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HomeMy WebLinkAbout1967-11-21RESOLVED to accept the bid of Syracuse Supply Co. in the amount of $3,500.00 for one used Bulldozer and accept the bid of Cayuga Motor's Sales Corp. in the amount of $2,188.00 for one new Pick -up Cab & Chassis, said purchases to be paid from the 1968 budget. Seconded by Mr. Kidney. Vote of Town Board. .(Aye) Floyd Ferris, Justice. Vote of Town Board ..(Absent) Charles Howell, Councilman Vote of Town Board (Aye) James Kidney, Councilman Vote of Town Board (Aye) Fred Spry, Justice Vote of Town Board . (Aye) Harris Dates, Supervisor Carried The regular monthly meeting for November was scheduled for November 21st. Meeting adjourned 9:30 P.M. November 21, 1967 The Lansing Town Board met in regular session at the South Lansing Town Hall. Meeting date delayed one week and Town Board members advised as per minutes of November 9, 1967. Meeting called to order at 8 P.M. with Supervisor Dates presiding. ' Harris B. Dates Charles Howell Floyd Ferris James Kidney Fred Spry Kenneth Tarbell Oliver Holden James Howell Robert Williamson Jane C. Bush ROLL CALL Supervisor Councilman Justice Councilman Justice Assessor Chairman Assessor Water Superintendent Attorney Clerk Present Present Present Present Present Present Present Present Present Present Visitors: John Myskow, Milton Case, Lloyd Sharpsteen, James Showacre and Bernard Campbell. MOTION was made by Mr. Kidney and seconded by Mr. Spry that the minutes of the meetings of Sept. 12, Oct. 5, 12, 26, 31, and Nov. 9th, as submitted by the Town Clerk be approved. Carried Mr. Bernard Campbell made inquiry in regard to the progress being made on the Highway Garage. He stated that persons were concerned over the delay in getting the garage under construction. The Town Board stated that they too were upset about the situation, however, the Engineer was now taking testborings and expected to have the bids out and back by the middle of January. Mr. Dates explained that Mr. Miller, the Engineer, had informed the Board that due to lack of help and time the Board perhaps might consider hiring another engineer for this project, however, the Board felt that the plans were too far advanced and making a change at this time would not better circumstances or be an advantage to the town. Mr. Milton Case, representative for the Town of Lansing Highway Association presented the Board Members with Charter..The document was read and discussed by the board, after which time: The following resolution was offered by Mr. Spry, who moved its adoption, seconded by Mr. Ferris, to -wit: RESOLUTION: RECOGNITION OF BARGAINING AGENT -TOWN OF LANSING. WHEREAS, the State Law requires that the Town Board recognize as a bargaining agent for the employees of the Town a duly constituted organization representative of said employees, and WHEREAS, the Lansing highway employees have formed an organiza- tion entitled the "Town of Lansing Highway Association" to (continued) I 0 represent them for collective bargaining purposes with the Town Board 1 431 in regard-to wages, hours, grievences and condition of employment, and WHEREAS, the full time employees of the Highway Department have unanimously designated said association as their bargaining agent, and WHEREAS, said association, in its constitution, prohibits strikes against said town, and be it WHEREAS, said constitution prohibits discrimination, now therefore RESOLVED by this Board that the Town of Lansing Highway Association be and it hereby is recognized as the bargaining agent of the highway employees of the town, said organization having met the requirements of the State Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Vote of Town Board . . . .(Aye) Mr. Ferris, Justice Vote of Town Board . . . .(Aye) Mr. Howell, Councilman Vote of Town Board . . . .(Aye) Mr. Kidney, Councilman Vote of Town Board . . . .(Aye) Mr. Spry, Justice Vote of Town Board . . . .(Aye) Mr. Dates, Supervisor The resolution was thereupon declared duly adopted. A request was made by the Town of Lansing Highway Association to the Lansing Town Board for an overall 25¢ an hour increase in wages. The Town Board discussed an extension of sick leave for Floyd Oplinger, employee of the Lansing Highway Department, after which time Mr. Howell offered the following resolution and moved its adoption: WHEREAS, Floyd Oplinger, Lansing Highway employee, has been out of work due to illness and his sick leave and vacation time has terminated, now therefore be it RESOLVED that sick leave for Floyd Oplinger be extended at half pay for one pay period. Seconded by Mr. Spry, Carried Mr. James Howell, Lansing Water Superintendent, reported on Water District #1. Supervisor Dates reported on the apportionment of county taxes in regard to Lansing and also the town rate. Tax rates and formula was also discussed for Water District #1. Mr. Showacre, Planning Board Chairman, reported that Mr. Shepard Drogin, Staff Planner from the State Office of Planning Coordination may be present at the Planning Board Meeting to be held Nov. 27th, Mr. Showacre will advise Board members when plans are definite. Supervisor Dates advised the Board that two vacancies will exist on the Planning Board by January 1, 1968 and requested that Board members submit names for consideration. .Clerk read letter from Otto B. Schoenfeld regarding fire