[HISTORY: Adopted by the Town Board of the
Town of Bethel as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-27-1995 by L.L. No. 4-1995 (Ch.
63 of the 1990 Code)]
The purpose of this article is to regulate the
disposal or dumping of garbage, rubbish, refuse, trash and similar
wastes, hereinafter collectively referred to as "trash," on all lands
within the Town of Bethel, pursuant to the authority granted under
§ 64, Subdivision 5-a; § 130, Subdivisions 6 and
15; and § 136, Subdivision 8, of the New York State Town
Law.
The provisions of this article shall apply to
the disposal of all trash on all lands, whether private or public,
within the Town of Bethel. It shall not apply, however, to the disposal
of farm animal wastes, lawn and yard trimmings or construction debris
such as earth, tree stumps, concrete, wood and similar items which
are commonly used as fill and present no health or safety hazards.
[Amended 11-9-2006 by L.L. No. 5-2006]
As used in this article, the following terms
shall have the meanings indicated:
Solid waste derived from manufacturing, commercial or industrial
processes.
[Added 7-8-2015 by L.L.
No. 1-2015]
Any abandoned or discarded truck camper, camping trailer,
camper, travel trailers, pop-up trailer, tent trailer or overnight
trailer.
[Added 7-8-2015 by L.L.
No. 1-2015]
Any household appliance, including, but not limited to, a
stove, washing machine, dryer, dishwasher, freezer, refrigerator,
air conditioner, water heater, or television, which is stored outside
of any residence or structure.
[Added 7-8-2015 by L.L.
No. 1-2015]
Abandoned, discarded, or irreparably damaged furniture, including,
but not limited to, sofas, lounge chairs, mattresses, bed frames,
desks, tables, chairs, and chests of drawers.
[Added 7-8-2015 by L.L.
No. 1-2015]
Any abandoned or discarded structure, or part thereof, transportable
in one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or, if erected
on a site, is 320 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning, and electrical systems contained
therein. To qualify as a junk manufactured home, the dwelling must
meet two out of three of the following conditions for six months or
more:
[Added 7-8-2015 by L.L.
No. 1-2015]
[Added 7-8-2015 by L.L.
No. 1-2015]
Any motor vehicle or used parts or waste materials from motor
vehicles which, taken together, equal in bulk one or more such vehicle,
which is:
The fact that a motor vehicle does not display a current motor
vehicle registration or license plate shall be presumptive evidence
that such motor vehicle is not in condition for legal use upon the
highways. With respect to any motor vehicle not required to be licensed
or a motor vehicle not usually used on public highways, the fact that
such motor vehicle is not in condition to be removed under its own
power shall be presumptive evidence that such motor vehicle is a junk
motor vehicle unless refuted by verifiable and credible proof.
[Added 7-8-2015 by L.L.
No. 1-2015]
The outdoor storage or deposit of any of the following, whether
in connection with another business or not:
Notwithstanding the foregoing, the outdoor storage of up to
five unregistered motor vehicles no longer in condition for legal
use on the public highways shall be permitted at a motor vehicle repair
shop duly registered with the State of New York in accordance with
15 NYCRR 82.3.
A current permit to operate a junkyard duly issued by the
Town of Bethel pursuant to applicable law.
[Added 7-8-2015 by L.L.
No. 1-2015]
Any vehicle propelled or drawn by power other than muscular
power originally intended for use on public highways, including but
not limited to automobile, bus, trailer, truck, tractor, motor home,
motorcycle, and mini-bicycle. This term shall also include an all-terrain
vehicle or snowmobile.
[Added 7-8-2015 by L.L.
No. 1-2015]
Any person who is the lessee, tenant, operator or in possession
of real property subject to the requirements of this article.
Any person who is the owner of real property subject to the
requirements of this article.
A junkyard operated pursuant to a current junkyard permit.
[Added 7-8-2015 by L.L.
No. 1-2015]
Any individual, public or private corporation, political
subdivision, agency, association, firm, company, estate or any other
legal entity.
A garbage can, container, compactor, dumpster, barrel and
any other container used for the storage of trash.[1]
Except as limited by § 279-2 herein, all solid wastes including but not limited to industrial wastes, garbage, litter, trash, household refuse resulting from the handling, storage, sale, preparation or use of food, discarded clothing and any other discarded consumer goods. Rubbish shall also include the deposition or storage out of doors of any of the following items: used motor vehicle parts; metal, glass, fabric and waste materials taken from motor vehicles; or two or more unregistered motor vehicles no longer in condition for legal use on the public highways except where any such items are stored at a permitted junkyard. Notwithstanding the foregoing, the storage of up to five unregistered motor vehicles no longer in condition for legal use on the public highways shall be permitted at a motor vehicle repair shop duly registered with the State of New York in accordance with 15 NYCRR 82.3.
