CHAPTER 7 Health, Sanitation and Animals

ARTICLE I - Refuse, Rubbish and Weeds

ARTICLE II - Noise

ARTICLE III - Waste Systems

ARTICLE IV - Reserved

ARTICLE V - Reserved

ARTICLE VI - Animals

ARTICLE I Refuse, Rubbish and Weeds

Sec. 7-1-10. Definitions.

Sec. 7-1-20. Purpose and enforcement.

Sec. 7-1-30. Refuse and rubbish accumulation prohibited.

Sec. 7-1-40. Responsibility for collection and disposal of refuse and rubbish.

Sec. 7-1-50. Tampering with refuse containers.

Sec. 7-1-60. Hazardous waste.

Sec. 7-1-70. Containment in transit.

Sec. 7-1-80. Deposit on public or private property prohibited; littering.

Sec. 7-1-90. Appliance door removal required.

Sec. 7-1-100. Nuisances regarding weeds and brush.

Sec. 7-1-110. Nuisances regarding dead, dangerous and infested trees.

Sec. 7-1-120. Abatement of nuisances.

Sec. 7-1-130. Recovery of expenses; assessment.

Sec. 7-1-10. Definitions.

As used in this Article, unless the context otherwise requires, the following words, terms and phrases shall have the meanings ascribed to them in this Section. In the interpretation of the following definitions, it is the express intent of the Board of Trustees that definitions of garbage, junk, litter, refuse and rubbish be liberally construed to include like matters, materials, objects or substances, whether or not the same are specifically identified. It is further the expressed legislative intent of the Board of Trustees that such definitions not be considered mutually exclusive, and that in the interpretation of such definitions, it is recognized that any substance, material or object may constitute garbage, junk, litter, refuse and rubbish at the same time. Liberal construction of definitions is deemed necessary by the Board of Trustees in order to fulfill the public purpose of this Article.

Administrative Authority shall mean the Town Clerk, the Town Clerk's designee or such other administrative official appointed to perform inspection, removal or other duties and to promote the enforcement of this Article.

At the curbshall mean at or near the perimeter of the premises, whether or not there is a curb, but does not mean or permit placement on the sidewalk or in the street.

Brush shall mean woody shrubs not part of a planned and maintained landscape of either a highly structured, manicured type or a natural appearance.

Compost shall mean a mixture consisting of decayed or decaying organic matter to be used for fertilizing and conditioning soil.

Garbage shall mean solid wastes from the domestic and commercial preparation and handling of food and from the storage and sale of produce.

Hazardous waste shall mean any chemical, compound, substance or mixture that state or federal law designates as hazardous because it is ignitable, corrosive, reactive or toxic, including but not limited to solvents, degreasers, paint thinners, cleaning fluids, pesticides, adhesives, strong acids and alkalis and waste paint and inks.

Junk shall mean scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc and all other scarp metals and their alloys, and bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in the existing condition.

Litter shall mean and include any man-made or man-used waste that, if deposited within the Town other than in a refuse container, tends to create a danger to public health, safety and welfare or to impair the environment of the people of the Town. Litter includes any garbage, trash, refuse, confetti, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container, used construction materials, motor vehicles or parts thereof, furniture, appliances such as refrigerators, freezers, ranges, stoves, washers and dryers, carcass of a dead animal, nauseous or offensive (as related to the senses of a person of ordinary intelligence and reasonableness within the community) matter of any kind, or any object that does or may tend to injure any person or create a traffic hazard.

Occupant shall mean a person entitled to possession of a property or premises, whether or not the owner.

Owner shall mean the owner of record, whether an individual, individuals or entity, any agent or representative of the record owner.

Property shall mean and include the owner's lot or tract of land, whether improved or vacant, plus the area to the center of any alley abutting the lot or tract of land, easements of record, and the sidewalk, curb, gutter and parking areas of any street abutting such lot or tract of land.

Recyclable materials shall mean materials that are lawfully capable of being recycled and that are collected and segregated from other waste material for recycling, rather than for disposal. By way of example, recyclable materials include newspapers, magazines, plastic containers and bottles, glass containers and bottles and other materials bearing a "recyclable" symbol.

Refuse shall mean solid or liquid wastes, except hazardous wastes, whether putrescible or nonputrescible, combustible or noncombustible, organic or inorganic, including by way of illustration and not limitation, wastes and materials commonly known as trash, garbage, junk, debris or litter, animal carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, glass, rags, discarded clothes or wearing apparel of any kind, or any other discarded object not exceeding three (3) feet in length, width or breadth.

Refuse container shall mean a watertight receptacle of a solid and durable metal or nonabsorbent, fire-resistant plastic with a tightly fitting, insect- and rodent-proof cover of metal or plastic or a tightly secured plastic bag.

