[HISTORY: Adopted by the Town Board of the
Town of Newburgh as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-11-2000 by L.L. No. 6-2000[1]]
[1]
Editor's Note: This local law was adopted
as Ch. 93, but was renumbered to fit into the alphabetical organization
of the Code.
This article is adopted in view of the increase
in illegal dumping of garbage, rubbish, refuse and other offensive
materials, including the drop-off of these materials together with
used and abandoned personalty in clothing bin containers which have
not received permits from the Town of Newburgh. It is the intent of
the Town Board of the Town of Newburgh to restrict and regulate, in
a manner consistent with the interest of the residents of the Town
of Newburgh, the dumping, disposal and accumulation of various wastes
in order to promote the health, safety and general welfare of the
persons and property within the Town of Newburgh. This article shall
be known as the "Illegal Dumping Local Law of the Town of Newburgh."
As used in this article, the following terms
shall have the meanings indicated:
To heap or pile matter capable of decay, including but not
limited to grass cuttings, leaves, brush, decaying foods or paper
products, for use as fertilizer.
A container which is placed for the purpose of obtaining
used items, including used clothes, furniture and personalty.
Any matter that is defined as construction and demolition
debris in 6 NYCRR Part 360.
A bulk storage container for garbage and other waste materials
that can be hauled directly to the point of disposal or emptied into
a large compactor-type truck or other conveyance for disposal.
Includes, but is not limited to:
Any waste matter capable or incapable of fermentation or
decay, which is not contained in a waste receptacle, garbage can or
dumpster.
Includes but is not limited to:
Combustible paper, cartons, boxes, barrels,
wood, excelsior, tree branches, yard trimmings, tires, plastics, Styrofoam
and synthetics, wood furniture and bedding, dunnage and all other
material subject to burning.
Noncombustible metal, tin cans, metal furniture,
glass, crockery and minerals, ashes, cinders and pottery.
Solids removed during the treatment of:
Any matter that is defined as solid waste by 6 NYCRR Part
360.
Materials listed or defined as hazardous by either of the
following:
A.
Dumping, disposing, burying, burning or littering
of any of the following on any public or private lands in the town
is prohibited:
(1)
Garbage, rubbish or litter, subject to the following:
(a)
The storage of garbage or rubbish that is awaiting
collection and removal in a durable container in a manner which does
not impair the public health or safety shall not be deemed to be prohibited
by this section.
(b)
The owner of a family residence or farm may compost
on the property comprising said residence or farm matter capable of
decay (as defined in § 93-2 above) generated from that residence
or farm to be used as a fertilizer, so long as the disposal and composting
is done in a nuisance-free manner which does not impair the public
health, safety or general welfare.
(c)
The disposal on areas within the property boundaries
of a family residence or farm of animal carcasses or parts thereof
generated from that family residence or farm shall not be deemed prohibited
by this section so long as the same shall be disposed of pursuant
to the applicable provisions of New York State's Agriculture and Markets
Law.
(2)
Sludge; however, the disposal of sludge in accordance
with the regulations of the State Department of Environmental Conservation
shall not be deemed to be prohibited by this section.
(3)
Toxic material.
(4)
Solid waste; however, the disposal of solid waste
at a disposal facility authorized and licensed in accordance with
regulations set forth in 6 NYCRR Part 360 shall not be deemed to be
prohibited by this section.
(5)
Construction and demolition debris, subject to the
following: The storage of construction and demolition debris that
is awaiting collection and removal in a manner which does not impair
the public health or safety shall not be deemed to be prohibited by
this section; provided, however, that said debris is removed from
the site within 45 days from the issuance of a building demolition
permit.
B.
Dumping, disposing or burying of lumber in the town
is prohibited, except:
(1)
Lumber awaiting use in any construction project stored
in a manner which does not impair the public health or safety.
(2)
This section shall not be deemed to prevent the storage
of untreated lumber intended for the use as firewood so long as the
same shall not be stored in or near any highway or town road right-of-way,
or at or near any intersection in such a manner as to obstruct or
impair the line of sight for vehicular or pedestrian traffic. No storage
of firewood shall be allowed in the front yard of any residential
dwelling.
C.
Placement of dumpsters and clothing bin containers
is restricted as follows:
[Amended 8-18-2008 by L.L. No. 3-2008[1]]
(1)
A dumpster shall be located within a residential community
as placed upon the final plans of approval for the development of
the community, or as otherwise approved by the Town Planning Board.
(2)
No dumpster or clothing bin container shall be located
in or on a public right-of-way.
