ARTICLE V. - ENVIRONMENTAL REGULATIONS

Sec. 8-140. - Poison ivy and Jimson weed.#

The owner or occupant of any land upon which there is any poison ivy or any Jamestown or Jimson weed within 50 feet of any highway or street shall cause such ivy or weed to be removed within five days after receiving notice to do so from the director of public works or building official.

(Code 1970, § 8-90; Ord. No. 2005-17, 9-6-2005)

Sec. 8-141. - Storage of rubbish, trash, debris and litter.#

The council and the administration of the town finds and declares that: (1)

The town has a history and reputation for well-kept properties, and that the property values and the general welfare of this community are founded, in part, upon the appearance and maintenance of properties.

(2)

There now appears the need for further emphasis on the maintenance of public and private property in a clean, litter-free and debris-free condition because locations throughout the town have been found to have been the site of littering, illegal dumping and accumulated garbage, refuse and rubbish.

(3)

The existence of such conditions is injurious and inimical to the public health, safety and welfare of the residents of this town and contributes substantially and increasingly to the problems of the necessity for expenditure for protection against hazards and diminution of property values, and the preservation of the public health, safety and welfare and that such problems are becoming increasingly direct and substantial in significance; and that the uses and abuses of property as described herein reasonably relate to the proper exercise of the inspection power in the protection of health, safety and welfare of the public.

(4)

Unless corrective measures are taken to alleviate such existing conditions and particularly to avoid future problems in this regard, the public health, safety and general welfare and specifically the property values and social and economic standards of this community will be depreciated; that the elimination of such conditions will enhance the appearance and value of such properties rather than be a burden on the owners thereof; and that elimination of such conditions will also appreciate the value and appearance of neighboring properties and benefit the use and enjoyment of properties in the general area and will improve the general welfare and image of the town.

(Code 1970, § 8-91; Ord. No. 2005-17, 9-6-2005)

Sec. 8-142. - Maintenance of areas around business premises.#

The owner or person in control of any public place, including, but not limited to, restaurants, shopping centers, fast food outlets, stores, motels, industrial establishments, office buildings, apartment buildings, multi-unit developments, and gas stations, shall at all times keep the premises clean of all litter, refuse, rubbish and trash, and shall take measures to prevent the same from being carried by the elements to adjoining premises. It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of such premises so as to permit it to accumulate litter, refuse, rubbish and/or trash.

(Code 1970, § 8-92; Ord. No. 2005-17, 9-6-2005)

Sec. 8-143. - Refuse and trash facilities.#

There shall be a sufficient number of trash receptacles installed on-site for customer use. Any so-called dumpster or trash receptacle, including, but not limited to, restaurants, shopping centers, fast food outlets, stores, motels, industrial establishments, office buildings, apartment buildings, multi-unit developments, and gas stations, shall be designed and constructed to be enclosed from public view and permit safe and easy removal of trash by truck or hand. Each dumpster or trash receptacle shall either be four-sided, or if three-sided, the open side shall be gated in a manner to prevent public view.

(Code 1970, § 8-93; Ord. No. 2005-17, 9-6-2005; Ord. No. 2018-3, 2-27-2018)

Sec. 8-144. - Refuse container maintenance.#

It shall be unlawful to maintain open refuse containers or receptacles or containers which are inadequate for the volume of refuse generated at the premises which the containers serve. It shall be the responsibility of the property owner and/or tenant and/or person in responsible charge of the premises to ensure that containers are adequate and covered, and that the area surrounding the containers is kept free and clear of garbage, refuse, rubbish, trash and litter. It shall be unlawful for any owner and/or operator and/or tenant to allow such garbage or refuse containers or receptacles to be overloaded or the contents thereof to remain in unsecured containers. In the event the contents of such containers shall become blown or scattered upon any public street or way, or upon or over nearby premises, the owner and/or operator and/or tenant of the premises served by such container or receptacle shall be responsible for gathering up any such blown or scattered material.

(Code 1970, § 8-94; Ord. No. 2005-17, 9-6-2005)

Sec. 8-145. - Accumulations of garbage, refuse or litter declared public nuisance.#

The accumulation of garbage, litter, refuse, rubbish, trash and other deleterious substances on the premises of private residences, commercial institutions, and in the streets and alleys can cause contagious and epidemic diseases and causes diminution in value of other property in the town, developed or undeveloped. The owner shall maintain said property free from garbage, litter, refuse, rubbish and trash as the same are hereinabove defined.

(Code 1970, § 8-95; Ord. No. 2005-17, 9-6-2005)

Sec. 8-146. - Junked vehicles and watercraft.#

No owner, operator or occupant of any building, structure, dwelling or dwelling premises, and no operator or owner of any motor vehicle or watercraft herein described, shall keep, park, store, or leave inoperative wrecked, junked, dismantled, being restored or rehulled motor vehicles or watercraft of any kind or parts thereof on any premises within the town, except in connection with a legally operated enterprise. For the purpose of this section, the term "inoperative, wrecked, junked, dismantled, being restored or rehulled" means any motor vehicle or watercraft that is unregistered, has no valid inspection sticker or is not validly registered with the state. The term "watercraft" includes any boat, ship, vessel or personal watercraft (i.e., jet ski) of any size propelled by motor or wind power. Kayaks, canoes and dinghies, if less than 13 feet in length, are exempt.