hydrants and executing a contract with the Village of Cayuga Heights for fire protection. AUDIT RESOLUTION by Mr. Ferris and seconded by Mr. Howell: RESOLVEDthat General Fund bills #246 thro #iOl totalling $20,545.58 and Highway Fund bills #308 thro #344 totalling $13,402.65' be and the same are hereby approved for payment. Carried Supervisor Dates presented his monthly report and explained same in detail. Filed with Town Clerk. (continued) The Town Board at this time discussed the Hearing on the proposed Ordinance Regulating the use of the Lansing Town Dump which was held October 31st, after which time the following Resolution was offered for adoption. WHEREAS, a public hearing has been held on a proposed ordinance regulating the use of the Town Dump, Town of Lansing on the 31st of October 1967 at 8:15 P.M. o'clock in the evening thereof, and WHEREAS, all persons desiring to be heard, having been heard and two persons having made note of certain questions, now therefore be it RESOLVED on motion of Mr. Ferris and seconded by Mr. Howell that said Ordinance be and the same is hereby adopted and the Town Clerk be and she hereby is directed to enter same in the minutes of the Town Board, post same on the Town sign board and publish same in the Ithaca Journal and file affidavits of publishing and posting in her office. Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board .(Aye) .(Aye) . (Aye) . .(Aye) . .(Aye) Floyd Ferris, Justice Charles Howell, Councilman James Kidney, Councilman Fred Spry, Justice Harris Dates, Supervisor Ordinance thereupon adopted as Ordinance #6. AN ORDINANCE :REGULATING THE USE OF THE TOWNDUMP, TOWN OF LANSING. Section 1. Legislative Intent. By the adoption of this ordinace, the Town Board of the Town of Lansing declares its intent to be to regulate in a manner consistent with the interest of the citizens of the Town of Lansing the dumping of garbage, rubbish, refuse and similar waste mater- ial on lands owned by the Town, and to provide for the disposal thereof on the established town dump. Garbage is a deleterious substance and garbage dumps emit obnoxious ordors and fumes. Unattended, private garbage dumps and disposal areas attract rodents and vermin and become breeding places for them. The process of burning garbage causes smoke and oxidized garbage to be given off into the air which the community breathes. All of these conditions adversely affect the development of the Town unless they are properly and carefully regulated. There- fore, recognizing the above and the need of the community for an adepa- ate and well regulated procedure for the disposal of garbage and rubbish, and in the exercise of its police power in these regards, the Town Board of the Town of Lansing does hereby enact the following ordinance. Section 2. Application. This ordinance shall apply to the dumping on lands within the Town of Lansing as are or may be lawfully established as a public dump or dumping grounds of the Town and thereon, only in the manner herein provided. Section 3. Dumping Prohibited. No person shall use any of the lands designated in the Town of Lansing as a dump or dumping grounds nor shall any person, throw, dump, deposit or place on such lands or cause to be thrown, dumped, deposited or placed on such lands any waste materials or waste substances such as bottles, cans, garbage, refuse, trash, rubbish, litter or any nauseous or offensive matter, nor dispose or attempt to dispose of any such materials, substances or matter by burying the same on such lands, or burring or incinerating the same on such lands, except as provided herein. Section 4. Town Dump, Restrictions on Use, a No person shall deposit or cause to be deposited any sub- stance of any kind on premises established as a public dump of the Town of Lansing, except at the place and in the manner directed by the Town Board or its duly designated representative. (b) The days and hours of dumping shall be designated by the Town Board and published as directed by said Board. (c) No deceased animals may be deposited at the dump. (d) Junk vehicles may be dumped by appointment only. (e) There shall be absolutely no dumping allowed by a regular garbage collector or by a construction company or excavating company unless permission is given by the Town Board or its duly designated representative under the authority of the Town Board. (f) There shall be absolutely no burning allowed on the dump. (g) No person shall deposit or cause to be deposited on the Tom Dump of the Town of Lansing any substance of any kind which originated or was collected from outside of the Town of Lansing. (continued) L. J C� (h) No person not residing in the Town of Lansing may deposit 11-5 any substance of any kind on the premises established as the public dump. Section Violation of Ordinance: Penalty. a) Any person who commits or permits any acts in violation of any of the provisions of this ordinance shall be deemed to-have committed an infraction against such Ordinance, and upon conviction shall be subject to a fine,of not more than $50.00 or imprisonment not exceeding 10 days, or by both such fine and imprisonment. (b) 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 this ordinance. Section 6. Saving 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 affect, 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 the controversy in which such