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19
. (Please Use this form for Filing your Local Law sun the Secretary instate/
Text of law should be given t,c amended.Do not Include matter being
eliminated and do not use italics or underlining to Indicate new matter.
Bola '
FLY of NEWFIELD
JOSS VEEP
Local Law No. 1 of the year 19 90
A local law.Regulation,of,Disposal,,Q ,491,1,4,14.4t3 A.Ls:mai—tax.o£..tht~awn.ofNewfield
(Insert title)
Be It enacted by the TWA.$Q40 of the
(Name of Legislative Body)
WIMP
n of Newfield, 7'omplei,r p..c9l>fiky.,.•.Nt'-M.m c astollows:
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Mime
SECTION 1. TITLE AND DECLARATION OF PURPOSE
A. This local law shall be known as the "Regulation of
Disposal of Solid Waste Local taw of the Town of Newfield".
B. The purpose of this local law is to prohibit the
disposal of solid waste at any location other than lawfully
authorized sites or facilities.
The Town Board of the Town of Newfield acknowledges the
growing costs and/or difficulties associated with the disposal of
solid waste and the resulting inclination of those who may seek
to avoid such costs and/or difficulties by depositing such
material along highways, vacant lots, on business sites, in
private dumpsters, on premises either publically or privately
owned, and other places. Such activities are hereby deemed to
pose an imminent hazard to the public health, safety, and welfare
of the residents of the Town of Newfield.
The adoption and vigorous enforcement of this local law is
intended to be an effective deterrent to unauthorized, unlawful
or indiscriminate dumping of solid waste.
SECTION 2. DEFINITIONS
A. The term "solid waste" shall mean all putrescible and
(:\ nonputrescible solid wastes, including papers, garbage, rubbish,
ashes, incinerator residue, street cleanings, dead animals,
demolition and construction debris, automotive bodies, tires, •
offal and solid commercial and industrial wastes, discarded
furniture or appliances, or any other thing or item whether in
solid or liquid form which is discarded by the owner or person
having possession of the same.
B. The term "dispose" shall mean to, discharge, deposit,
leave, inject, dump, spill, leak or place into or on any land or
water such solid waste or any constituent thereof.
C. "Unauthorized site" shall mean any place within the Town
of Newfield, including highways and public lands, which is not
duly licensed to receive the particular solid waste disposed of
therein by under applicable federal, state, county and town laws,
rules and regulations. Disposal of solid waste at a duly
I licensed facility without the consent of the owner or operator
shall be deemed disposal at an authorized site.
D. The term "person" shall mean any corporation,
partnership, or individual. .(1)
L
SECTION 3. PROHIBITED ACTIVITIES
A. It shall be unlawful for (i) any person to dispose of
any solid waste at any unauthorized site other than that owned by
such person, or (ii) permits, authorizes, directs, engages or
consents for another person to do so, with or without
compensation. Disposal of solid waste by an owner on such
owner's real property is subject to the provisions of the
Tompkins County Sanitary Code, the Public Health Law, the
Environmental Conservation Law, and Local Law No. 3 for 1988 and
Local Law No. 2 for 1987 as amended and any other municipal
ordinances, laws, or regulations.
Violation of this provision shall be a misdemeanor as
defined by §55.10(2) of the Penal Law of the State of New York.
B. It shall be unlawful for any person to permit such
person's real property or property leased by or to any person to
be used for disposal of solid waste by others, unless such real
property has been duly licensed for the disposal of the
particular solid waste. Accumulation and storage of solid waste
by a person on his own property is subject to the provisions of
Article IV of the Tompkins County Sanitary Code, Local Law No. 2
for 1987 and Local Law No. 3 for 1988 and any other state and
local laws as may apply.
Violation of this provision shall be a misdemeanor as
defined by §55.10(2) of the Penal Law of the State of New York.
It shall be a defense to the prosecution of this subsection
(B) that the owner has not given consent, was unaware of the
disposal and had provided written notice to the Town of Newfield
that solid waste has been unlawfully deposited on its property.
Such owner shall remove such solid waste only in a manner as
directed by the Town of Newfield.
SECTION 4. EVIDENCE
A. It shall be "prima facie" evidence of a person's
violation of Section 3A or 3B if
(i) Such solid waste contains items attributable to a
person's ownership of such unlawfully disposed solid waste
including but not limited to, discarded envelopes, magazine
labels, or other documents or items within such disposed solid
waste identifying such person by name;
(ii) It shall be no defense in the case of such proven
ownership, that the owner of the solid waste did not authorize
the disposal or was unaware of it being disposed by third
parties.
