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LL #01-1977TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK LOCAL LAW NO.I,YEAR 1977 A Local Law regulating the use of Land within the Town of Wappinger as a dump or dumping grounds. BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: ARTICLE I PURPOSES AND APPLICATION Section 1.1 LEGISLATIVE INTENT. By the adoption of this local law, the town board of the Town of Wappinger declares its intent to be to regulate in a manner consistent with the interest of the citizens of the Town of Wappinger, the dumping of garbage, rubbish, refuse and similar waste material on the lands within the town. Garbage is a deleterious substance and garbage dumps emit obnoxious odors 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 condil. tions can adversely affect the development of the town unless they are pro- perly and carefully regulated. Therefore, recognizing the above and the need of the community for an adequate and well regulated procedure for regulations in the exercise of its police power in these regards, be it enacted by the Town Board of the Town Wappinger-as follows: Section 1.2 APPLICATION. This local law shall apply to dumping upon all lands, public or private, within this town, exclusive of lands lying within the Village of Wappingers Falls. ARTICLE II DEFINITIONS Section 2.1 DEFINITIONS. A. Person. The word person as used in this local law shall include an individual society, club, firm, partnership, corporation, or association of persons, and the singular cumber shall in- clude the plural number. B. Resident, The term resident as used in this law, shall mean those persons having their domicile within the limits of the said Town of Wappinger, Dutchess County, New York. C. Refuse. The term refuse as used in this law, shall include waste metal, metal cans, ashes, cinders, glass, pottery, paper, cardboard, rags, bottles, rubbish, wood, lumber, and all otherdiscardable substances, other than garbage. D. Garbage. The term garbage as used in this law shall include watte food, or parts thereof, vegetable matter of any kind, or any other matter which shall be capable of fermentation or decay, or which shall give off an odor. ARTICLE III PROHIBITED ACTIVITIES AND PENALITIES Section 3.1. DUMPING PROHIBITED. The use of private or public lands within the Town of Wapinger as a sanitary landfill site, dump, dumping ground, storage or disposal facility for refuse or garbage is hereby prohibited. Section 3.2. AUTOMOBILES PROHIBITED. No person shall carry or leave, or cause to be carried or left within the Town any automobile, vehicle, or any junk car either as a whole or dismantled, or any parts therefrom, including tires unless within a licensed junkyard. Section 3.3. DEAD ANIMALS AND FOWL. No person shall carry or leave or cause to be carried or left within the Town any dead animal or fowl. Section 3.4. No person shall carry or leave, or cause to be carried or left within the town any animal or fowl waste, excrement, discharge, secretion or feces. Section 3.5. DUMPING MATERIAL FROM OUTSIDE TOWN. The use of any lands within the Town of Wappinger as a dump, dumping grounds, storage or disposal facility for any, refuse, garbage, waste papers, rags, scraps of any kind or description or any discardel material commonly termed junk or trash where such items originate from outside the Town of Wappiner is hereby prohibited. Section 3.6. REMOVAL AND TRANSPORTATION. No person shall remove or transport or permit the removal or transportation of any offensive material within the town ofWappinger, except in such a manner or by such conveyance as will prevent the creation of a nuisance or the loss or discharge of such material in any public place except as otherwise provided herein. All such material shall be so handled and covered, so it cannot escape or be accessible to rodents, flies, or other insects or create a nuisance. Section 3.7. HOUSEHOLD USE. No provision of this law shall be deemed to prohibit an owner or tenant of real property from disposing of his own household refuse or garbage on his own land, provided that any such garbage or refuse shall be buried under at least six inches of soil. Section 3.8. VIOLATION. Any person who commits, causes or permits any acts in violation of any of the provisions of this Local Law shall be guilty of an offense and upon conviction shall be smbject to a fine of not more than fifty dollars or imprisonment not exceeding fifteen days or both such fine or imprisonment. Section 3.9. CIVIL REMEDY. In addition to the penalties provided herein, the Town Board may also maintain an action or proceeding in the name of the town in a courivfcompetent jurisdiction to compel compliance with or to restrain by injunction, the violation of this local law. Section 3.10. SAVING CLAUSE. If any cla section or part of this local law shall be ad competent jurisdiction to be invalid, such ju impair or invalidate the remainder thereof, b operation to the clause, sentence, paragraph, directly involved in the controversy in which been recorded. se, sentence, paragraph, udged by any court of gment shall not affect, t shall be confined in its section or part thereof such judgment shall have Section 3.11. All ordinacnes or regulations heretofore adopted in relation to dumping in the Town of Wappinger are still in force unless inconsistant with this local law, which shall prevail in the event of inconsistencies. Section 3.12. EFFECTIVE DATE. This local law shall take effect immediately upon compliance with the provisions of the Municipal Home Rule Law.