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TOWN OF HANCOCK
LOCAL LAW l OF THE YEAR 1991
A local law PROHIBITING THE OPERATION OF DUMPS AND DUMPING
Be it enacted by the Town Board of the Town of Hancock, Delaware County, New York as follows:
Section l. Title:
A Local Law prohibiting the operation of dumps and dumping.
Section 2. Declaration of Policy:
It is hereby determined by the Town Board that the operation of dumps for the disposal of garbage and rubbish, and the dumping of garbage and rubbish, is likely to constitute a hazard and menace to the health and safety of the residents of the Town of Hancock and it is therefore the intent of this Local Law to prohibit dumping and the operation of dumps in the Town of Hancock, pursuant to Section 130, subdivisions (6) and (15) of the Town Law of the State of New York.
Section 3. Definitions:
The term "person" as used in this Local Law shall include an individual, firm partnership, corporation (not including municipal corporations), or association of persons. The term "dump" as used in this Local Law shall mean a place used for the disposal and leaving of paper, garbage, trash, toxic chemicals and substances and other waste materials of any nature by the public or by any person.
Section 4. Restrictions:
(a) The operation or maintenance of a dump is hereby prohibited in the Town of Hancock.
(b) The dumping of paper, garbage, rubbish, trash, toxic chemicals and substances and other waste materials of any nature in the Town of Hancock except at a municipally operated transfer station or landfill is prohibited.
Section 5. Exception:
Nothing herein contained shall be deemed to prohibit any person from disposing of non-commercial or industrial rubbish, waste material, and garbage on property upon which such rubbish, waste material, and garbage is produced.
Section 6. Penalties:
Any person violating any of the provisions of this Local Law shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine not exceeding $l,000.00 for each offense or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. The Town Board shall also have the power to bring a civil action to restrain any violation of this Local Law in a Court of competent jurisdiction. When a violation of this Local Law is continuous, each 24 hours thereof shall constitute a separate and distinct offense.
Section 7. The invalidity of any Section or provision of this Local Law shall not invalidate any other Section or provision thereof.
Section 8. This Local Law shall take effect immediately upon filing with the New York State Secretary of State's Office.
I hereby certify that the local law annexed hereto, designated as local law No. 1 of 1991 of the Town of Hancock was duly passed by the Town Board of Feb. 6, l99l, in accordance with the applicable provisions of the law.
I further certify that I 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 l, above.
MELODY R. OLIVER
February 19, 1991
STATE OF NEW YORK
COUNTY OF DELAWARE
I, 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.
LEONARD E. SEINKO
TOWN ATTORNEY
TOWN OF HANCOCK,
February l9, 1991
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TOWN LAW