2
L SECTION 5. ENFORCEMENT AND PENALTIES
A. All provisions of this local law are enforceable by the
Town of Newfield.
B. Any person who commits a violation of Section 3(A) or
3(B) above is subject to arrest, and punishment upon conviction
for each offense as hereinafter provided:
a fine of not less than $250.00 nor more than $1,000.00
and/or a term of imprisonment not to exceed six months, together
with restitution based on costs of collection and hauling of
g any
unauthorized disposal of solid waste and the cost o t of restoration
to the premises upon which such disposal was made.
C. Enforcement shall be effected as follows:
(1) by a peace officer or police officer as provided
by the Criminal Procedure Law of the State of New York;
(2) by any code officer of the Town of Newfield by
issuance of an appearance ticket pursuant to Article 150 of the
Criminal Procedure Law of the State of New York.
`-' D. Civil Enforcement: Notwithstanding the penalties set
forth above, the Town of Newfield may institute a civil action to
obtain restitution to the Town of Newfield from such offender for
the actual costs incurred in rectifying the problem created by
the aforesaid violation or improper disposal of solid waste, or
to abate, enjoin, or otherwise compel cessation of the violation
of any provision of this law.
E. Disposition of Fines: Any fines collected shall be
payable to the Town of Newfield and shall be transmitted to the
State Comptroller as provided by law.
F. Separate--Offenses: Each separately contained disposal
of solid waste or large uncontained disposed items of solid waste
shall be deemed separate violations of this Local Law
notwithstanding when such items were actually disposed.
SECTION 6. ENTRY UPON PRIVATE PROPERTY
The Town of Newfield, its officials and code officers are
hereby empowered to enter upon p private property for
investigation, enforcement, and remediation of any violation of
this law.
SECTION 7. SEVERABILITY
A. The provisions of this law shall be interpreted
consistently with any other Local Law of the Town of Newfield.
In the event of any conflict with any other local law, the law
with the stricter penalty shall apply.
B. If any clause, sentence, paragraph, section, or article
of this local law shall be adjudged by any court of competent
3
jurisdiction to be invalid, such adjudication shall not affect,
impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph,
section, or article thereof directly involved in the proceeding
in which such adjudication shall have been rendered.
C. This local law shall be liberally construed to
effectuate its objectives and purposes.
SECTION 7. EFFECTIVE DATE
This local law shall take effect immediately upon the filing
of a copy with the Secretary of State pursuant to applicable
provisions of the Municipal Home Rule Law.
I
(4)
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City Town of was duly Y Passed by the
Village (Name of Legislative Body)
on 19 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage alter disapproval.)
1 hereby certify that the local law annexed hereto,designated as local law No. 1 of 19 90
IOW
of the ENE Town
of .Ntiwf is c},.,, was duly passed by the Town Board
Town (Name of Legislative Body)
YN1figK
linkdisappxomed
on Maxgh..7,4 19 WP and was,approved by the..TPW4.SuPPry j.PQT
xepasmdxknneltsappwaul Elective Chief Executive Officer*
and was deemed duly adopted on ....March..2a 19 .9.0...., in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the City Town of was duly Y passed by the
Village (Name of Legislative Body)
not disapproved
on 19 and was approved by the
repassed after disapproval Elective Chief ExecutiveOftker•
on 19 Such local law was submitted to the people by reason of a
mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on 19 , in accordance with the applicable
annual
provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
1 County
v of the
City of was duly passed by the
Village (Name of Legislative Body)
not disapproved
on 19 and was approved by the
repassed after disapproval Elective Chief Executive Officer•
on 19 Such local law being subject to a permissive referendum and no .
valid petition requesting such referendum having been filed, said local law was deemed duly adopted
on 19 ,in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a countywide basis or,if
there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town where such
officer is vested with power to approve or veto local laws or ordinances.
(5)
5. (City local law concerning Charter revision proposed by petition.)
t hereby certify that the local law annexed hereto,designated as local law No. of 19
�• of the City of having been submitted to referendum pursuant to the
provisions of of of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the keneral election held on
19 became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law annexed hereto,designated as local law No. of 19
of the County of , ,State of New York,having been submitted to the Electors at the
General Election of November ,19 ,pursuant to subdivisions S and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(if any other authorized form of final adoption has been followed,please provide an appropriate certifica-
tion.)
1 further certify that 1 have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph above.
Clerk of the County legislative body,City,Town or Village Clerk or
officer designated by local legislative body
Lois Minteer, Town Clerk
Date: March 29, 1990
(Seal)
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
•
ai%natnre
Towvi.Attquey
title
Date: March 29, 1990 111tH Eji
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Town
flint
•
(6)