Chapter 8.12 GARBAGE AND LITTER

“Commercial garbage” refers to garbage produced in commercial establishments, public or quasi-public institutions or establishments, including restaurants, hotels, motels and similar establishments.

“Community waste” means lawn cuttings, clippings from bushes and shrubs, leaves and trees and tree branches.

“Container” or “regulation container” means a type of garbage or trash container of galvanized metal or other approved material and having a tight-fitting lid or properly and sufficiently treated weather-resistant bag manufactured specifically for use in garbage and refuse collection.

“Garbage” means waste from the preparation, handling, storing, cooking or consumption of food and food products.

“Refuse” means all waste matter, except garbage, attending or resulting from the occupancy of residences, apartments, hotels, or other places of dwelling and from the operation of a business. Refuse shall not be deemed to include industrial waste or waste matter resulting from the construction, demolition or repair of a building or other structure.

“Residential garbage” refers to garbage produced in places of private residence and dining halls not open to the public. [Code 1986 § 10-411.]

8.12.020 No accumulation of garbage.

It shall be unlawful for any person to accumulate garbage or refuse or cause garbage or refuse to be deposited upon any street or alley or upon any premises in the town without express permission from the town health officer. The health officer may permit the feeding or processing of garbage or refuse upon premises properly equipped and maintained so as to prevent the creation of a nuisance or a hazard to health, or permit the depositing of ashes and other dry material for filling purposes at such places as the health officer may designate and under such restrictions as the town council may by regulation impose. Additionally, the health officer may grant to any person permission for sorting, baling and marketing trade waste upon premises properly equipped and maintained. [Code 1986 § 10-415.]

8.12.030 Closing of garbage containers required.

All garbage and commercial garbage must be placed in rainproof and flyproof receptacles of the type herein required, and the receptacles shall be tightly closed in such a manner as to prevent offensive odors or flies. [Amended during 2010 recodification; Code 1986 § 10-417.]

8.12.040 Disposal of community waste.

A. Community waste may be disposed of by residents and business establishments in vehicles provided by them subject to regulation by the town council as to the places of disposal and as to the type of vehicle used to avoid spillage upon public ways of the town, hazards to safety and the prevention of nuisances.

B. The town council from time to time may provide for the collection and disposal of such types of community waste as it may decide to collect and haul in connection with its regular garbage, waste collection and disposal service. In the event community waste disposal service should require a charge to be made by the town, the determination of the charge will be made by negotiation with the residents or business enterprises and the residents or business enterprises will be given an opportunity to choose from among services offered by persons other than the town. [Code 1986 § 10-419.]

8.12.050 Burning of refuse prohibited.

It shall be unlawful for any person to burn garbage, market waste, manure or other refuse in the open air or in any furnace or stove within the municipality. [Code 1986 § 10-420.]

8.12.060 Dumping refuse prohibited.

It shall be unlawful for any person to place, deposit, or dump garbage, ashes, market waste, paper boxes, cartons, trade waste, manure or night soil, or any other refuse upon any lot within the town whether such lot is occupied or vacant and whether such person so placing, depositing or dumping such refuse is the owner, tenant, occupant or lessor thereof or has the same under his jurisdiction and control. [Code 1986 § 10-421.]

8.12.070 Limitations upon dumping.

Dumping waste and garbage shall be permitted only in such places as are designated by the town council. Dumping shall be subject to such rules and regulations as may be formulated by the town council. [Code 1986 § 10-422.]

8.12.080 Regulations.

The town council may adopt such regulations as in its opinion are necessary to implement this article and its objectives. [Code 1986 § 10-423.]

Article II. Litter – Handbills

8.12.090 Definitions.

For the purposes of this article:

“Authorized receptacle” is a public or private litter storage and collection receptacle.

“Commercial handbill” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:

1. Which advertises for sale any merchandise, product, commodity, or thing;

2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest in sales thereof;

3. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. However, the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a license, where such license is or may be required by any law of this state, or under any ordinance of this town; or

4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.

“Garbage” means waste from preparation, cooking, or consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. Garbage originates primarily in kitchens, stores, markets, restaurants, hotels and other places where food is handled, stored, sold, cooked or consumed.

“Litter” is garbage, refuse, and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety, welfare or appearance of the town.

“Newspaper” is any newspaper of general or local circulation or any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

“Noncommercial handbill” is any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

“Park” is a park, reservation, playground, beach, recreation center or any other public area in the town, owned or used by the town.

“Refuse” is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes.

“Rubbish” is nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

“Vehicle” is every device in, on, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively on stationary rails or tracks. [Code 1986 § 10-431.]