[Added 7-8-2015 by L.L.
No. 1-2015]
The use of real property for a limited portion of the calendar
year typically, but not exclusively, from the Spring through the Fall
seasons. Seasonally occupied real property may include a dwelling
which is temporarily occupied by a person or persons having a usual
residence elsewhere from whence they customarily journey to work,
send children to school, vote, or conduct other principal activities.
Such dwelling may have any of the following characteristics: a lack
of year-round water supply; a lack of a furnace or heat source; a
lack of indoor plumbing; a lack of insulation; or seasonal use typically
during warmer weather months.
[Added 7-8-2015 by L.L.
No. 1-2015]
Shall have the meaning found at 6 NYCRR 360-1.2(a).
[Added 7-8-2015 by L.L.
No. 1-2015]
[1]
Editor’s Note: The former definition of “trash,”
which immediately followed this definition, was repealed 7-8-2015
by L.L. No. 1-2015.
[Amended 7-8-2015 by L.L.
No. 1-2015]
A.
General restrictions.
(1)
No person shall use any lands of the Town of Bethel as a rubbish
disposal area or for any dumping of rubbish whatsoever, except in
conformity with this article.
(2)
No person shall, within the Town of Bethel, dispose of any rubbish
collected outside the Town of Bethel.
(3)
No person engaged in the business of collecting rubbish shall deposit
such rubbish in Town-provided receptacles.
(4)
No person shall deposit rubbish or any other discarded material in
a Town-provided receptacle except at such times, with such permission
and in such manner as directed by the Town Board, whether such direction
is given by the person charged with supervising rubbish disposal,
under the authority of the Town Board, by signs erected upon the premises
or by other means.
(5)
No person shall leave rubbish exposed in such manner as to emit offensive
odors, cause the breeding of flies, rodents or other vermin or permit
such rubbish to be dragged off by other animals.
(6)
Private receptacles shall be emptied regularly, screened from view
of the traveling public and secured when not in use, if not removed.
It shall be a violation of this article if the lid of any receptacle
cannot be closed securely because the receptacle is filled beyond
capacity.
(7)
Persons disposing of rubbish shall place the same in a leakproof
receptacle and in such manner as to prevent the rubbish from leaking
or blowing or falling onto other private property. The Town Code Enforcement
Officer may require the installation of fencing or an enclosure to
ensure compliance with this requirement.
(8)
Persons using a seasonally occupied real property shall, within three
days of cessation of use, legally dispose of all rubbish and empty
all receptacles. Vacating any seasonally occupied real property for
more than seven days shall constitute a cessation of use for the purposes
of this article.
(9)
No person shall use any lands of the Town of Bethel as a junkyard
without holding a current junkyard permit.
B.
Use of Town disposal facilities.
(1)
Every person depositing or causing any rubbish or other discarded
material to be deposited in Town-provided receptacles shall first
obtain a permit from the Town Clerk or his or her agent as provided
herein. The Town Board may, by resolution, determine any fees which
shall attach to such permits and adopt rules applying to their issuance
and use. The permit shall provide residents or property owners of
the Town of Bethel with the means to identify that they are a legal
user of the Town-provided disposal facilities, and any person so using
the facilities shall be required to produce or exhibit such permit
whenever requested to do so by the Town Clerk or Town representatives
charged with operating the disposal facilities.
(2)
No permit issued hereunder shall be transferred or be transferable.
(3)
Use of Town-provided disposal facilities shall be limited to its
hours of operation.
[Amended 11-9-2006 by L.L. No. 5-2006; 7-8-2015 by L.L. No. 1-2015]
A.
It shall be the responsibility, in every instance, of both the owner
and operator of any premises in the Town of Bethel to ensure the requirements
contained herein are met. If a tenant, user or other operator fails
to comply with these requirements, the property owner shall nonetheless
continue to bear responsibility for the same.
B.
Procedures.
(1)
Within three days of cessation of operation of any seasonally occupied real property, the owner or operator thereof shall comply with the requirements of § 279-4A(7) and (8); or within three days of receipt of a compliance order issued by the Town Code Enforcement Officer, served personally on the owner or operator of any such real property located in the Town of Bethel or posted on the premises in question, the owner or operator thereof shall legally dispose of all rubbish located on the property in question, empty and clean all receptacles, and otherwise comply with the terms and conditions of said order.
