A. Definitions:
CONTAINERS: Locally approved metal, heavy duty paper or plastic receptacles used for the disposal and storage of solid waste.
LITTER: Any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste which may be classed as trash, debris, rubbish, refuse, garbage or junk.
PRIVATE PROPERTY: Includes, but is not limited to, the following exterior locations owned by private individuals, firms, corporations, institutions or organizations: yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities.
PUBLIC PROPERTY: Includes, but is not limited to, the following exterior locations: streets, street medians, roads, road medians, catch basins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights of way, public parking lots, school grounds, municipal (town) housing project grounds, municipal (town) vacant lots, parks, beaches, playgrounds, other publicly owned recreation facilities, and municipal (town) waterways and bodies of water. (1980 Code §10-451)
B. Sweeping Into Gutters: 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. (1980 Code § 10-434)
C. Merchants' Duty To Keep Sidewalks Clear: No person owning or occupying a 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. (1980 Code § 10-435)
D. Vehicles Depositing Mud, Debris: No person shall drive or move any vehicle or truck, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind. (1980 Code § 10-437; amd. 2010 Code)
E. 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. (1980 Code § 10-438)
F. Lakes And Fountains: No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the town. (1980 Code § 10-439)
G. Pedestrians And Motorists:
1. It shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the town, except in containers or areas lawfully provided therefor.
2. It shall be the duty of every person distributing commercial handbills, leaflets, flyers or any other advertising and information material to take whatever measures from littering public or private property.
3. To facilitate proper disposal of litter by pedestrians and motorists, such publicly patronized or used establishments and institutions as may be designated by the town shall provide, regularly empty and maintain in good condition adequate containers that meet standards prescribed by the town.
H. Vehicles Transporting Loose Materials:
1. It shall be unlawful for any person, firm, corporation, institution or organization to transport any loose cargo by truck or other motor vehicle within the corporate limits of the town unless said cargo is covered and secured in such a manner as to prevent depositing of litter on public and private property.
2. The duty and responsibility imposed by subsection H1 of this section shall be applicable alike to the owner of the truck or other vehicle, the operator thereof, and the person, firm, corporation, institution or organization from whose residence or establishment the cargo originated.
3. In the prosecution charging a violation of subsection H1 of this section, lack of adequate covering and securing shall in itself constitute proof a violation has been committed.
I. Loading And Unloading Operations:
1. Any owner or occupant of an establishment or institution at which litter is attendant to the packing and unpacking and loading and unloading of materials at exterior locations shall provide suitable containers there for the disposal and storage of such litter and shall make appropriate arrangements for the collection thereof.
2. Further, it shall be the duty of the owner or occupant to remove at the end of each working day any litter that has not been containerized at these locations.
J. Construction/Demolition Projects:
1. It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of the construction or demolition project.
2. It shall be the duty of the owner, agent or contractor to have on the site adequate containers for the disposal of litter and to make appropriate arrangements for the collections thereof or for transport by himself to an authorized facility for final disposition.
3. The owner, agent or contractor may be required at any time to show proof of appropriate collection, or if transported by himself, of final disposition at an authorized facility.
K. Keeping Property Clean:
1. It shall be the duty of the owner, agent, occupant or lessee to keep exterior private property free of litter. This requirement applies not only to removal of loose litter, but to materials that already are, or become, trapped at such locations as fence and wall bases, grassy and planted areas, borders, embankments and other lodging points.
2. Owners, agents, occupants or lessees whose properties face on municipal sidewalks and strips between streets and sidewalks shall be responsible for keeping those sidewalks and strips free of litter.
3. It shall be unlawful to sweep or push litter from sidewalks and strips into streets. Sidewalk and strip sweepings must be picked up and put into household or commercial solid waste containers.
4. It shall be the duty of every nonresident owner of a vacant lot or other vacant property to appoint a resident agent who shall have responsibility for keeping that lot or other property free of litter.
5. If after due warning, citation or summons, an owner, agent, occupant or lessee fails to remove litter from any private property, the town is authorized to serve written notice to the owner or his appointed agent that if the condition is not corrected within ten (10) days, the property will be cleaned by the town and the owner or his appointed agent billed for the cost thereof. If the bill is not paid within thirty (30) days, execution may be issued by the town against the property for the amount of the cleaning charge, and such execution shall constitute a lien on the property until the claim has been satisfied. (1980 Code § 10-452; amd. 2010 Code)