Rubbish shallmean solid wastes of a size larger than refuse, including by way of illustration and not limitation, large brush wood, large cardboard boxes or parts thereof, large or heavy hard trimmings, discarded fence posts, crates, vehicle tires, junked or abandoned motor vehicle bodies or parts, scrap metal, bedsprings, water heaters, discarded furniture and all other household goods or items, demolition materials, used lumber and other discarded or stored objects.

Weeds shall mean any unsightly, useless, troublesome or injurious plants, grass, brush or other noxious vegetation, but does not include flower gardens, shrubbery, vegetable gardens or grain pots. Weeds shall also include all rank vegetable growth that may conceal filthy deposits of rubbish, trash, garbage, junk or litter, or which may conceal any health hazards or unsafe conditions.

(Ord. 2007-07, 2007, §1)

Sec. 7-1-20. Purpose and enforcement.

(a)The purpose of this Article is to protect the public health, safety and welfare by regulating the accumulation, storage, transportation and disposal of refuse and rubbish to prevent conditions, including the accumulation of weeds, that may create fire and other health or safety hazards, harbor undesirable pests or impair the aesthetic appearance of the Town. Such conditions are hereby declared nuisances, and all violations of this Article shall be subject to the nuisance abatement and cost recovery provisions set forth herein. Regardless of whether the owner or an occupant is in possession of property, and regardless of any agreement between an owner and occupant regarding compliance with the provisions of this Article, the Town may seek to enforce the provisions of this Article against the owner, occupant or both, as the Town may elect.

(b)The Administrative Authority may, where reasonable cause exists, with or without a warrant issued by a court of competent jurisdiction, including the Municipal Court, enter upon any land to examine the same to ascertain whether any violation of this Article exists and to abate such violation in the manner provided in this Article. The Town, the Administrative Authority and each such designated agent of the Town shall be free from any action or liability on account thereof. Such authorization does not allow entry into any building or structure without consent, a court order or under other circumstances allowed by law.

(c)Notwithstanding the provisions of any zoning ordinance or other ordinance now or hereafter enacted authorizing certain uses or location of property, it is the intent of the Board of Trustees, and is hereby so declared, that any use, location or activity otherwise authorized by zoning ordinances or any other ordinance shall be subject to this Article prohibiting nuisances.

(Ord. 2007-07, 2007, §1)

Sec. 7-1-30. Refuse and rubbish accumulation prohibited.

(a)It is unlawful and is hereby declared a nuisance for any owner or occupant of any premises within the Town, whether business, commercial, industrial or residential premises, to fail to maintain the property in a clean and orderly condition in compliance with this Article, permitting no deposit or accumulation of refuse or rubbish other than the refuse or rubbish collected in conjunction with a business enterprise lawfully situated and/or licensed for such storage or collection, or the refuse or rubbish collected and stored for disposal in compliance with this Article. Composting shall be permitted, subject to all of the following requirements for the compost holding unit:

(1)Shall not exceed five (5) feet cubes (124 cubic feet) in volume;

(2)Shall be constructed of wood, wire, metal or plastic, excluding plastic bags, or in a pit not more than two (2) feet deep and five (5) feet in diameter;

(3)May be a stationary or rotating unit;

(4)Shall be located in the backyard, and shall be screened or fenced so that it is not readily visible;

(5)Shall be maintained to minimize odors; and

(6)Shall not be allowed to attract rodents or to become a health or safety hazard.

Composting in violation of the above specifications is unlawful.

(b)All refuse and rubbish stored on the premises shall be stored in refuse containers and the storage area shall be kept free of loose refuse. Any refuse or rubbish that by its nature is incapable of being stored in containers shall be neatly stacked and stored. The number and size of containers for refuse and recyclable materials shall be sufficient to accommodate the accumulation of refuse and recyclable materials from the property. Containers shall be secured and placed where they are not spilled by animals, wind or other elements and screened from view of the street.

(c)No person shall store or permit to remain on any business, commercial, industrial or residential premises owned or occupied by such person, any manure, refuse, animal or vegetable matter or any foul or nauseous liquid waste, refuse or rubbish that is likely to become putrid, offensive or injurious to the public health, safety or welfare, for a period longer than seven (7) days at any one (1) time.

(d)The property owner and contractors in charge of any construction site shall maintain the construction site in such a manner as to prevent refuse and rubbish from being carried by the elements to adjoining premises. All refuse and rubbish from construction or related activities shall be picked up at the end of each workday and placed in containers for disposal.

(e)The accumulation of refuse and rubbish that constitutes or may create a fire, health or safety hazard or harborage for rodents or be hazardous to persons is unlawful.

(Ord. 2007-07, 2007, §1)

Sec. 7-1-40. Responsibility for collection and disposal of refuse and rubbish.