(2)
For any other real property located in the Town of Bethel, within
10 days of receipt of a compliance order issued by the Town Code Enforcement
Officer, or within such longer period of time as may be set forth
in said order, served personally on the owner or operator of any such
real property located in the Town of Bethel or mailed to the property
owner at his or her last known address and posted on the premises
in question, the owner or operator thereof shall legally dispose of
all rubbish located on the real property in question, empty and clean
all receptacles, where so indicated in the notice, and otherwise comply
with the terms and conditions of said notice.
(3)
If the owner or operator of any real property subject to the requirements of this article fails to comply with the requirements of Subsection B(1) or (2) of this § 279-5, the Town Code Enforcement Officer shall report same to the Town Board which may authorize entry onto said lands to cause any rubbish to be removed from the real property in question; to empty and clean any receptacle and have it returned to the real property in question or to its owner if the receptacle is rented, leased or hired; and to conduct any work or perform any act to cause compliance with the requirements of this article. Said work may be performed by Town employees or by a person or persons hired by the Town to conduct said work. The costs and expenses of said work, together with any administrative costs that may be imposed by the Town pursuant to Town Law § 138, shall be the sole responsibility of the owner of the real property in question.
(4)
Except in cases of emergency, before authorizing entry on any lands in accordance with § 279-5B(3) the Town Board shall conduct a public hearing. Written notice of the hearing shall be served on the owner and permit holder by personal service or by certified mail return receipt requested at their last known addresses. Service of such notice shall be made not less than five days before the scheduled hearing. When service is made by certified mail return receipt requested, service shall be deemed complete upon delivery of the notice.
C.
Total costs associated with Town removal of rubbish as provided above
shall be billed to the real property owner at the last known address
on the records of the Town Assessor together with a notice that, unless
payment is received in full within 30 days after the date of such
bill, the same shall be reported to the Town Board of the Town of
Bethel for adding such charges, together with interest at the rate
of 12% per annum, as an assessment to be levied against the premises
upon which the work was performed. The Town Board shall also have
the option to enforce payment in any other legal manner available
to the Town.
D.
Upon serving the notice, any unpaid charges shall constitute a lien upon the affected real property, as provided by § 64, Subdivision 5-a, of the New York State Town Law, the imposition of which shall not be a defense for any other action with which the Town may wish to proceed to collect monies owed it or which the Town may seek enforcement in accordance with § 279-6 hereof.
[Amended 11-9-2006 by L.L. No. 5-2006; 7-8-2015 by L.L. No. 1-2015]
A.
Compliance orders. The Town Code Enforcement Officer is authorized
to order in writing the remedying of any condition or activity found
to exist in, on or about any building, structure, or premises in violation
of this article. Upon finding that any such condition or activity
exists, the Town Code Enforcement Officer may issue a compliance order.
The compliance order shall be in writing; be dated and signed by the
Town Code Enforcement Officer; specify the condition or activity that
violates this article; specify the provision or provisions of this
article which is/are violated by the specified condition or activity;
specify the period of time which the Town Code Enforcement Officer
deems to be reasonably necessary for achieving compliance; direct
that compliance be achieved within the specified period of time; and
state that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
The Town Code Enforcement Officer shall cause the compliance order,
or a copy thereof, to be served on the owner of the affected real
property personally or by certified and regular mail. The Town Code
Enforcement Officer shall be permitted, but not required, to cause
the compliance order, or a copy thereof, to be served on any builder,
operator, tenant, contractor, subcontractor, construction superintendent,
or their agents, or any other person taking part or assisting in activities
being performed at the affected real property personally or by certified
and regular mail; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the compliance
order.
B.
Appearance tickets. The Town Code Enforcement Officer and any assistant
thereto are authorized to issue appearance tickets for any violation
of this article.
C.
Criminal penalties. Any person who uses any real property or allows
its real property to be used in violation of any provision of this
article shall, for a first offense, be guilty of a violation and shall
be subject to imprisonment for not more than 30 days or to a fine
of not more than $500, and for a second offense committed within five
years of the first offense be guilty of a misdemeanor and shall be
subject to imprisonment for not more than one year or to a fine of
not less than $250 and not more than $1,000. When a violation of any
of the provisions of this article is continuous, each day or portion
thereof shall constitute a separate and distinct violation.
D.
Civil penalties. In addition to those criminal penalties prescribed
herein, any person who violates any provision of this article, or
any term or condition of any permit, compliance order or other notice
or order issued by the Town Code Enforcement Officer pursuant to any
provision of this article, shall be liable to a civil penalty of not
less than $100 nor more than $5,000 for each day or part thereof during
which such violation continues. The civil penalties provided by this
subsection shall be recoverable in an action instituted in the name
of the Town.
