Chapter 10.16
PROHIBITED DISPOSAL METHODS
Sections:
10.16.010 Abandonment of refuse on public property.
10.16.020 Disposal of refuse on private property.
10.16.030 Depositing in public sewer—Exception.
10.16.040 Obstructing flow of public sewers.
10.16.050 Discharge of pollutants into storm drain system prohibited.
10.16.060 Discharge of house refuse—Offal or wastes.
10.16.070 Nauseous matter prohibited.
10.16.080 Waste deposit—Special permit.
10.16.090 Scattering of dust prohibited.
10.16.100 Waste burial prohibited.
10.16.120 Importation of spoiled food prohibited.
10.16.130 Disposal of spoiled food.
10.16.140 Dead animal disposal.
10.16.150 Depositing debris in sewer system.
10.16.160 Obstructing sewer drains.
10.16.170 Entering sewer system prohibited.
10.16.180 Cleansing of grounds following circus or exhibition.
10.16.190 Other abandoned property.
10.16.010 Abandonment of refuse on public property.
No person shall abandon on any public space, public street, public alley, public right-of-way or public park any garbage, debris, paper of any type, foil of any type, tin cans, glass containers, broken glass, plastic containers, vegetable matter, putrescible matter, crockery, fiberglass or metal items, nails, iron cuttings, wire, furniture, appliances, carpeting, automotive or truck parts, tires, wood, construction material and filth. A violation of this section is a Class C offense. (Prior code § 10-22)
10.16.020 Disposal of refuse on private property.
A. No person shall maintain or abandon on his or her private or rented property or on other private property any garbage, debris, paper of any type, foil of any type, tin cans, glass containers, filth, broken glass, plastic containers, vegetable matter, putrescible matter, crockery, nails, iron cuttings and wire unless they are deposited and maintained in a refuse receptacle as described in Section 10.08.030.
B. No person shall maintain or abandon on his or her private or rented property or on other private property unless they be contained within or inside a permanent structure any household furniture, appliances, carpeting, automotive or truck parts, tires, bathtubs, sinks, wood or construction material.
C. A violation of this section is a Class C offense. (Prior code § 10-23)
10.16.030 Depositing in public sewer—Exception.
A. No person shall throw or deposit in or upon any public sewer or any trap, basin, inlet, grating, manhole or other appurtenances of any public sewer in the City any sticks, stones, brick, earth, gravel, dirt, mud, hay, straw, manure, rubbish, litter, seepings, offal, vegetables, garbage, trees, shrubs, branches, twigs, leaves, papers, cinders or refuse matter of any kind.
B. The provisions of this section shall not apply to matter discharged through a house sewer into a public sewer.
C. A violation of this section is a Class A offense. (Prior code § 10-24)
10.16.040 Obstructing flow of public sewers.
No person shall obstruct, impede or cause to be impeded or obstructed the flow of any public sewer, nor interfere with the free discharge or ventilation thereof, nor clog up any appurtenance thereof. A violation of this section is a Class A offense. (Prior code § 10-25)
10.16.050 Discharge of pollutants into storm drain system prohibited.
A. No person shall discharge any pollutant or toxic substance into any storm drain, public sewer or drainage system in the City.
1. “Pollutant” means any liquid, gaseous, solid, radioactive, hazardous or other substance which, when discharged directly or indirectly into the waters of the State in the City in a manner other than as authorized by applicable permits, regulations, or manufacturer’s instructions, has the potential to or does cause contamination or other alteration of the physical, chemical or biological properties of any waters of the State in the City or harm to human life, aquatic life or terrestrial plant and wildlife.
a. Pollutant includes, but is not limited to, motor oil, gasoline, kerosene, antifreeze, brake fluid, insecticide, herbicide, pesticide, chemical waste and toxic substance.
b. Waters of the State include both surface waters and groundwaters within the boundaries of the State of Maryland and subject to its jurisdiction, including storm drain systems and public drainage systems, other than sanitary sewer systems.
2. “Discharge” means directly or indirectly adding, introducing, leaking, spilling or emitting any pollutant in a storm drain, public sewer or drainage system or any other location, including natural and manmade land surfaces, subsurfaces, or other surfaces connected to these surfaces, where it is likely to reach waters of the State in the City.
B. A violation of this section shall be a Class AA offense.
C. This section is intended to supplement and not to contradict, supersede or prevent the enforcement of any applicable provisions of the law and regulations of the County, State and Federal government. (Prior code § 10-26)
10.16.060 Discharge of house refuse—Offal or wastes.
No person shall cast or throw, discharge or cause to flow, or permit such action, on or from premises under his or her control, on or into any street, road, alley, ditch, gutter or public place within the City, any house refuse, offal, garbage, dead animals or fowls, decaying vegetable matter or organic waste substance of any kind, nor any slops, greasy or soapy water or other liquids or offensive matter liable to become a source of nuisance after exposure to the atmosphere. A violation of this section is a Class B offense. (Prior code § 10-27)
10.16.070 Nauseous matter prohibited.
A. No person shall keep, collect, use or suffer to be in his or her house, cellar or premises any putrid or decaying animal or vegetable matter, nauseous liquids, stagnant water or other offensive matter.