(Code 1970, § 8-96; Ord. No. 2005-17, 9-6-2005; Ord. No. 2013-48, 11-19-2013)

Sec. 8-147. - Inspections.#

(a)

The department of building inspection and/or department of public works shall make, or cause to be made, inspection trips at regular intervals to determine compliance with the provisions of this chapter. In the event a violation of these provisions is discovered, said department of building inspection and/or department of public works shall immediately take action to cite the owner and/or operator by personal service or by mail at the home or business address of such owner and/or operator.

(b)

For the purpose of this section, an offense shall be considered to have occurred on the first day for which a violation is cited, and the offender shall be subject to the penalty provided in section 8-148 for that day and for each succeeding day on which the violation continues unabated.

(Code 1970, § 8-97; Ord. No. 2005-17, 9-6-2005)

Sec. 8-148. - Penalties for environmental violations.#

(a)

The general penalties provided for by this section shall apply to violations of this section or any regulations made thereunder, except that any person electing to appear before the clerk of court, or mailing the same in lieu of personal appearance before the town municipal court, and admitting the violation charged, shall be punished by a fine as hereinafter respectively set forth:

Table 8-148. Penalties for Violation of Environmental Regulations Offense Fine

Improper or early placement of trash $25.00

Improper storage of commercial trash $50.00

Trash hauling without a license $100.00

Littering $50.00

Depositing garbage in container of another $50.00

Illegal dumping of over one cubic yard of litter $200.00

Illegal dumping of heavy litter $200.00

Violation of any state recycling regulation or statute $25.00

Scavenging $25.00

Violation of dumpster provisions $100.00

Accumulation of trash, junk, etc. $25.00

Improper storage of motor vehicles or watercraft $25.00

Other $25.00

For any offense hereinabove listed which shall continue without being abated, the above stated fines shall be the fine per day from the date of violation until the date said condition is abated.

(b)

In the event any of the foregoing stated fines are not paid or a plea of not guilty to the citation is not entered prior to the 18th day after the date of violation, said fines shall be doubled.

(Code 1970, § 8-98; Ord. No. 2005-17, 9-6-2005; Ord. No. 2006-12, 6-6-2006; Ord. No. 2013-48, 11-19-2013; Ord. No. 2016-12, 10-4-2016)

Sec. 8-149. - Payment of fines—Generally.#

A person charged with the violation of any environmental regulation relating to this article and notified to appear to answer such charge before the town municipal court may, in lieu of such appearance, elect to appear in person or by one duly authorized by him in writing, before the clerk of said court, admit the truth of said charge, and pay to said clerk the designated fine, provided that such appearance and payment is made at the office of said clerk during regular business hours within 18 days of such notification, and failure to so appear shall be deemed a waiver of the right to dispose of such charge without personal appearance in court.

(Code 1970, § 8-98A; Ord. No. 2006-12, 6-6-2006)

Sec. 8-150. - Payment of fines—Payment by mail.#

(a)

Any person charged with any violation of an environmental regulation, except as otherwise provided, may elect to mail said violation tag to the clerk of the town municipal court accompanied by payment of the designated fine and the name and address of the violator. Such privilege of paying the fine by mail shall be exercised within 18 days from the date of the offense by depositing the designated payment of such fine in a depository maintained by the United States Postal Service for the collection of mail, and the postage cancellation shall be prima facie evidence of the time of deposit.

(b)

In those cases where mail is used for payment of such fine, the payment may be in cash, by check, or by money order, and in those cases where payment is attempted with a check drawn against insufficient funds, an additional payment of $20.00 shall be imposed against the violator to defray administrative costs.

(c)

In those cases where payment is by cash, it shall be at the risk of the sender and the record of the clerk of the municipal court shall be conclusive as to the receipt and amount of the same.

(Code 1970, § 8-99; Ord. No. 2005-17, 9-6-2005; Ord. No. 2006-12, 6-6-2006)

Sec. 8-151. - Payment of fines—Effect of payment.#

The payment of a fine to the clerk of the municipal court as herein provided for the violation of an environmental regulation relating to this article shall operate as a final disposition of the charge, and such proceedings shall not be deemed criminal.

(Code 1970, § 8-100; Ord. No. 2005-17, 9-6-2005)

Sec. 8-152. - Payment of fines—Notice requirements.#

Notice of any environmental violation relating to this article shall indicate the offense charged, the schedule of fines for such violation, the time within which the privilege of paying such fine by mail may be exercised, the place to which such fine may be mailed, and such other information as will enable the person charged to take advantage of the provisions contained herein.

(Code 1970, § 8-101; Ord. No. 2005-17, 9-6-2005)

Sec. 8-153. - Effect of multiple violations relating to environmental regulations.#

Notwithstanding anything herein contained, disposition of an environmental violation charge relating to this article without personal appearance in the municipal court may not be exercised by any person who in the consecutive period of 12 months next preceding such charge has been three times in the aggregate adjudged guilty by the municipal court of any violation of any regulation relating to this article or has admitted the truth of charges made against him under the provisions thereof.

(Code 1970, § 8-102; Ord. No. 2005-17, 9-6-2005)

Sec. 8-154. - Failure to comply.#

Any person charged with the violation of any environmental regulation relating to this article who fails to make payment within 18 days as required, may, in the discretion of any justice of the town municipal court, be charged an additional sum of $25.00 to cover administrative costs which shall be payable to the clerk of said court.

(Code 1970, § 8-103; Ord. No. 2005-17, 9-6-2005; Ord. No. 2006-12, 6-6-2006)

Secs. 8-155—8-176. - Reserved.#