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Seal of Newfane, Vermont

TOWN OF NEWFANE

ORDINANCE FOR THE CONTROL OF LITTER

The Selectmen for the Town of Newfane hereby ordain:

Section 1. AUTHORITY
This ordinance is enacted pursuant to 24 VSA Section 2291(12). It shall constitute a civil ordinance within the meeting of 24 VSA Chapter 59.

Section 2. PURPOSE
It is the purpose of this ordinance to regulate the disposal of solid waste in the Town of Newfane in order to protect the public health, safety, and welfare and to promote the responsible use of resources and protection of the environment.

Section 3. DEFINITIONS
The relevant definitions set forth in 10 VSA Section 6602 are hereby incorporated into this Ordinance.

Section 4. REGULATION OF DISPOSAL OF WASTE MATERIAL A. Every person in the Town of Newfane shall be responsible for proper disposal of his/her own solid waste. A person shall not throw, dump, deposit, or cause to be thrown, dumped or deposited: bottles, crockery, cans, plastic, solid waste, junk, paper, garbage, tires, furniture, mattresses, box springs, unregistered and/or uninspected automobiles or parts hereof, refuse of whatever nature, or any noxious thing on lands of others, public or private, or into the waters or public highway. If the throwing, placing or depositing was done from a motor vehicle, except a motorbus, it shall be prima facie evidence that the throwing, placing or depositing was done by the driver of the motor vehicle.

B. The disposal of waste material, including solid waste and hazardous waste, is prohibited in the Town of Newfane except at a facility approved for such disposal under the provisions of 10 VSA Chapter 159 (Waste Management) or 24 VSA Chapter 61, Subchapter 10 (Junkyards). This provision shall not prohibit the temporary storage of waste material in a container designed to prevent release of such material pending collection of such waste for disposal at an approved facility.

C. Nothing in A. or B. Above shall apply to normal snow removal operations by the municipality.

Section 5. ENFORCEMENT A. The Traffic and Municipal Ordinance Bureau - Any person who violates any provision of Section 4 of this ordinance shall be subject to a civil penalty of up to $500.00 per day for each day that such violation continues. The Town Health Officer, First Constable, or any law enforcement officer may act as an issuing Municipal Officer and issue and pursue before the Traffic and Municipal Ordinance Bureau a municipal complaint for a violation of Section 4 of this ordinance.

B. Right to Civil Enforcement - In addition to the enforcement procedures available before the Traffic and Municipal Ordinance Bureau, the Municipality is authorized to utilize the procedures set forth in 24 VSA Chapter 61, Subchapter 12, (S2297 et seq.) Commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law.

Section 6. PENALTIES A. Civil Penalty of Ordinance Violation - An issuing Municipal Officer is authorized to recover civil penalties in the following amounts, in addition to the cost of clean up, for each violation of this ordinance. The amount and the date for acceptance of the civil penalty shall be affixed to the complaint or notice. First Offense $ 50.00
Second Offense $ 100.00
Third Offense $ 200.00
Fourth Offense $ 350.00
Fifth and Subsequent Offenses $ 500.00

B. Waiver Fees for Municipal Complaint - A waiver fee of one-half the civil penalty to which a violator is subject shall be assessed for those who admit or do not contest the ordinance violation. The amount and the date for acceptance of the waiver fee shall be affixed to the complaint or notice. First Offense $ 25.00
Second Offense $ 50.00
Third Offense $ 100.00
Fourth Offense $ 175.00
Fifth and Subsequent Offenses $ 250.00

Offenses shall be counted on the basis of any twelve month period.

Section 7. SEVERABILITY
If any portion of this ordinance is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected and shall remain in full force and effect. If any statute referred to in this ordinance shall be amended, this ordinance shall be deemed to refer to such amended statute.

This ordinance shall take effect sixty (60) days following its adoption by the Newfane Board of Selectmen unless a petition requesting voter approval is submitted within forty-five (45) days following adoption as provided in 24 VSA Chapter 1973.

Adopted by the Newfane Board of Selectmen Michael N. Rohan, Chairman
Jesse W. Anderson
Frederick W. Bacon
Lynn R. Bedell
Richard J. Marek

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Town Offices:
Route 30, P.O. Box 36, Newfane VT 05345, Tel. (802) 365-7772

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