B. No person shall keep any poultry or any birds or any animals of any description in such manner that the filth and stench therefrom shall become offensive to or annoy any neighbor or other person.
C. No person shall deposit or suffer to be deposited on his or her ground and premises any excrement or filth from vaults or privies, necessary house or water closets, nor any garbage, dead animals, fowls or fish, or parts thereof.
D. A violation of this section is a Class B offense. (Prior code § 10-28)
10.16.080 Waste deposit—Special permit.
No person shall deposit or bury the contents of any privy, cesspool or reservoir, privy or earth closet, nor the body of any dead animal, within the City, without a special permit from the Council. A violation of this section is a Class B offense. (Prior code § 10-29)
10.16.090 Scattering of dust prohibited.
No person shall shake, beat or otherwise treat carpets, rugs, floor coverings, garments, clothes linings, covers, furniture or other articles in a manner so as to cause dust to settle upon other premises or upon any street, avenue, park, square, road or reservation in the City within 200 feet of any home used for human habitation, occupation or assembly. No person shall deposit, place, sift, shake or otherwise treat ashes or other rubbish in a manner so as to cause dust to settle on other premises. A violation of this section is a Class D offense. (Prior code § 10-30)
10.16.100 Waste burial prohibited.
No person shall bury or deposit the contents of any privy, cesspool or earth closet on any public or private property within the City without a special permit from the Council. A violation of this section is a Class B offense. (Prior code § 10-31)
10.16.110 Open fires.
A. “Open fire” is any fire in which any material is burned in the open or a receptacle other than a furnace, incinerator or other equipment not in conformance with the design requirements of the applicable building code of Montgomery County or the air quality control regulations of the State of Maryland.
B. Montgomery County Code, Chapter 3, Air Quality Control, Sections 3-2 (Definitions) and 3-8 (Control or prohibition of open fires) and Chapter 22, Fire Safety Code, Section 22-88 (Open fires generally), as amended and in effect from time to time, shall apply in the City of Takoma Park.
C. The City of Takoma Park requests and authorizes Montgomery County to administer and enforce the requirements of Montgomery County Code set forth in subsection (B) of this section for the purpose of regulating burning by open fires in the City.
D. In addition to enforcement by Montgomery County, the City Manager, or his/her designee, is authorized to issue a notice of violation, stop work order or order to extinguish an open fire, or municipal infraction citation to any person who causes or allows a violation of this section. A violation of this section is a Class A violation. In addition to any other remedy allowed by law, the City may seek injunctive or other appropriate judicial relief to prevent or stop a violation of this section. (Ord. 2011-5 § 1, 2011)
10.16.120 Importation of spoiled food prohibited.
No person shall bring, or cause to be brought, any diseased, spoiled or decayed meat, fish, vegetables or provisions of any kind intended for food into the City. A violation of this section is a Class B offense. (Prior code § 10-33)
10.16.130 Disposal of spoiled food.
Any person having possession, custody or care of any organic animal or vegetable substances or provisions of any kind intended for sale as food but which have become unfit for this use shall forthwith remove the animal or vegetable substance or provisions to a place as may be designated by the Director of Public Works. A violation of this section is a Class B offense. (Prior code § 10-34)
10.16.140 Dead animal disposal.
All dead animals shall be disposed of in the manner prescribed by the Director of Public Works. A violation of this section is a Class B offense. (Prior code § 10-35)
10.16.150 Depositing debris in sewer system.
No person shall deposit or cause to be deposited, or place or cause to be placed, any soil, rocks, refuse matter or any other materials, matter or thing whatsoever in or upon any drain, watercourse, waterway, branch or sewer in this City. A violation of this section is a Class B offense. (Prior code § 10-36)
10.16.160 Obstructing sewer drains.
No person shall deposit, or cause to be deposited, or place, or cause to be placed, any soil, rocks, refuse matter or any other materials, matter or thing whatsoever in or upon any lot or lots adjacent to any drain, sewer, watercourse, waterway, branch or stream in this City in a manner so as to obstruct or cause to be obstructed, or prevent or cause to be prevented, or impede or cause to be impeded, the flow of any drain, sewer, watercourse, waterway, branch or stream. A violation of this section is a Class B offense. (Prior code § 10-37)
10.16.170 Entering sewer system prohibited.
No person except authorized persons shall enter into any manhole, enclosed sewer or enclosure used for the purpose of drainage of stormwater or sewage. A violation of this section is a Class B offense. (Prior code § 10-38)
10.16.180 Cleansing of grounds following circus or exhibition.
The owner of any ground in the City, who shall let the ground for any circus or other exhibition, shall, within 24 hours after the exhibition has left, clear and remove from the ground, to the satisfaction of the Director of Public Works, wastepaper and deposits of all kinds. This section shall not apply to deposits of substances not injurious to health on any place designated by the Mayor and Council as a public dump, where permission to make deposits is granted by the Mayor and Council. A violation of this section is a Class C offense. (Prior code § 10-39)
10.16.190 Other abandoned property.
Whenever any readily movable property of any kind, such as but not limited to furniture, appliances, personal effects and so forth, shall be abandoned or left in violation of any law, ordinance or order on public or private premises, it may be removed by order of the Mayor. (Prior code § 10-40)