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UntitledORDINANCE OF THE TOWN OF itiAPPINGER AS SET FORTH BELOW "NEWSPRINT ORDINANCE," SECTIO''N 1. This Ordinance is adopted pursuant Lo Section 130 of the Town Law of she State of New York for the promotion of public welfare and health and general welfare of the community, including the protection and preservation of the property of the Torn and all its inhabitants and of peace and good order in the controlling and regulating of newsprint disposal in the Town of Wappinger outside of the limits of any incorporated village therein and to provide for the enforcement thereof. SECTION 2, DEFINITIONS. For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall I ave the meaning given herein. Nben not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number and words in the singular number include the plural number. The word "Shall" is always mandatory and not merely directory. A. n. C. D. "Commercial Area" shall mean any area where business, industrial, or light manufacturing enterprises are located or operating, or any area not classified as residential. " Superintendent of Highway1° Highway Superintendent. shall mean or refer to the "Holiday10 shall mean that day in which a holiday is officially celebrated and recognized by the Town Board. "Operate" shall mean to pick up, collect, load or otherwise perform collection of refuse. E. "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind. F. "Private Property shall mean any property other than that used as a public highway. G. "Residential Area" shall mean an area primarily zoned and occupied for residential purposes. H. "Newsprint" shall mean any paper commonly called a newspaper. SECTION 3. PRECOLLECTION PRACTICES IN COLLECTIGN DISTRICTS. Separation of refuse. Garbage, ashes and other kinds of refuse shall be placed and maintained in separate containers except that refuse in the form of newspaper waste (discarded newspapers) shall be placed and maintained for pick up, collection and re- cycling as hereinafter provided. After adequate notice has been published, posted and publicized, for a respective collection district or particular collection area, it shall be mandator;, for persons who are owners, lessees or occupants of residential dwellings and persons hereinafter described in the enumerated subdivisions of this section, to separately bundle newspapers for pick up, collection and recycling. Said newspaper waste shall be compacted and securely bundled, tied and packed as hereinafter described in Subdivision (1) of this section. When refuse in the forms of discarded newspapers is placed within the vicinity of the curb for pick up, collection and recycling, it shall become the property of Superintendent of Highways, and any person other than an owner, lessee or occupant or representative of Super- intendent of Highway, or a person acting on behalf of any religious, charitable or veteran's organization having a charitie,, registration number with the New York State Department of Social Services, who picks up said refuse for his own use, shall be guilty of an infraction against this section. SECTION 4. POINTS OF COLLECTION A. In residential areas where curb service is provided, newsprint shall be placed for collection in a visible and accessible area between the sidewalk line and the curb line immediately in front of the premises. B. In residential areas where rear door service is provided, newsprint shall be placed adjacent to the main building (dwelling), and newsprint shall be placed at the curb area described in subsection A. above. Newsprint will not be collected if located inside any building or structure or behind locked gates. C. In commercial areas of any collection district, news- print shall be collected only from the curb area of the public highway immediately in front of such premises. No Town vehicle shall cross over or enter upon private property in any collection district for the purpose of collecting newsprint. SECTION 5. COLLECTIONS. Except as otherwise provided hereunder, Superintendent of Highways shall collect all news- print as often as possible during prescribed specified hours; i collection shall be made from receptacles when placed on or in front of any premises at such accessible locations as shall be approved by Superintendent of Highways which shall have the right to omit collections from any premises where a vicious dog is permitted to run at large or where Town employees are subject to any unnecessary danger or hazard. A. Residential. Collection from residential areas is re- stricted to the hours 6:30 a.m. to 6:30 p.m., ?Monday through Friday on scheduled days. B. Commercial. The following restrictions apply to collection practices of collection districts and are not to apply to private collection operations unless other- wise prescribed in this chapter. Collection from commercial or business areas are restricted to the hours of 7 a.m. to 6 p.m. Monday through Friday on scheduled days. SECTION 6. PROHIBITIONS, RESTRICTIONS AND REGULATIONS. A. No refuse shall be placed for collection before 7 p.m. on the day prior to collection. B. No employee of the Town in the course of his duties shall be required to enter a building or structure to gather or collect any refuse. No employee shall accept or receive any tip or gratuity for the performance of his duties or solicit money for any purpose in connection therewith. SECTION 7. COLLECTION AND DISPOSAL SUPERVISED BY SUPER- INTENDENT OF HIGHWAYS. All refuse accumulated in a collection district shall be collected, conveyed and disposed of under the supervision of the Superintendent of Highways which shall have the authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal as shall be found necessary, and to change and modify the same, after notice as required by law, provided that such regulations are not contrary to the provisions hereunder. SECTION 8. PENALTIES. Any person or persons, association or corporation failing to separate newsprint from other garbage and failing to comply with this ordinance is guilty of a violation punishable by a fine not exceeding $75.00. Adopted: Effective: Resolution moved by Lou Diehl Co -Sponsored by Lou Clausen