A. Applicability: The provisions of this section apply to both residents and commercial operations. (2010 Code)
B. Definitions:
COMMERCIAL GARBAGE: Garbage produced in commercial establishments, public or quasi-public institutions or establishments, including restaurants, hotels, motels and similar establishments.
COMMUNITY WASTE: Lawn cuttings, clippings from bushes and shrubs, leaves and trees and tree branches.
CONTAINER OR REGULATION CONTAINER: A type of garbage or trash container of galvanized metal or other approved material and having a tightfitting lid or a properly and sufficiently treated weather resistant bag manufactured specifically for use in garbage and refuse collection.
GARBAGE: Waste from the preparation, handling, storing, cooking or consumption of food and food products.
REFUSE: 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: Garbage produced in places of private residence and dining halls not open to the public. (1980 Code §10-411; amd. 2010 Code)
C. Accumulation Of Garbage Prohibited: It shall be unlawful for any person or place of business to accumulate garbage or refuse, or cause garbage or refuse to be deposited upon any street or alley or upon any premises in the municipality without express permission from the building official, or his designated representative. (1980 Code § 10-415; amd. 2010 Code)
D. Containers:
1. Type: All garbage and refuse shall be placed in suitable and sufficient garbage receptacles, either receptacles with tightfitting lids or properly and sufficiently treated water resistant bags manufactured specifically for use in garbage and refuse collection, or plastic bags manufactured specifically for use in garbage and refuse collection. (1980 Code § 10-416; amd. 2010 Code)
2. Closing Required: All garbage and market waste must be placed in rainproof and flyproof receptacles of the type herein required, and the receptacle shall be tightly closed in such manner as to prevent offensive odors or flies. (1980 Code § 10-417)
3. Solid Waste Containerization And Removal:
a. All residences and businesses located in any area in which collection is by the town or approved contractors shall have sufficient container capacity to accommodate their normal volume of solid waste between collections.
b. All loose materials which normally fit into containers but which are in excess as a result of special circumstances such as holidays shall be bundled and tied securely to prevent them from blowing or scattering and shall be placed beside the containers.
c. Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the town. Failure to do so within five (5) days of such notification shall constitute a violation of this subsection. (1980 Code § 10-452; amd. 2010 Code)
E. Disposal Of Community Waste: Community waste may be disposed of by residents and business establishments in vehicles provided by them, subject to regulation by the governing body as to the places of disposal and as to the type of vehicle used to avoid spillage upon the public ways of the municipality, hazards to safety and the prevention of nuisances. (1980 Code § 10-419)
F. 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 town. (1980 Code § 10-420)
G. 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 municipality, 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. (1980 Code § 10-421)
H. Limitations Upon Dumping: Dumping waste and garbage shall be permitted only in such places as are designated by the governing body. Dumping shall be subject to such rules and regulations as may be formulated by the governing body. (1980 Code § 10-422)
I. Regulations May Be Adopted: The governing body may adopt such regulations as in its opinion are necessary to implement this section and its objectives. (1980 Code § 10-423)
J. Unauthorized Deposit Of Solid Waste: It shall be unlawful for any resident or any owner, manager or employee of a commercial establishment or institution to deposit solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. (1980 Code § 10-452; amd. 2010 Code)
K. Provision For Solid Waste Disposal And Storage Facilities At New Buildings:
1. Before building permits shall be issued for construction of commercial buildings and multiple dwelling units, plans for the adequacy, location and accessibility of solid waste containerization and storage facilities must be approved by the town.
2. No certificate of occupancy shall be issued for said premises until the town's approval of these facilities has been obtained. (1980 Code § 10-452)
A. Definitions: For the purpose of this section:
AUTHORIZED RECEPTACLE: A public or private litter storage and collection receptacle.
COMMERCIAL HANDBILL: 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 of 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 municipality; 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 distribution.
NEWSPAPER: Any newspaper of general or local circulation or any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public.
NONCOMMERCIAL HANDBILL: 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 definitions of a "commercial handbill" or "newspaper", as defined in this subsection.
PARK: A park, reservation, playground, beach, recreation center or any other public area in the municipality, owned or used by the municipality.
VEHICLE: 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. (1980 Code §10-431; amd. 2010 Code)
B. General Prohibition: No person or business shall post, stick, stamp, 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 lamppost, 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 the town.
C. Permit Requirements:
1. 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 subsection shall not be construed to apply to the sale of articles by licensed peddlers.
2. Application For Permit: Applications for such permit shall be made to the town 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.
3. Permits shall be issued only to persons of good character. The town shall make or cause to be made an investigation into the character of each applicant and shall report the results thereof to the town clerk before any such permit is issued. (1980 Code § 10-449)
D. Throwing Or Distributing In Public Places; Penalty: 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 and, upon conviction, subject to penalty as provided in section 1-4-1 of this code, 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. (1980 Code § 10-440; amd. 2010 Code)
E. Placing On Vehicles: Unless otherwise authorized by the governing body, 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. (1980 Code § 10-441)
F. Depositing On Uninhabited Or Vacant Premises: No person shall throw or deposit any commercial or noncommercial handbill in or on any private premises which is temporarily or continuously uninhabited or vacant. (1980 Code § 10-442)
G. Prohibiting Distribution 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 being the words "no trespassing", "no peddlers or agents", "no advertisements", or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or to have their right of privacy disturbed or to have any such handbills left on such premises. (1980 Code § 10-443)
H. Distributing 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 section, 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. (1980 Code § 10-444)
I. Exception For Mail And Newspapers: The provisions of this section 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. (1980 Code § 10-445)
J. 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 lamppost, public utility pole or shade tree, or on any public structure or building, except as may be authorized or required by law. (1980 Code § 10-446)
Loading...