E.
Injunctive relief. An action or proceeding may be instituted in the
name of this Town, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of this article, or any term or condition of any permit,
compliance order, or other notice or order issued by the Town Code
Enforcement Officer pursuant to any provision of this article. In
particular, but not by way of limitation, where the violation is of
any provision of this article, or any compliance order or other order
obtained under this article, an action or proceeding may be commenced
in the name of this Town, in the Supreme Court or in any other court
having the requisite jurisdiction, to obtain an order directing the
abatement of the condition which is in violation of such provisions.
No action or proceeding described in this subsection shall be commenced
without the appropriate authorization from the Town Board.
F.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive penalty or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this article or in any other applicable law, including but not limited to the rights of the Town set forth under § 279-5 of this article. Any remedy or penalty specified in this section may be pursued at any time and in any order, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this article or in any other applicable law.
[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A.
The Town Board of the Town of Bethel finds that a
reduction of solid waste through separation and removal of recyclable
materials from the waste stream is of importance to the health, safety
and general welfare of the residents of the Town of Bethel and is
consistent with the goals of the New York State Solid Waste Management
Plan to reduce the amount of solid waste generated, reuse or recycle
materials and conserve our natural resources.
B.
Waste reduction and recycling are preferable to the
disposal and processing of solid waste. Removing recyclable materials
from the waste stream will decrease the flow of solid waste to the
overburdened Sullivan County landfill, aid in the conservation and
recovery of valuable resources and conserve energy in the manufacturing
process. Conversely, improper solid waste management practices create
public health hazards, environmental pollution and economic loss.
C.
It is the intent of this article to promote the disposal
of solid waste generated within the Town of Bethel in the most environmentally
acceptable manner possible by requiring the recovery of all recyclable
materials which can be marketed or used for secondary purposes.
As used in this article, the following terms
shall have the meanings indicated:
Businesses, including without limitation retail stores, banks
and financial institutions, business and professional offices, personal
service establishments, hotels, motels and other tourist accommodations,
tourist attractions, mortuaries and funeral homes, restaurants, pet
shops, veterinary establishments, medical offices, automobile sales
establishments, gasoline stations, car washes and agricultural endeavors
and any other business endeavors not specifically stated herein.
The person appointed by the Town Board to administer and
supervise the Town's recycling and solid waste management program.
Any area designated from time to time by the Director where
persons can bring recyclables for aggregation and further transport
to a solid waste management facility.
The practice whereby solid waste, including separated recyclables,
generated by the residential sector is placed at or near the roadside
or other appropriate location at residential property, to be picked
up by a commercial hauler for transportation to a solid waste management
facility.
Establishments primarily concerned with manufacturing or
other substantial physical or chemical materials processing operations,
including without limitation manufacturing establishments, warehouses,
wholesale distributors, freight and trucking terminals and heavy machinery
sales, service and repairs.
Public, charitable and similar establishments, including
schools, churches, hospitals, psychiatric centers, government offices
and garages and nursing homes.
The following materials: newsprint; clear, green and brown
glass containers; tin cans; aluminum; copper; brass; stainless steel;
corrugated cardboard; high-density polyethylene (HDPE) plastic containers;
motor vehicle batteries; motor vehicle tires; and scrap metal, including
miscellaneous iron, steel and white metals (appliances). The definition
of "recyclables" may be amended from time to time by resolution of
the Town Board.
Single- and multiple-family residences, boardinghouses, dormitories,
mobile home parks, seasonal residences and camps.
A.
It shall be a violation of this article for any person
to dispose of recyclables otherwise than as provided by this article.
B.
All persons shall separate recyclables from other
solid waste when preparing them for transportation, collection, pickup
or removal by placing recyclables in one or more separate containers
in accordance with rules adopted by the Town Board. It shall be a
violation of this article for any person to place for collection or
deliver to a drop-off area or a solid waste management facility a
container which contains recyclables mixed with other solid waste.
C.
Preparation.
(1)
Recyclables subject to household collection or delivered
to a permitted solid waste management facility located in the Town
of Bethel or to any drop-off area as designated by the Director shall
be prepared as follows:
(a)
All recyclables must be cleaned;
(b)
All cardboard must be flattened;
(c)
All glossy inserts and wet or damp materials
must be removed from newsprint;
(d)
All metal containers must be rinsed;
(e)
All caps, lids and metal or plastic neck bands
must be removed from plastic and glass containers; and
(f)
All recyclables must be sorted and placed in
designated or properly labeled containers.
(2)
These rules may be amended from time to time by resolution
of the Town Board.