judgment shall have been • rendered. Section 7. Effective Date. This ordinance shall take effect ten days after publication and posting or immediately upon personal service as provided by Section 133 of the Town Law. BY ORDER OF THE TOWN BOARD OF Dated: November 21, 1967 THE TOWN OF LANSING. Published: November 27, 1967 Posted: November 27, 1967 The Town Board at this time discussed the Hearing on the proposed Ordinance Licensing and Regulating Junk Yards which was held October 31, after which time the following Resolution was offered for adoption: WHEREAS, a public hearing has been held on a proposed ordinance licensing and regulating junk yards in the Town of Lansing on the 31st day of October 1967 at 8:00 o'clock P.M. in the evening thereof, and WHEREAS, all persons desiring to be heard, having been heard and three persons having made note of certain questions, now therefore be it RESOLVED on motion of Mr. Howell and seconded by Mr. Kidney that said Ordinance be and the same is hereby adopted and the Town Clerk be and she hereby is directed to enter same in the minutes of the Town Board, post same on the Town sign board and publish same in the Ithaca Journal and file affidavits of publishing and posting in her office. Vote of Town Board .........(Aye) Floyd Ferris, Justice Vote of Town Board ......,..(Aye) Charles Howell, Councilman Vote of Town Board .........(Aye) James Kidney, Councilman Vote of Town Board .........(Abstain) Fred Spry, Justice Vote of Town Board..........(Aye) Harris Dates, Supervisor Ordinance thereupon adopted as Ordinance #7. ORDINANCE LICENSING AND REGULATING JUNK YARDS Section 1. Legislative Int ment is declared to be of inhabitants and the safegu unwarrantable invasion and essential t +_ h 4 ent. A clean importance to arding of the in addition wholesome, attractive enviro- the health, and safety of the it material rights against such environment is deemed o e main enance and continued development of the economy of the Town of Lansing and the general welfare of its citizens. It is further declared that the unrestrained ar: cumulation of junk motor vehicles is a hazard to such health, safety and welfare of citizens of the Toun necessitating the regulation, restraint and elimination thereof. At the same time, it is recognized that the maintenance of junk yards, as hereinafter defined, is a useful and necessary business and ought to be encouraged when not in conflict with the express purposes of this section. Section 2. Definitions, as used in this Ordinance: — (a) The term "junk yard" shall mean any place of storage, or deposit, whether in connection with another business or not, where two or more unregistered, old, or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric, or otherwise, for the purpose of disposing of the same, or for any other purpose; such term shall include any area or place where there is a dumping, accumulation, collection or storage of waste, second- hand or used materials of whatever composition. (continued) 116 (b) "Motor Vehicle ", shall mean all vehicles propelled or drawn by power other than muscular power originally intended for use on public highways, (c) The term "person" shall mean any individual, association, partnership or corporation. Section 3. Requirement for operation or maintenance; No person shall operate, establish or maintain a junk yard until he (1) has obtained a license to operate a junk yard business and (2) has obtained a certificate of approval for the locationof such junk yard. Section 4. Application for License and Certificate of Approval. Application for the license and the certificate of approved location shall be made In— Waiting to the Town Board of the Town of Lansing, and, the application shall contain a description of the land to be included within the junk yard. Section 5. Exceptions: This Ordinance shall not apply to a regular garage business selling gasoline and oil and having a regular towing.service, or to a duly licensed dealer in new or used motor vehicles or farm equipment. Section 6. Hearing. A hearing on the application shall be held in the Town of Lansing, at the Town Hall thereof not less than two nor more than four weeks from the date of the receipt of the application. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once is a newspaper having a circulation within the town not less than seven days before the date of the hearing. Section 7. License Requirements: At the time and place set for hearing, the Town Board, shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish, or maintain the junk yard. In considering such application, it shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regu- lations concerning the proposed junk yard, to any record of convictions for any type of larceny or receiving of stolen goods, and to any other matter within the purposes of this section. Section 8. Location Requirements: At the time and place set for the hearing, the governing board of the town shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junk yard. In passing upon same, the Town Board shall take into account, after proof of legal ownership or right to such use.of the property for the license by.the applicant, the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other place of public gathering; and whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke or other causes. Section 9. Aesthetic