(3)
No dumpster or clothing bin container shall be located in areas regularly used or as previously approved by the Town Planning Board as designated parking spaces for commercial or business uses, without the Code Compliance Department's approval. No clothing bin container shall be located so as to interfere with on-site traffic circulation, obstruct traffic vision, or interfere with required landscaping or other requirements of a site plan approval for the premises. No clothing bin container shall be located in a required front yard setback established by Chapter 185, Zoning, of this Code. For purposes of this article only, all yards having street frontage shall be deemed front yards. In the event a lot is vacant, no clothing bin container shall be located within 50 feet of the dividing line between the lot and street.
(4)
Garbage and other waste material must be completely
contained within the dumpster. Clothing and other articles, including
junk goods, must be completely contained within the clothing bin.
No accumulation of garbage or other materials, such as litter, rubbish
or waste, will be permitted outside the confines of the dumpster,
nor will it be permitted to accumulate so that the dumpster cover
cannot be firmly closed.
(5)
All dumpsters and clothing bin containers shall be
kept in good repair, be structurally sound, leakproof and easily opened
and closed. Dumpsters and clothing bin containers shall be painted
as necessary to prevent the showing of rust and deterioration and
be so constructed as to stand firmly upright.
(6)
All dumpsters and clothing bin containers shall have
the name of the company or individual owning such dumpster clearly
printed on either the front or the back of such dumpster. In the case
of clothing bin containers, a phone number and address for such entity
and the permit number for the container must also be written on the
container.
(7)
No person or entity shall hold any clothing bin container
out to the public for the dropoff articles of clothing, unless the
proceeds from the sale of such clothing shall be utilized for charitable
or governmental purposes.
(8)
No person or entity shall place or maintain any clothing
bin container on property containing one or more dwellings or any
accommodation for transient occupancy.
(9)
No person or entity shall place or maintain any clothing
bin container on any premises open to the public except when issued
a permit by the Building Department, except if such entity is exempt.
(10)
No person or entity shall place or maintain any clothing bin container on property other than property owned by an entity listed in Subsection E(2) below.
(11)
No more than two clothing bin containers shall be
placed on a single parcel of land.
(12)
The owner, lessee, or other person or legal entity
in control of the property where the clothing bin container is being
maintained and the person or entity which owns, maintains, or operates
the clothing bin container in violation of this article shall be jointly
and severally liable for such violation(s) therefor.
[1]
Editor's Note: This local law provided the
time period for compliance with new requirements as follows: Persons
and entities which have placed or maintained clothing bin containers
in the Town of Newburgh prior to the effective date of this local
law and property owners where such clothing bin containers are placed
shall have 30 days following the effective date of this local law
to comply with the amended requirements imposed by this local law.
D.
Unlawful acts. It shall be unlawful for any person
to dispose of residential waste, ashes, junk goods, recyclable materials,
by means of the following:
(1)
Placing the above-stated materials at the pickup area
of another residence, business or public park.
(2)
Placing the above-stated materials in the containers
belonging to the place of business or residence of another or the
containers of a public park or street.
(3)
Disposing of any of the above-stated materials other
than through the town or private hauler provided by the owner or resident.
(4)
Disposing of recyclable materials being collected
under the town or county recycling program with other residential
waste or garbage.
(5)
For any nonresident of the Town of Newburgh, whether
it be person and/or corporation, to deposit any junk goods, recyclable
materials, garbage or wastes at any site in Newburgh, including but
not limited to the pickup area of another resident, business or public
park, in containers belonging to a place of business or residence
of another or in containers of a public park, except for food and
beverage waste personally generated in the use of public parks or
eating establishments.
E.
Permits and standards.
[Added 8-18-2008 by L.L. No. 3-2008[2]]
(1)
Any person or entity wishing to place or utilize a
clothing bin container within the Town of Newburgh in a place that
is open or accessible to the public must obtain a permit from the
Building Department.
(2)
Only the following entities and organizations may
apply for and obtain a permit:
(a)
Entities or organizations that have a tax status
under Section 501(c)(3) of the Internal Revenue Code, as amended.
Proof of such tax status must accompany an application for a permit;
(b)
Fire districts and companies of the Town of
Newburgh;
(c)
The Town of Newburgh Ambulance Corps;
(d)
Veterans organizations having premises in the
Town of Newburgh; and
(e)
Churches, synagogues, mosques, temples and other
religious organizations having premises in the Town of Newburgh.
(3)
There shall be no fee for an application or permit
to place a clothing bin container, subject to the provisions of this
article, at any location.
