LL #01-1969TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
LOCAL LAW No. L YEAR 1969
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A Local Law Prohibiting the Use of any Land Within
The Town of Wappinger as a Dump or Dumping Grounds,
Refuse Disposal Area, or as a Land -Fill Site or in
a Land -Fill Operation Excepting Lands Established
for Such Purposes by the Town Board
BE IT ENACTED by the Town Board of the Town of Wappinger as
follows:
Section 1. Legislative Declaration. A clean, wholesome,
attractive environment is declared to be of importance to the
health and safety of the inhabitants of the Town of Wappinger and
the safeguarding of their material rights against unwarrantable
invasion and for the protection of public health and, in addition,
such an environment is deemed essential to the maintenance and
continued development of the economy of the Town and the general
welfare of its citizens. It is further declared that the establish-
ment or operation of private dumps, dumping grounds, refuse disposal
areas, land -fill sties or similar land uses, is a hazard to such
health, safety, and welfare of the citizens of the Town; necessi-
tating the elimination thereof. At the same time, it is recog-
nized that the maintenance of a public dump, dumping ground, refuse
disposal area or land -fill site owned or operated by the Town is
useful and necessary. It is hereby declared that the prohibition
of private dumps, dumping grounds, refuse disposal areas or land-
fill sites, or other similar use of land for the deposit; burying,
or disposal of, in any matter whatsoever of offal, garbage, trash,
refuse, rubbish and like wastes, and that the maintenance of a
public dump, dumping grounds, refuse disposal area, or land -fill
site is necessary to provide a single confined area for disposal
of waste which will facilitate the inspection of facilities for
disposal of waste and facilitate the enforcement of sanitary
regulations.
Section 2. No lands other than lands of a public dump or
dumping ground hereto fore, or hereafter established by this town
shall be used as a dump, dumping ground, refuse disposal area or
as a land -fill site in said town.
Section 3. The use of land as a private dump, dumping
ground, refuse disposal area or land -fill site is prohibited and
the use of said land for the deposit, burying, or disposal in any
matter whatsoever of all offal, garbage, trash, refuse, rubbish
debris and like waste is also hereby prohibited.
Section 4. This local law shall not prohibit the estab-
lishment, by the Town Board, of public dumps, dumping grounds,
refuse disposal areas or land -fill sites owned or operated by the
town, from time to time.
Section 5. Any person violating the provisions of this local
law shall be guilty of an offense and shall be subject to a penalty
in the sum of not more than one hundred dollars ($100.00). Each
such deposit of waste material on lands within the Town of
Wappinger not established as a public dump, dumping grounds,
refuse disposal area, or land -fill site shall constitute a sepa-
rate violation of this local law. Each day such lands are so
_ used as a dump, dumping ground, refuse disposal area or land -fill
site shall constitute a separate violation. Each separate violation
shall be punishable as herein set forth.
The town board in the name of the town, or any person aggrieved,
may maintain a legal or equitable action or proceeding in any court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any provision of this local law.
Section 6. Validity. In the event that any portion of this
law shall be declared invalid or held unconstitutional, said
invalidity or unconstitutuionality shall not affect the remaining
provisions which shall remain in full force and effect.
Section 7. This local law shall take effect immediately.