Considerations: At the hearing regarding location of the junk yard, the Town Board may also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this considera -. tion, the Town Board may consider collectively the type of road servicing the junk yard or from which the junk yard may be seen, the natural or artificial barriers protecting the junk yard from view, the proximity of the proposed junk yard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junk yard. Section 10. Grant or denial of application: appeal: After the hearing the Town Board shall, within two weeks, make a finding as to whether or not the application shall be granted, giving notice of their findings to the applicant by mail at the address given on the application. If approved, the license, including the certificate of approved action, shall'be forthwith issued to remain in effect until the following January 1st. Approval shall be personal to the applicant and not assignable._ Licenses shall be renewed thereafter upon payment of the annual license fee without hearing, provided all provisions of this chapter are complied with during the license period, and the junk yard does not become a public nuisance under the common law and the applicant I s not convicted of any type of larceny or the receiving of stolen goods. The determination of the Town Board may be revised under article seventy - eight of the Civil Practice Law and Rules. Section 11, License Fee: The annual license fee shall be twelve dollars ti12.00 to be paid at.the time the application is made and annually thereafter in the event of renewal. In the event the application is not granted, the fee shall be returned to the applicant. The Town Board, in addition to the license fee, may assess the applicant with.the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and -may make the license conditional upon payment of same. (continued) LA Section 12, Fencing: Before use, a new junk yard shall be completely 117 surrounded with a fence at least eight feet in height which substantially screens and with a suitable gate which shall be closed and locked except during the working hours of such junk yard or when the applicant or its agent shall be within. Such fence shall be erected not nearer than twenty -five feet from a public highway or right -of -way. All motor vehicles and parts thereof, and other secondhand or used materials of whatever composition stored or deposited by the applicant shall be kept within the enclosure of the junk yard except as removal shall be necessary for the transportation of same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts, secondhand or used materials of whatever composition, and all burning shall be done within the enclosure of the junk yard. (a) Where the topography, natural growth of timber or other consid- erations accomplish the purpose of the fencing requirements hereunder, the fencing requirements may be reduced by the Town Board, upon granting of the license, provided, however, that such natural barrier conforms with the purposes of this ordinance. Section 13. Established junkyards: For the purpose of this ordinance, the location of junk yards, already established, shall be considered approved by the Town Board of the Town of Lansing where located and the owner thereof deemed suitable for the issuance of a license. Within sixty days from the passage of this ordinance, however, the owner shall furnish the Town Board the information as to the locationwhich is required in an application, together with the license fee, and the Town Board shall issue him a license valid until January 1, 1968, at which time,'such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this section including the fencing requirements set forth in subdivision twelve of this ordinance by January 1, 1969. Section_ 14. Management: —(a) The license must personally manage or be responsible for the management of the activity or business for which the license is granted. (b) Burning of auto parts and other materials collected, accumulated, store in, dealt in, by the licensee is hereby permitted tinder the rules and regulations of the Tompkins County Health Department or any other State or local agency having jurisdiction thereof. Section 15. Violation_ of Ordinance and Infraction_; Penalties Therefor: ' (a) The owner or licensee of any such place of business who commits or permits any acts in violation of any of the provisions of this ordinance shall be deemed to have committed an infraction against such ordinance, and also shall be liable for any such violation or the penalty thereof. Each week such violation shall continue or be permitted . to exist shall constitute a separate violation. (b) For every violation of any provisions of this ordinance the erson violating the same shall be subject to a fine of not more than 550.00 or imprisonment not exceeding 30 days, or by both such fine and imprisonment. (c) Conviction for any abovementioned violation shall constitute and effect an immediate forfeiture of the license. (d) In addition to the above provided penalties and punishment, the Toin Board may also maintain an action or proceeding in the name of the town in a court of competent purisdicion to compel compliance with or to restrain by injunction the violation of such ordinance. Section 16, Savings Clause: If any clause, sentence or part of this ordinance shall be adjudged