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)