8.12.100 Litter in public places.

No person shall throw or deposit litter in or on any street, sidewalk or other public place except:

A. In authorized receptacles for collection or in official municipal garbage dumps; or

B. For collection as authorized by the town council. [Code 1986 § 10-432.]

8.12.110 Placement of litter in receptacles so as to prevent scattering.

Persons placing litter in authorized receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements on any street, sidewalk or other public place or on private property. [Code 1986 § 10-433.]

8.12.120 Sweeping litter into gutters prohibited except as otherwise authorized by the town council.

No person shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. [Code 1986 § 10-434.]

8.12.130 Merchants’ duty to keep sidewalks free of litter.

No person owning or occupying any place of business shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business shall keep the sidewalk in front of their business premises free of litter. [Code 1986 § 10-435.]

8.12.140 Litter thrown by persons in vehicles.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter on any street or other public place, or on private property. [Code 1986 § 10-436.]

8.12.150 Truck loads causing litter.

No person shall drive or move any truck or other vehicle unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited on any street, alley or other public place. Nor shall any person drive or move any vehicle or truck, the wheels or tires of which carry onto or deposit on any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matters of any kind. [Code 1986 § 10-437.]

8.12.160 Litter in parks.

No person shall throw or deposit litter in any park except in authorized receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements on any part of the park or on any street or other public place. Where authorized receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. [Code 1986 § 10-438.]

8.12.170 Litter in lakes and fountains.

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere. [Code 1986 § 10-439.]

8.12.180 Throwing or distributing commercial handbills in public places.

No person shall throw or deposit any commercial or noncommercial handbill in or on any sidewalk, street or other public place. Unless otherwise authorized by the town council, it is an infraction for any person to hand out, distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street, or other public place for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. [Code 1986 § 10-440.]

8.12.190 Placing commercial and noncommercial handbills on vehicles.

Unless otherwise authorized by the town council, no person shall throw or deposit any commercial or noncommercial handbill in or on any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it. [Code 1986 § 10-441.]

8.12.200 Depositing commercial and noncommercial handbills on uninhabited or vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill in or on any private premises which are temporarily or continuously uninhabited or vacant. [Code 1986 § 10-442.]

8.12.210 Prohibited distribution of handbills where properly posted.

No person shall throw, deposit or distribute any commercial or noncommercial handbill on any private premises, if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: “No Trespassing,” “No Peddlers or Agents,” “No Advertisement,” or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left on such premises. [Code 1986 § 10-443.]

8.12.220 Distributing commercial and noncommercial handbills at inhabited private premises.

No person shall throw, deposit or distribute any commercial or noncommercial handbill in or on private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or on such private premises. However, in case of inhabited private premises which are not posted, as provided in this article, such person, unless requested by anyone on such premises not to do so, may place or deposit any such handbill in or on such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when prohibited by federal postal law or regulations. [Code 1986 § 10-444.]

8.12.230 Exemption for mail and newspapers.

The provisions of this article shall not apply to the distribution of mail by the United States, nor to newspapers except that newspapers shall be placed on private property in such a manner so as to prevent their being carried or deposited by the elements on any street, sidewalk, or other public place or on private property. [Code 1986 § 10-445.]

8.12.240 Posting notice prohibited.

No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or on any public structure or building, except as may be authorized or required by law. [Code 1986 § 10-446.]

8.12.250 Litter on occupied private property.

No person shall throw or deposit litter on any occupied private property, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements on any street, sidewalk or other public place or on any private property. [Code 1986 § 10-447.]

8.12.260 Litter on vacant lots.

No person shall throw or deposit litter on any open or vacant private property whether or not owned by such person. [Code 1986 § 10-448.]

8.12.270 Handbills and posters.

A. No person or business shall post, stick, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public, upon any sidewalk, curb, or any other portion or part of any public way or public place or any lamp post, electric light, telegraph, telephone or railway structure, hydrant, shade tree or tree-box, or upon the columns, trusses, girders, railings, gates or other parts of any bridge or other public structure or building, or upon any pole, box or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States, or state, and the ordinances of this town.

B. It shall be unlawful to distribute indiscriminately to the public by leaving at houses or residences in the town any cards, circulars, handbills, samples of merchandise, or any advertising matter whatsoever without having first secured a permit therefor. This section shall not be construed to apply to the sale of articles by licensed peddlers.

C. Applications for such permit shall be made to the clerk and shall contain a statement of the nature of the article, cards or advertisement to be distributed, the name of the applicant and the name of the manufacturer or distributor of such article or service advertised.

D. Licenses shall be issued only to persons of good character. The marshal shall make or cause to be made an investigation into the character of each applicant and shall report the results thereof to the clerk before any such license is issued. [Code 1986 § 10-449.]