(4)
The permit application form shall be approved by the
Building Inspector and shall include but not be limited to the name,
address and telephone number of the person, entity or organization
applying for the permit; the proposed address where the clothing bin
container is to be placed and the proposed location on the property;
the name and telephone number of the owner of the location at which
the container is to be placed; the name and telephone number of any
lessee in control of the location at which the container is to be
placed; the name and telephone number of the individual who will be
placing the container; information as to the manner and schedule for
which the container is to be emptied or removed and the destination
of the clothing to be removed from the container.
(5)
The permit to be issued by the Building Department
can only be granted when it is determined by the Building Inspector
or his designee that:
(a)
The clothing bin container(s) are for use by an entity or organization which falls within the categories listed in Subsection E(2) above;
(b)
The proper types of clothing bin container(s)
are being used as described by this article;
(c)
The clothing bin container(s) are being placed
in a proper location as described by this section;
(d)
A letter of authority/permission from the owner
of the property upon which the clothing bin container(s) are to be
and/or are already located has been submitted; and
(e)
Name, address and phone number of the organization
or entity are displayed on each clothing bin container.
(6)
Upon the sale or transfer of a clothing bin container,
a new permit shall be issued to the new owner and the new owner information
and permit number written on the bin prior to placing it in service.
(7)
The permit requirements of this subsection shall not
apply to any clothing bin container that is located on premises that
are owned or leased by any religious, charitable or eleemosynary organization,
provided that the proceeds from the sale of clothing deposited in
said container benefit such organization.
[2]
Editor's Note: This local law provided the
time period for compliance with new requirements as follows: Persons
and entities which have placed or maintained clothing bin containers
in the Town of Newburgh prior to the effective date of this local
law and property owners where such clothing bin containers are placed
shall have 30 days following the effective date of this local law
to comply with the amended requirements imposed by this local law.
A.
Any person, firm or corporation who or which shall
violate or fail to comply with any of the provisions of this article
shall, upon conviction, be sentenced to pay a fine of not less than
$500 nor more than $5,000 for each offense, and in default of payment
of such fine, be imprisoned for a term not exceeding fifteen days.
Each day of violation constitutes a separate offense.
B.
This chapter may be enforced by the Police Department
and/or the Code Enforcement Office of the Town of Newburgh.
[Adopted 11-7-2011 by L.L. No. 9-2011]
This article shall be known as the "Brush, Grass, Rubbish and
Weed Control Law of the Town of Newburgh."
A.
It is hereby declared to be the policy of the Town to provide for
the proper use of land to prevent unhealthful, hazardous or dangerous
conditions due to the accumulation of brush, grass, rubbish or weeds
or growth of poisonous shrubs or weeds and to protect the public health,
safety and general welfare of the residents of this Town.
B.
By this article, the Town seeks to remove such dangers to health,
life and property by requiring owners of land to cut, trim or remove
brush, grass, rubbish or weeds or spray with herbicides, cut, trim,
remove or destroy poisonous shrubs or weeds and, upon default, causing
the same to be done and assessing the costs against the real properties
on which such brush, grass, rubbish, shrubs or weeds are found.
A.
Scope. The provisions of this article shall apply to all new and
existing residential and nonresidential premises and constitute the
minimum requirements and standards for such premises. The provisions
do not apply to governmentally owned property.
B.
Applicability. The provisions of this article shall be deemed to
supplement applicable state and local laws, ordinances, codes and
regulations. Nothing in this article shall be deemed to abolish, impair,
supersede or replace existing remedies of the Town, county or state
or existing requirements of any other provision of local laws or ordinances
of the Town, county or state laws and regulations. In case of conflict
between any provisions of this article and any applicable state or
local law, ordinance, code or regulation, the more restrictive or
stringent provision or requirement shall prevail.
As used in this article, in addition to the definitions contained in § 95-2, the following terms shall have the meanings indicated:
Uncultivated woody shrubs and/or immature trees.
Any officer of the Town of Newburgh Code Compliance Department,
or any other person who may hereafter be designated by resolution
of the Town Board and authorized in the name and on behalf of the
Town to undertake and prosecute any proceedings necessary or appropriate
to enforce compliance with this article.
Herbaceous ornamental plants intended to be periodically
cut close to the ground for the establishment of a lawn or ground
covering and which may also be used as ground covering for the establishment
of drainage swales, flood routes, or water detention basins.
Includes the following:
The owner of the real property upon which any brush, grass or
rubbish ordered cut, trimmed or removed pursuant to this article is
located or upon which any poisonous shrubs or weeds ordered sprayed
with herbicides, cut, trimmed, removed or destroyed are located.
The owner of the real property immediately fronting on a portion
of any highway, street or road of the Town of Newburgh, upon which
portion any rubbish ordered removed pursuant to this article is located.
Includes an individual, society, club, firm, partnership,
corporation or an association of persons, and the singular number
shall include the plural number.