by any court of competent jurisdicion to be invalid, such judgement shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof indirectly involved in the controversy in which such judgment shall have been rendered. •Section 17. Effective date: This ordinance shall take effect ten days after publication and posting as provided by the Town Law Section 1308 Dated: November 21, 1967 Published: November 27, 1967 Posted: November 279 1967 BY ORDER OF THE TOT,,TN BOARD OF THE TOWN OF LANSING$ Mr. Spry offered the following Resolution and moved its adoption: RESOLVED, that the Supervisor be authorized to make the following budgetary transfers: From General Fund $15,000.00 Highway Item #3 $6,997-07 Seconded by Mr. Kidney. To Highway Highway Highway Highway Highway Carri ed . Fund Fund Fund Fund Fund Item Item Item Item Item #1 $79880.96 #2 72.76 #4 4 , 2131.18 lA 2,765.10 #4 6,997.07 Il' t Section 11. License Fee: The annual license I?I NQTICETHA I THE FOLIAY fee shall be twelve dollars (512.00) to be aid at h., AN 'WAS OWN Eti BY TH_ P • Teri r1RD FTHETCIWN 01:'LANSING the time the application is made and annually In the event AT A REGULAR MEETING HELD ON thee app Ica tones event of re the fee shall be NOVEMBER 21, 1967, AFTER PUBLIC granted, HEARING AS REQUIRED BY LAW. returned to the applicant. The Town Board, in ORDINANCE LICENSING AND, addition to the license fee, may assess the REGULATING JUNK YARDS applicant with the costs of advertising such Section 1. Legislative Intent. A clean, application and such other reasonable costs wholesome, attractive environment Is declared incident to the hearing as are clearly to be of importance to the health, and safety of attributable thereto and may make the license the inhabitants and the safeguarding of .their conditional upon payment of same. material rights against unwarrantable invasion Section 12. Fencing: Before use, a new junk and, in addition, such environment is deemed yard shall be completely surrounded with a essential to the maintenance and continued fence at least eight feet in height which development of the economy of the Town of substantially screens and with a suitable gate Lansing and the general welfare of Its citizens. which shall be closed and locked except during It is further declared that the unrestrained the working hours of such junk yard or when accumulation of junk motor vehicles is a the applicant or its agent shall be within. Such hazard to such health, safety and welfare of fence shall be erected not nearer than twenty- ' citizens of the Town necessitating . the five feet from a public highway or right -of -way. regulation, restraint and elimination thereof. All motor vehicles and parts thereof, and other At the same time, it is recognized that the secondhand or used materials of whatever maintenance of junk yards, as hereinafter composition stored or deposited by the defined, is a useful and necessary business and applicant shall be kept within'the enclosure of ought to be encouraged when not in conflict the junk yard except as removal shall be with the express purposes of this section. necessary for the transportation of same in the Section 2. Definitions, as used in this reasonable course of the busines. Allavrecking Ordinance: or other work on such motor vehicles and (a) The term 'Junk yard" shall mean any parts, secondhand or used materials of place of storage, or deposit, whether in whatever composition, and all burning shall be connection with another business or not, where done within the enclosure of the junk yard. two or more unregistered, old, or secondhand (a) Where the topography, natural growth motor vehicles, no longer intended or in of timber or other considerations accomplish condition for legal use on the public highways, the purpose of the fencing requirements are held, whether for the purpose of resale of hereunder, the fencing requirements may be used parts therefrom, for the purpose of 'reduced by the Town Board, upon granting of reclaiming for use some or all of the materials the license, provided, however, that such therein, whether metal, glass, fabric, or natural barrier conforms with the purposes of otherwise, for the purpose of disposing of the this ordinance.. t same, or for any other purpose; such term shall Section 13. Established junk yards: For the include any area or place where there Is a purpose of this ordinance, the location of junk dumping, accumulation, collectioni or storage yards, already established, shall be considered of waste, secondhand or used materials of approved by the Town Board of the Town of whatever composition. Lensing where,loceted and the owner thereof (b) "Motor Vehicle" shall mean all vehicles deemed suitable for the issuance of a license. propelled or drawn by power other than Within sixty days from the passage of this muscular power originally intended for use on ordinance, however, the owner shall furnish public highways. the Town Board the information as to the (c) The term "person" shall mean any location which is required in an application, individual, association, partnership or together with the license fee, and the Town corporation. Board shall issue him a license valid until Section 3. Requirement for operation or January 1, 1968, at which time, such owner maintenance; person shall operate, may apply for renewal as herein provided. Such establish or maintain a