(a)Each occupant and owner of any premises wherein refuse and rubbish is produced or accumulated shall be jointly and severally responsible to provide for collection and removal of refuse and rubbish in compliance with the requirements of this Article to maintain the premises in a clean and orderly condition.

(b)Refuse containers and containers for recyclable materials shall be kept off the street, curb, sidewalk and all other public ways, except on the scheduled day of collection, and then only for a maximum of twelve (12) hours before and twelve (12) hours after the scheduled time of collection.

(c)No waste container with a capacity of one (1) cubic yard or larger, including dumpsters, shall be stored on any street, alley or public right-of-way. Containers with a capacity of one (1) cubic yard or larger kept on private property shall only be kept upon a concrete or asphalt pad located behind any structure on the property, shall be kept in a clean and sanitary condition and shall not emit a foul or putrid odor.

(Ord. 2007-07, 2007, §1)

Sec. 7-1-50. Tampering with refuse containers.

(a)No person, other than the owner or occupant, or agent or employee of the owner or occupant, shall tamper with any refuse container or its contents, remove the contents of any refuse container or remove a refuse container from the location where the same has been placed by the owner or occupant.

(b)No owner of any dog, cat or other pet shall allow or permit such animal to damage or open any refuse container or scatter the contents.

(Ord. 2007-07, 2007, §1)

Sec. 7-1-60. Hazardous waste.

No person shall place hazardous waste in containers for collection or bury or otherwise dispose of hazardous waste on public or private property anywhere within the Town. Hazardous waste shall be disposed of at the County Health Department Hazardous Waste Collection Facility or other approved facility. No person shall cause or permit any toxic or flammable liquids or any waste containing crude petroleum or its products to be discharged into or upon any property, gutter, street, alley, highway, stormwater facility or watercourse or upon the ground, unless such liquid has undergone suitable treatment. This Section shall not apply to public agencies responding to an emergency or attempting to clean up a hazardous waste spill.

(Ord. 2007-07, 2007, §1)

Sec. 7-1-70. Containment in transit.

No person shall collect, transport or receive any refuse or rubbish within or upon any public streets in the Town or anywhere in the Town except in leak-proof containers or vehicles so constructed that no refuse or rubbish can leak or sift through, fall out or be blown from such container or vehicle. Any person collecting or transporting any refuse or rubbish shall immediately pick up all refuse and rubbish that drops, spills, leaks or is blown from the collecting and transporting container or vehicle and shall otherwise clean the place onto which any such refuse or rubbish was so dropped, spilled, blown or leaked.

(Ord. 2007-07, 2007, §1)

Sec. 7-1-80. Deposit on public or private property prohibited; littering.

(a)It is unlawful for any person to throw, discard or abandon refuse or rubbish upon premises not owned or occupied by such person without the consent of the owner thereof or the person occupying the same; provided, however, that any owner or occupant who provides private refuse containers for the purpose of collecting for disposal refuse from members of the public shall be deemed to have given consent for the deposit of refuse into such container. Materials deposited without consent of the property owner shall be deemed to have been discarded and abandoned if the same remains upon such premises for a period exceeding seventy-two (72) hours. Discarding and abandonment of any such materials shall be deemed to be permission by the owner thereof to the Town to remove the same and assess the costs of such removal against those persons discarding or abandoning the same in accordance with the provisions of Sections 7-1-120 and 7-1-130 below.

(b)It is unlawful for any person to throw or cause to be thrown, or permit anyone in his or her employ to throw, refuse or rubbish upon any public highway, thoroughfare, street, sidewalk or other public place. It is unlawful for any person to distribute or cause to be distributed, or permit anyone in his or her employ to distribute, any type of advertising in such a manner so as to cause the littering of any public highway, thoroughfare, street, sidewalk or other public place. It is unlawful for any person to sweep or cause to be swept, or cause anyone in his or her employ to sweep, from any store, office, warehouse, factory, hotel or any other building, occupied in whole or in part for commercial purposes, any refuse or dirt from such building onto any public highway, thoroughfare, street, sidewalk or other public place.

(c)It is unlawful for any person to deposit or throw any refuse or rubbish into any storm sewer or sanitary inlet that has a connection with public property. It is unlawful for any person to discharge out of or from, or permit to flow from, any house, structure or vehicle any foul or nauseous liquid or substance of any kind into or upon any adjacent ground, lot, street, alley, curb or storm sewer.

(d)It is unlawful for any person to drive, move or propel a vehicle, or to allow a vehicle owned by such person to be driven, moved or propelled, in such a manner as to permit or cause refuse or rubbish to be spilled, dropped or jostled onto any street, highway, thoroughfare, sidewalk or other public place; to load or allow a vehicle to be loaded so that the contents or any portion thereof are spilled, dropped or jostled from such vehicle; or to cause or permit any rubbish or refuse to be thrown from such vehicle onto any public highway, thoroughfare, street, sidewalk or other public place.