[HISTORY: Adopted by the Town Board of the Town of Riga 4-13-1987 as L.L. No. 2-1987. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
The residue of the combustion of solid fuels, such as wood, coal, coke, charcoal or like substances.
Includes all putrescible wastes, except sewage, body wastes and recognized industrial by-products, and generally shall consist of wastes, animal, fowl, fish, fruit or vegetables, made and produced from or resulting from the growth, processing, use or storage of food for human consumption and includes spoiled foods and dead animals.
Includes an individual, partnership, corporation (municipal, private or otherwise), unincorporated association, firm, club or society of persons. The singular designation shall hereby include the plural, and the masculine shall include the feminine and neuter.
Includes all nonputrescible wastes, except recognized industrial by-products, and generally shall consist of relatively dry miscellaneous materials comprising paper, rags, excelsior, straw, cardboard, leather, rubber, soil, sweepings from buildings, mill screenings, tree trimmings, shrubbery, leaves, grass, trees and other discarded articles of similar nature, including tin cans, tinware, glass, metal products, auto parts, pipes, metallic substances, bottles, glassware, pottery, tile, earthenware and like materials.
Bringing into the Town of Riga any garbage, ashes, refuse or waste materials of any kind for the purpose of depositing or disposing of the same within the Town of Riga, including an established town filling area, is hereby prohibited, unless a permit for disposing of the same in an established town filling area is obtained by another municipality and granted to said municipality by the Town of Riga knowing the composition of the materials being disposed of.
The Town Board of the Town of Riga may, by resolution and New York State Department of Conservation approval, establish an official town filling area at such place or places as shall from time to time be determined.
Any person not a resident of the Town of Riga shall not deposit materials of any kind on the premises designated as a town filling area in the Town of Riga. Use by other municipalities can be granted by resolution by the Town Board. Nonresident contractors may be granted a permit if materials being disposed of originate in the Town of Riga.
No person shall deposit, throw or cause to be deposited any substance of any kind within the town except at the places and in the manner directed by resolution adopted by the Town Board of the Town of Riga or by a person in charge of the premises under the authority of the Town Board.
Before any town resident or contractor shall be permitted use of a town filling area for disposal purposes, a valid permit shall be obtained from the Town Clerk. The Town Board by resolution may adopt a schedule of fees for issuance of a permit to any town resident or municipality. The Town Board may impose such conditions on the permit as it may deem necessary to further the health, safety and welfare of the residents of the Town of Riga. The holder of said permit shall be responsible for displaying said permit upon the request of any town official or employee who asks that it be produced.
A violation of any of the provisions of this chapter or of any conditions imposed in a permit issued by the Town Clerk or of the resolutions of the Town Board regulating the town filling area shall subject the violator to a revocation of the permit and a denial to use any town facility for disposal purposes. Said violator shall further be subject to any other penalties provided for in this chapter.
A.
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense shall constitute, for each day the offense is continued, a separate and distinct violation.
B.
In addition to the penalties provided above, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to recover a civil penalty from any person committing an offense against any provision of this chapter in the amount of $1,000 for each such violation of this chapter.
C.
In addition to the penalties provided above, the Town Board 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.