junk yard until he (1) owner shall comply with all other provisions of has obtained a license to operate a junk yard this section including the fencing requirements business and (2) has obtained a certificate of set forth in subdivision twelve of this ordinance approval for the location of such junk yard. by January 1st, 1969. Section 4. Application for License and Section 14. Management: Certificate of Approval. Application for the (a) The license must personally manage or license and the certificate of approved, location be responsible for the management of the! shall be made in writing to the Town Board of activity or business for which the license is the Town of Lansing and, the application shall ranted. contain a description of the land to be included 8 (c) Burning of auto parts and other within the junk yard. materials collected, accumulated, store in, dealt Section 5. Exceptions: This Ordinance shall in, by the licensee is hereby permitted under not apply to a regular garage business selling the rules and regulations of the Tompkins gasoline and oil and having a regular towing County Health Department or any other State i service, or to a duly licensed dealer in new or or local agency having jurisdiction thereof. used motor vehicles orfermequipment. Section 15. Violation of Ordinance and j Section 6. Hearing: A hearing on the Infraction; Penalties Therefor: ,application shall be held in the Town of se (a) The owner or licensee of any such place Lansing, at the Town Hall thereof not less than of business who commits se permits any acts in two nor more than four weeks from the date of violation of any of � the provisions of this the receipt of the application. Notice of the ordinance shall be deemed to have committed hearing shall be given to the applicant by mail, an infraction against such ordinance, and also postage prepaid, to the address given in the shall be liable for any such violation or the application and shall be published once in a enact therefor. Each week such violation newspaper having a circulation within the town shall. continue or be permitted to exist shall i not less than seven days before the date of the constitute a separate violation. hearing. (b) For every violation of any provisions o[I Section 7. License Requirements: At the time this ordinance the person violating the same and place set for hearing, the Town Board, shall be subject to a fine of not more than" shall hear the applicant and all other persons $50.00 or imprisonment not exceeding 30 days, wishing to be heard on the application fora or by both such fine and imprisonment. license to operate, establish, or maintain the (c) Conviction for any abovementionedl' junk yard. In considering such application, it violation shall constitute and effect an shall take into account the suitability of the immediate forfeiture of the license.. l applicant with reference to his ability to d In addition to, the above provided comply with the fencing requirements or other. penalties and punishment, the Town Board reasonable regulations concerning the may also maintain an action or proceeding in proposed junk yard, to any record of the name of the town in ti court of competent convictions for any type of larceny or receiving jurisdiction to compel compliance with or to of stolen goods, and to any other matter within estrain by injunction the violation of such the purposes of this section. ordinance. Section 8. Location Requirements: At the Section 16. Savings Clause: If any clause, time and place se[ for the hearing, the sentence or part of this ordinance shall- be governing board of the town shall bear the adjudged by any court of competent applicant and all other persons wishing to be jurisdiction to be invalid, such judgment shall heard on the application for certificate of approval for -the location of the junk yard:rIn not affect, impair or invalidate the remainder passing upon same, the Town Board shall take thereof, but shall be confined in its operation to the clause, sentence, paragraph, into account, after proof of legal ownership or section or part thereof indirectly involved in the controversy right to such use•of the property for the license in which such judgment shall have been by the applicant, the nature and development rendered. of surrounding property, such as the proximity 'Section 17. Effective date: This ordinance of churches, schools, hospitals, public buildings shall take effect ten days after publication and or other places of public gathering; posting as provided by the Town Law Section whether or not the proposed location can be 130. ' reasonably protected from affectin y the ublic gy ORDER OF THE TOWN BOARDI health and safety by reason of offensive on OF THE TOWN OF LANSING. unhealthy odors or smoke or other causes. Dated: November 21, 1967 ! Section 9. Aesthetic Considerations: At the Jane C. Bush, Town Clerk hearing regarding location of the junk yard, Pub: Nov. 27, 1967 the Town Board may also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of . its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this consideration, the Town Board' may ! consider collectively the type of road servicing the junk yard orfrom which the junk yard may be seen, the natural or artificial barriers protecting the junk yard from view, the proximity of the proposed junk yard to established residential and recreational areas or main access routes thereto, as well as the �. reasonable availability of other suitable sites for the junk yard. Section 10. Grant or denial of application; appeal: After the hearing the Town Board shall, within two weeks, make a finding as to whether or not the application shall be granted, giving notice of their findings to the applicant by mail at the address given on the application. If approved, the license., including the certificate of approved action, shall be forthwith issued to remain in effect until the following January 1st. