An Ordinance Restricting and Regulating the Use of Lands in the Town of Colesville for Dumping
Section 1. Legislative Intent and Title
By this Ordinance, the Town Board of the Town of Colesville declares its intention to restrict and regulate, in a manner consistent with the interests of the residents of the Town of Colesville, the dumping of all manner of waste materials within the Town, by prohibiting the dumping or other disposal of any such waste material upon lands within the Town other than established Town dumps, except for disposal of waste materials originating on the lands on which they are dumped, and by prohibiting dumping in the Town of waste material originating outside the Town of Colesville. The Town Board enacts this Ordinance to prevent unrestricted and unregulated dumping, which can lead to odors, fumes, fire, breeding of insects, attraction of rodents and vermin, air pollution, an attraction for dangerous play by children, discouragement of desirable construction within the Town and other conditions contrary to the health, safety and general welfare of persons and property within the Town of Colesville. This Ordinance shall be known and cited as the "Dumping Ordinance of the Town of Colesville."
Section 2. Definitions
•a. "Waste Materials," used in this Ordinance, shall include garbage, refuse, trash and similar items, including, but not limited to, food or food waste of all kinds, whether for human or animal consumption; used food containers or parts thereof; dead animals or parts thereof; demolition waste; worn out or discarded things; rubbish
trash; and garden refuse, regardless of the material or materials of which it is composed.
•b. "Town Dump," used in this Ordinance, shall mean premises established by the Town Board of the Town of Colesville as a public dump.
•c. "Person," used in this Ordinance, shall mean an individual or individuals, a partnership, a corporation, an association or any other entity.
•d. "Dumping," used in this Ordinance, shall mean dumping, throwing, depositing, burying, burning, or, in any other way discarding or disposing of any waste material.
Section 3. Prohibited Acts
Except as permitted in Section 4 hereafter, no person shall dump or permit dumping of waste materials on any lands within the Town of Colesville, whether public or private, except upon lands designed by the Town Board of the Town of Colesville as the Town Dump.
Section 4. Dumping Permitted
Any person owning property in the Town of Colesville may dump waste materials on property so owned by him in the Town only if:
•a. The waste materials so dumped originated on the lands which they are dumped; and
•b. The waste materials are dumped not closer than one hundred (100) feet to any boundary line of the property on which they are dumped.
Section 5. Restrictions on Use of Town Dump
•a. No person shall dump waste materials on the Town Dump, except at the places and in the manner directed by the person in charge of such premises under the authority of the Town Board, if such a person is so designated; by a sign or signs erected upon the premises by the authority of the Town Board; by any lawfully enacted regulations
of the Town Board, whether or not so communicated; and in accordance with any statutes, ordinances, rules and regulations of any cognizant governmental authority.
•b. No person shall dump on the Town Dump waste materials which originated in or were collected from premises outside the Town of Colesville.
•c. If the County of Broome purchases from the Town of Colesville property maintained by the Town of Colesville as a Sanitary landfill at the time this subdivision (c) is added to this Ordinance, the County may utilize the land so purchased as a Broome County Sanitary Landfill, for the purpose of the collection and disposition of garbage, ashes, rubbish and waste from within the County, as long as the County complies with all laws, ordinances, statutes, rules and regulations of New York State, Broome County, and Boards, Departments or officials or either, regulating the maintenance of such facility, Dumping on such a Broome County Sanitary Landfill by the residents of the Town of Colesville is not prohibited by this ordinance if accomplished under the applicable laws and rules of Broome County.
Section 6. Violation of Ordinance: Penalty
•a. Any person who commits any act in violation of any provision of this Ordinance shall be deemed to have committed an offense against this Ordinance and shall be liable for the penalties herein imposed for such violation. Each act committed in violation of any provision of this Ordinance shall constitute a separate offense.
•b. For every violation of any provision of this Ordinance, the person violating the same shall be subject to a fine of not more than $100.00 or imprisonment not exceeding thirty days, or both.
•c. Any person violating this Ordinance shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $50.00 for each such offense.
•d. In addition to the above provided penalties and punishment, 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 such ordinance.
Section 7. Savings Clause
If any clause, sentence, paragraph, section or part of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in controversy in which such judgment shall have been rendered.
Section 8. Effective Date
This Ordinance shall take effect immediately subject to the provisions of the Town Law of the State of New York.