § 48-9 hereof, shall submit a written application to the Building and Zoning Administrator of the Town of Hyde Park containing the following information:
A.
The exact location of the premises for which the permit
is requested.
B.
The exact area of said premises which is to be used.
C.
The types of materials to be dumped.
D.
The procedures to be used to ensure that no pollution
will result from the dumping and that no nuisance or health hazard will be
created by the dumping.
E.
The exact period of time that the premises will be used
for dumping, specifying the proposed commencement date and termination date.
F.
The location where the materials to be dumped are to
be acquired.
G.
A proposal as to the covering of the site after the termination
of the dumping, which shall include proposed cover material, grading and finishing.
The Building and Zoning Administrator, upon receipt of a written application setting forth the items specified in § 48-8 hereof, shall submit same to the Town Board, who shall make the final determination on the granting of a permit upon such terms and conditions as they shall deem necessary and proper.
The Town Board may require such additional information as they deem
necessary in order to make their determination on the request for said permit
and may submit said proposal to other boards or agencies of either the town,
county, state or federal government as they shall deem appropriate to aid
them in their final determination.
Before the issuance of any permit, the applicant shall execute a bond
sufficient in the opinion of said Board to secure the rehabilitation of the
site to the extent specified in the approval. Such bond shall be approved
by the Town Attorney as to form and manner of execution and shall run for
the same term as the term of the permit. In the event the applicant does not
fulfill the conditions of the bond, the Town shall, after due notice to the
applicant and to his bonding or surety company and upon their failure to comply
with the terms and the permit, proceed to rehabilitate the premises in accordance
with the plan as submitted by the applicant and approved by the Board, either
with its own forces or by contract, and charge the costs to the applicant
or the bonding or surety company.
A.
No person shall ignite or burn papers, rubbish, leaves
or other flammable materials in an open unattended fire at any place within
the Town of Hyde Park.
B.
An open unattended fire within the meaning of Subsection A shall mean and include any bonfire or fire of papers, leaves, rubbish or other flammable material, which is not contained in and confined in a basket, rack or wall of nonflammable material and unguarded by a person of suitable age and discretion.
C.
The burning of papers, leaves or other flammable material
upon the surface of any highway, road or street in the Town of Hyde Park,
which shall be or shall have been paved, macadamized or oiled, is hereby forbidden.
[Amended 10-6-1986 by L.L. No. 2-1986]
Any person violating this chapter or any of the provisions hereof shall
be guilty of a violation, pursuant to the Penal Law of the State of New York,
punishable by a fine of not to exceed $350 or by imprisonment for a term not
exceeding 15 days, or by both such fine and imprisonment. Each 24 hours during
which said violation shall continue shall constitute a separate and distinct
violation within the meaning of this chapter.