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed thereafter upon payment of the annual license fee without hearing, provided all provisions of this chapter are complied with during the license period, and the junk yard does not become a public nuisance under the common law and the applicant is not convicted of any type of larceny or the receiving of stolen ,goods. The •, determination of, the Town Board may be ..reviewed.- under article 'seventy -eight of nhe _C1Vi1'Pdactice Law and Rules. PLEASE TAKE NOTICE THAT THE FOLLOWING ORDINANCE WAS ADOPTED BY THE TOWN j30ARD OF THE TOWN OF LANSING AT A REGULAR MEETING ON NOVEMBER 21, 1967, AFTER PUBLIC HEARING AS REQUIRED BY LAW. AN ORDINANCE REGULATING THE USE OF THE TOWN DUMP, TOWN OF LANSING. Section 1. Legislative Intent. By the adoption of this ordinance, the Town Board of the Town of Lansing declares its intent to be to regulate in a manner consistent with the interest'of the citizens of the Town of Lansing the dumping of garbage, rubbish, refuse and similar waste material on lands owned by the Town, and to .provide for the disposal thereof on the establish d town dump. Garbage is a deleterious substance and garbage dumps emit ob!ic ious odors and fumes. Unattended, pro ate garbage dumps and disposal areas attract rodents and vermin and become, breeding places for them. The process of burning garbage causes smoke and oxidized ,garbage to be given off into the air which the community breathes. All of these conditions adversely affect the development of the Town unless they are properly and carefully regulated. Therefore, recognizing the above and the need of the community for an adequate and well regulated procedure for the disposal of garbage and rubbish, and in the exercise of its police power in these regards, the Town Board of the Town of Lansing does hereby enact the following ordinance. Section 2. Application. This ordinance shall apply to the dumping on lands within the Town of Lansing as are or may be lawfully established as a public dump or dumping grounds of the Town and thereon, only in the manner herein provided. Section 3. Dumping Prohibited. No person shall use any of the lands designated in the Town of Lansing as a dump or dumping grounds nor shall any person, throw, dump, deposit or place on such lands or cause to be' thrown, dumped, deposited or placed on such lands any waste materials or waste substances such as bottles, cans, garbage, refuse, trash,' rubbish, litter or any nauseous or offensive, matter, nor dispose or attempt to dispose of` any such, materials, substances or matter by burying the same on such lands, or burning or incinerating the same on such lands, except as provided herein. Section 4. Town Dump, Restrictions on Use. (a) No person shall deposit or cause to be deposited any substance of any kind on premises established as a public dump of the Town of Lansing, except at the place and in the manner directed by the Town Board or its duly designated representative. (b) The days and hours of dumping shall be designated by the Town Board and published as directed by said Board. (c) No deceased animals may be deposited at the dump. (d) Junk. vehicles may be dumped by appointment only. (e) There shall be absolutely no dumping allowed by a regular garbage collector or by a construction company or excavating company unless permission is given, by the Town Board or its duly designated representative under the authority of the Town Board. (f) There shall be absolutely no burning allowed on the dump. ' (g) No person shall deposit or cause to be deposited on the Town Dump of the Town of Lansing any substance of any kind which originated or was collected from outside of the Town of Lansing. ' (h) No person not residing in the Town of Lansing may deposit or cause to be deposited any substance of any kind on the premises established as the public dump. Section 5. Violation of Ordinance: Penalty. (a) Any person who commits or permits any acts in violation of any of the provisions of this ordinance shall be deemed to have committed an infraction against such Ordinance, and upon conviction shall be subject to a fine of not more than $50.00 or imprisonment. not 'exceeding 10 days, or by both such fine and imprisonment. (b) 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 this ordinance. Section 6. Saving 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 affect, 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 the controversy in which such judgment shall have been rendered. Section 7. Effective Date. This ordinance shall take effect ten days after publication and posting or immediately upon personal service as provided by Section 133 of the Town Law. BY ORDER OF THE TOWN BOARD 1 OF THE TOWN OF LANSING. Dated: November 21, 1967 Jane C. Bush, Clerk' November 27, 1967_, • \'I