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
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
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
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.
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
Jesse W. Anderson
Frederick W. Bacon
Lynn R. Bedell
Richard J. Marek
Route 30, P.O. Box 36, Newfane VT 05345, Tel. (802) 365-7772
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