Includes the following:
Combustible paper, cartons, boxes, barrels, wood, excelsior,
tree branches, yard trimmings, fires, plastics, Styrofoam and synthetics,
wood furniture and bedding, dunnage and all other material subject
to burning.
Noncombustible metal, tin cans, metal furniture, glass, crockery
and minerals, ashes, cinders and pottery.
Junk, trash, debris, building materials, or any other deleterious
materials.
Any abandoned, discarded or unused objects or equipment, such
as, but not limited to, automobile parts, stoves, refrigerators, freezers,
appliances, containers or vehicle tires.
Any compost pile, except as set forth in § 95-3A(1)(a) and (b) above, which is of such a nature as to spread or harbor disease, emit unpleasant odors or gas, or attract rodents, vermin or other disease-carrying pests, animals or insects.
Any unsanitary matter or toxic materials.
Solid waste or garbage.
Tree, brush, or shrubbery trimmings; grass clippings; trees,
brush or shrubbery or portions thereof severed from their roots; or
uprooted frees, brush or shrubbery.
Wild and useless plants growing at random in inappropriate
locations.
A.
Any person being the owner of real property in the Town of Newburgh
shall be required to cut, trim or remove brush, grass, rubbish or
weeds or to spray, cut, trim, remove or destroy poisonous shrubs or
weeds upon his lands when ordered to do so by the Code Enforcement
Officer.
B.
No person being the owner of real property in the Town of Newburgh
shall permit or maintain any growth of grass or weeds or other obnoxious
growth to a height on average of more than 10 inches on any part of
said property, whether occupied or unoccupied, or on the area between
the property line of an adjacent public highway or sidewalk and the
pavement edge of the road.
C.
No person being the owner of real property in the Town of Newburgh
shall permit, maintain, deposit, scatter or cause to accumulate over
the premises or private property any rubbish.
A.
Notice shall be served upon such owner or owners by certified mail, addressed to his or their last known address, and/or posting of said notice on the premises and mailing a copy of said notice to the owner at the address or addresses as recorded in the Sole Assessor's office on the same day as posted. The notice shall contain a general description of the property, a statement of the particulars with regard to the condition of the violation existing upon the premises and an order requiring that the violation be abated. The notice shall specify a time, not less than 10 days after the service thereof, within which the owner served with such notice shall complete the abatement of the violation existing on such premises as specified in the notice. The notice shall further state that, in the event that the cited condition is not eliminated within the time specified in the notice, the Town shall undertake to enter upon the property, if necessary, to abate the condition of the violation specified in such notice and assess the cost of such removal against said property pursuant to the provision set forth in § 95-11 of this article.
B.
Service of notice upon any owner of land, or the designated person
to receive process as provided by law, shall suffice for the purposes
of this section.
A.
Failure to comply. Whenever a notice or notices are served as set forth in § 95-10 of this article and the owner or owners of the respective lots or parcels of land shall neglect or fail to comply with such notices within the time provided therein, the Town Board may authorize the work to be done and shall provide for the cost thereof to be paid from general Town funds as directed by resolution of the Town Board or authorize Town employees and equipment to perform the work.
B.
Authority to remove. In the event that the owner and/or occupant of such land or premises shall fail to abate any violation as provided described in Subsection A, the Town Board shall have the authority, as provided for herein, to enter onto such premises where such violation exists, remedy such violation and to charge the cost or expense of such remediation against the owner and establish a lien in the manner herein provided.
C.
Assessment of costs and expenses, liens. All costs and expenses incurred
by the Town in connection with the abatement of a violation of this
article shall be assessed against the subject premises or lot. An
itemization of such costs shall be provided to the Town Board by the
Town Code Compliance Department. The total costs and expenses shall
then be determined by the Town Board and shall be reported to the
Assessor of the Town as the amount to be assessed and levied against
the premises, and the expense so assessed shall constitute a lien
and charge on the premises on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Town charges.
A.
The Code Enforcement Officer is hereby authorized and empowered to
serve the owner and/or occupant of such premises with an appearance
ticket for any violations of this article. Service of a court appearance
ticket shall be served upon such owner or occupant of said property,
by personal service.
A.
Any person, firm or corporation who or which violates any of the
provisions of this article shall be guilty of a violation, punishable
by:
(1)
A fine of not less than $250 and not exceeding $1,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense.
(2)
A fine of not less than $1,000 nor more than $3,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
second of two offenses, both of which were committed within a period
of five years.
(3)
A fine of not less than $2,000 nor more than $5,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
third or subsequent offenses of a series of offenses, all of which
were committed within a period of five years.
B.
Each week's continued violation shall constitute a separate
additional violation.
