City Council:
AN ORDINANCE AMENDING CHAPTER 140-24
OF THE CODE OF THE CITY OF MOUNT VERNON
RELATING TO UNAUTHORIZED DUMPING; FINES
WHEREAS, in correspondence dated January 29, 2026, the Commissioner of the Department of Public Works formally requested authorization to amend Chapter 140, §140-24 of the Code of the City of Mount Vernon, relating to unauthorized dumping; fines provision, and to adopt new language in its place; and
WHEREAS, Chapter 140 of the Code of the City of Mount Vernon governs the regulation of garbage, rubbish, refuse, and related enforcement provisions; and
WHEREAS, §140-24 of the City Code addresses unauthorized dumping and establishes penalties for violations thereof; and
WHEREAS, the Department of Public Works has reviewed enforcement outcomes and field conditions related to illegal dumping within the City; and
WHEREAS, field experience has demonstrated that revisions to the existing penalty provisions are warranted in order to strengthen deterrence, clarify enforcement, and support effective prosecution of unauthorized dumping violations; and
WHEREAS, the Department of Public Works has recommended the adoption of a clear, graduated penalty schedule for violations of §140-24;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Mount Vernon as follows:
Section 1. Amendment of City Code. Chapter 140, §140-24 of the Code of the City of Mount Vernon is hereby amended to delete the existing penalty provision in its entirety and to adopt the following new language in its place.
Section 2. Repeal of Existing Language. The following language of Chapter 140, §140-24 is hereby repealed:
[Any person who violates the provisions of this section shall be liable for a fine of not less than $5,000 nor more than $20,000. In addition, every owner of a dump truck or other vehicle shall be liable for a fine of not less than $1,500 nor more than $10,000 for each offense of unlawful dumping described in §140-24 by any person using or operating the same in the business of such owner or otherwise, with the permission, express or implied of such owner.]
Section 1. Amendment to Chapter 140-24 (Unauthorized Dumping; Fines). Chapter 140, §140-24 of the Code of the City of Mount Vernon is hereby amended by repealing the existing penalty language in its entirety and replacing it with the following:
§140-24. Unauthorized Dumping - Penalties. Any person who violates the provisions of this section shall be liable for the following fines:
(1) First offense: Ten Thousand Dollars ($10,000);
(2) Second offense: Fifteen Thousand Dollars ($15,000);
(3) Third and each subsequent offense: Twenty Thousand Dollars ($20,000).
In addition, every owner of a dump truck or other vehicle shall be liable for a fine of not less than One Thousand Five Hundred Dollars ($1,500) nor more than Ten Thousand Dollars ($10,000) for each offense of unlawful dumping described in this section §140-24 by any person using or operating such vehicle in the business of such owner or otherwise, with the permission, express or implied, of such owner.
Section 2. Severability. If any clause, sentence, paragraph, subdivision, or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part thereof directly involved in the controversy.
Section 3. Effective Date. This amendment shall take effect immediately upon adoption by the City Council and subsequent approval by the Board of Estimate & Contract.
New Matter Underlined
Deleted Matter in Brackets [ ]