(3)
A current version of these rules shall be posted at
the office of the Town Clerk and at each drop-off area or a solid
waste management facility located in the Town of Bethel.
D.
The Director may from time to time determine that
certain materials contained in solid waste generated or brought within
the Town are recyclables or that certain materials included or hereafter
included in this article's definition of recyclables are no longer
recyclable. Upon any such determination, the Director shall submit
a written report to the Town Board recommending that such materials
be added to, or deleted from, the definition of recyclables and providing
the reasons and data supporting such inclusion or deletion.
E.
In making recommendations pursuant to this section,
the Director may recommend that a material be recyclable only for
the residential sector, commercial sector, industrial sector or institutional
sector, or any combination thereof.
Persons in the residential sector shall dispose
of recyclables by delivering recyclables, properly separated and prepared,
to a permitted solid waste management facility located in the Town
of Bethel or to any drop-off area as designated by the Director, or
by arranging for pickup of separated recyclables by a commercial hauler.
A.
Persons in the commercial, industrial and institutional
sectors shall dispose of recyclables by delivering recyclables, properly
separated and prepared, to the Town of Bethel solid waste management
facility or by arranging for pickup of separated recyclables by a
commercial hauler.
B.
Although all persons from the commercial, industrial
or institutional sectors must separate recyclables from other solid
waste in accordance with the general provisions of this article, they
need not deliver or make arrangements with a commercial hauler to
deliver such recyclables to the Town of Bethel solid waste management
facility in the following circumstances:
(1)
They have access to markets for recyclables and actually
deliver or cause to be delivered recyclables to such markets on a
regular basis;
(2)
They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the provisions of Subsection A above and which shall include copies of all pertinent documentation of access and actual delivery, such as contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption; and
(3)
They obtain written approval of the exemption from
the Director, which approval shall not be unreasonably withheld or
delayed.
A.
Commercial haulers engaged in collecting recyclables
generated within the Town by the residential, commercial, industrial
or institutional sectors or which dispose of wastes in any solid waste
management facility located in the Town shall keep recyclables separated
from other solid wastes, shall handle recyclables in such a manner
that they are not contaminated or destroyed and shall deliver recyclables
only to a solid waste management facility duly permitted under state
law.
B.
Commercial haulers need not deliver collected recyclables
from the commercial, industrial or institutional sectors to a permitted
solid waste management facility in the following circumstances:
(1)
They have access to markets for recyclables and actually
deliver or cause to be delivered recyclables to such markets on a
regular basis;
(2)
They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the provisions of Subsection A above and which shall include copies of all pertinent documentation of access and actual delivery with contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption; and
(3)
They obtain written approval of the exemption from
the Director, which approval shall not be unreasonably withheld or
delayed.
C.
It shall be a violation of this article for any commercial
hauler to collect, handle or dispose of recyclables otherwise than
as provided by this section.
It shall be a violation of this article for
any person without authority of the Town to collect, pick up, remove
or cause to be collected, picked up or removed any recyclables placed
for collection at a drop-off area or the Town solid waste management
facility. Each such unauthorized collection, pickup or removal from
a drop-off area shall constitute a separate and distinct violation
of this article.
The Town Board shall have the power by resolution
to adopt and promulgate, amend and repeal such rules and regulations
that in its discretion are necessary or desirable to carry out, interpret
and enforce the intent and purposes of this article. Notwithstanding
this power, any failure to adopt and promulgate such rules and regulations
shall not impair the enforceability of this article.
A.
For the purpose of determining if any person has failed
to comply with the provisions of any section of this article, the
Director, any code enforcement officer, any constable, any landfill
operator and any other person designated by the Town Board shall be
authorized to inspect:
B.
The Director, any code enforcement officer, any constable,
any landfill operator and any other person designated by the Town
Board shall be authorized to turn away and deny access to any person
delivering a mixed load of solid waste which includes or contains
recyclable materials to a duly designated solid waste facility in
the Town.
A.
Each commission of a single act of violation shall
constitute a separate violation of this article, and each day of such
violation shall constitute a separate offense, which may be punished
and prosecuted as such.
B.
Persons who violate this article shall be guilty of
a violation and subject to punishment by a fine of not less than $50
nor more than $500 or by imprisonment of not more than 15 days or
by such fine or imprisonment or other penalties as may be available
under the Town Law or the Penal Law. Each separate violation shall
constitute a separate additional offense.
C.
In addition to the foregoing, any person found in
violation of the requirements of this article shall be responsible
for payment of any fines incurred by the Town of Bethel and imposed
by the County of Sullivan, which fines are attributable to the conduct
of said person found in violation.
