[Amended 8-6-1999 by L.L. No. 21-1999]
It shall be the duty of the Superintendent of
Sanitation, the Landfill Supervisor, their duly appointed agents,
the Ordinance Enforcement Officer, the Sanitation Inspectors, the
police and peace officers to administer and enforce the provisions
of this chapter.
The Town Board hereby designates the Superintendent
of Sanitation to be responsible for the supervision and regulation
of the disposition of all or part of any of the solid waste located
within the town. The Superintendent of Sanitation may adopt and promulgate,
amend and repeal rules and regulations implementing this chapter in
order to carry out and enforce the intent and purposes hereof. A copy
of such rules and regulations shall be kept on file in the Town Clerk's
office.
A.
The following activities shall be unlawful:
(1)
No self-hauler shall place any material other than a designated recyclable in or near such designated recyclable's receptacle at the town's recycling centers. Furthermore, no person who uses the services of a commercial hauler shall fail to separate designated recyclables from other solid waste prior to collection by the commercial hauler, except as provided for in § 204-22D.
(2)
No commercial hauler shall deliver for disposal at the town's recycling centers solid waste and designated recyclables that have not been separated into the categories set forth by Town Board resolutions pursuant to § 204-21.
(3)
No person shall place or cause to be placed solid
waste and recyclables generated at a location other than the town's
recreational areas in the receptacles at said recreational areas.
(4)
No person shall deposit at any Town recycling center
solid waste material that is transported from outside the boundaries
of the town, the Village of East Hampton or that portion of the Incorporated
Village of Sag Harbor located within the boundaries of the town.
(5)
No person shall deposit at any Town recycling center
hazardous waste material except for household hazardous waste that
has been designated for specific disposal by Town Board resolution.
(6)
No person shall deposit any solid waste on land of
the Town outside the areas designated for the deposit of those materials.
(7)
No person shall deposit any solid waste outside the
gates of a recycling center at any time.
(8)
No person other than Town recycling center personnel
shall set fire to any material within the grounds of a recycling center.
(10)
No person shall dispose of construction and
demolition debris at a Town recycling center except as provided for
by Town Board resolution.
(11)
No person shall remove any materials from the
town's recycling center without the prior consent of the Town employees
on duty at the recycling center, unless said materials are located
in a specifically designated area for exchange and scavenging.
(12)
No person shall permit or cause any solid waste
materials or recyclable materials within his control to become a hazard
or potential hazard to public travel, health or safety or to become
a nuisance of any sort.
(13)
No person shall hinder, obstruct, prevent or
interfere with the performance of any duty carried out by persons
authorized to enforce this chapter.
(14)
No person shall harass Town personnel operating
a recycling center. Harassment shall include acts where a person,
with the intent of harassing, annoying or alarming Town personnel:
(15)
No person shall violate or cause or assist in
the violation of any provision of this chapter, any rule or regulation
promulgated by the Superintendent of Sanitation pursuant to this chapter
or any Town Board resolution adopted pursuant to this chapter.
B.
All unlawful conduct set forth in this section shall
constitute a violation of this chapter.
A.
By a vehicle's entry into a Town recycling center
area, the owner and operator of that vehicle shall be deemed to consent
to the examinations hereinafter provided.
B.
Any materials removed from a vehicle for disposal
at a Town recycling center area may be examined by Town employees
authorized to enforce this chapter to determine compliance with the
laws and regulations requiring, without limitation, separation of
designated recyclables from solid waste, prohibition against hazardous
substances and prohibition against solid waste generated or collected
outside the town.
C.
Any person who is authorized to enforce this chapter pursuant to § 204-80 shall have the authority to reject loads that do not conform to the requirements set forth in this chapter or in resolutions, rules and regulations promulgated under this chapter. If the load is rejected subsequent to the vehicle's departure from the Town recycling center, the Town shall have the right to reject the load and require the vehicle to return to the recycling center and reclaim the load. Failure of a person to reclaim the load within 24 hours of receiving notice from the Town shall make said person liable for the penalties set forth in this Article IX.
D.
Any person who is authorized to enforce this chapter pursuant to § 204-80 shall have the power to seize, without a warrant, for conservation, health, safety or evidentiary purposes, any item he has cause to believe is a hazardous substance or solid waste generated or collected outside the Town that has been or is being disposed of in violation of this chapter. Any item seized under this subsection shall be disposed of as deemed appropriate by the Superintendent of Sanitation.
A.
Any action by any person other than a commercial hauler which violates or does not comply with any provision of Articles II, III, IV, V, VI and IX or any regulation or resolution promulgated thereunder shall be punishable as follows:
(1)
For a first conviction: a fine of not less than $50
and not more than $250, and, in addition, anyone convicted of a first
offense hereunder may be liable to pay a civil penalty of not more
than $250.
(2)
For a second conviction within one year: a fine of
not less than $100 and not more than $500 or imprisonment of not more
than 15 days, or both, and, in addition, anyone convicted of a second
offense hereunder may be liable to pay a civil penalty of not more
than $500.
(3)
For a third or subsequent conviction within one year:
a fine of not less than $250 and not more than $1,000 or imprisonment
of not more than 30 days, or both, and, in addition, anyone convicted
of a third or subsequent offense hereunder may be liable to pay a
civil penalty of not more than $1,000.
B.
Any action by a commercial hauler which violates or does not comply with any provision of Articles III, IV, V, VII and IX or any regulation thereof shall be punishable as follows:
(1)
For a first conviction: a fine of not less than $500
and not more than $1,000 or imprisonment of not more than 15 days,
or both, and, in addition, anyone convicted of a first offense hereunder
may be liable to pay a civil penalty of not more than $1,000.
(2)
For a second conviction within one year: a fine of
not less than $750 and not more than $1,500 or imprisonment of not
more than 30 days or suspension or revocation of the commercial hauler's
permit for a period not to exceed six months, or any or all of the
above, and, in addition, anyone convicted of a second offense hereunder
may be liable to pay a civil penalty of not more than $1,500.
(3)
For a third or subsequent conviction within one year:
a fine of not less than $1,000 and not more than $2,000 or imprisonment
of not more than 60 days or suspension or revocation of the commercial
hauler's permit for a period not to exceed one year, or any or all
of the above, and, in addition, anyone convicted of a third or subsequent
offense hereunder may be liable to pay a civil penalty of not more
than $2,000.
C.
D.
E.
Each continuing day of violation of this chapter shall
constitute a separate offense.
F.
In addition to the above provided penalties, the Town
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.
