CHAPTER 92: SOLID WASTE AND PROPERTY MAINTENANCE
Section
General Provisions
   92.001   Definitions
Control of Solid Wastes
   92.015   Accumulation of solid wastes
   92.016   Dumping or littering on public or private property
   92.017   Containers required to reduce litter
   92.018   Transportation of solid wastes and loose materials
Storage and Collection of Solid Wastes
   92.030   Property owners provide adequate solid waste receptacles
   92.031   Size, number and type of solid waste receptacles required
   92.032   Storage and collection practices
   92.032A      Recycle service
   92.033   Special collection problems
   92.034   Solid wastes the town will not collect
   92.035   Receptacles and containers to be safe
   92.036   Ownership of solid wastes
   92.037   Interference with solid wastes and receptacles
   92.038   Collection routes and schedules
   92.039   Compliance with Town Manager’s determination
Abandoned, Nuisance and Junked Motor Vehicles
   92.050   Abandoned, nuisance and junked motor vehicles
   92.051   Removal of abandoned, junked, and nuisance vehicles authorized
   92.052   Notice required before vehicle removed
   92.053   Notice required when vehicle removed; hearing
   92.054   Use of private towing operators
   92.055   Disposal of abandoned vehicles
   92.056   Disposal of junked vehicles
   92.057   Certain vehicles exempt
Property Maintenance and Nuisance Abatement
   92.070   Purpose
   92.071   High weeds, grass, and vegetation
   92.072   Junk and debris
   92.073   Debris from construction left on property
   92.074   Junk; removal
   92.075   Abatement of violations
   92.076   Civil penalties
   92.077   Appeals
   92.078   Disposal of vehicles
 
   92.999   Penalty
GENERAL PROVISIONS
§ 92.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONED MOTOR VEHICLE. A vehicle that meets any of the following conditions:
      (1)   Is left on public grounds or town-owned property in violation of a law or ordinance prohibiting parking.
      (2)   Is left for longer than two hours on private property without the consent of the owner, occupant or lessee of the property.
      (3)   Is left for longer than seven days on public grounds.
   ASHES. Residue resulting from the burning of wood, coal, coke or other combustible material.
   BUILDING MATERIALS. Any material such as lumber, brick, plaster, gutters, fences or other substances accumulated as a result of repairs or additions to existing buildings, construction or new buildings or demolition of existing structures.
   BULK CONTAINER. A metal container designed for the storage of solid wastes pending collection and constructed so that it can be emptied mechanically by a solid waste collection vehicle. As used in this chapter, the term also includes a portable packing unit.
   BUSINESS TRASH. Any waste accumulation of dust, paper and cardboard, excelsior, rags or other accumulations, other than garbage or household trash, which are usually attendant to the operation of stores, offices and similar businesses.
   CHRONIC VIOLATOR. A person who owns property whereupon, in the previous calendar year, the town gave notice of violation of this chapter at least three times under any provision of this chapter.
   CODE ENFORCEMENT OFFICER. The persons assigned by the Town Manager to carry out the duties of enforcing the code of ordinances for the town.
   COMMERCIAL ESTABLISHMENTS. Any retail, manufacturing, wholesale, institutional, religious, governmental or other nonresidential establishment at which garbage or trash may be generated.
   DEBRIS. Remains of anything broken, broken down, taken apart, damaged or destroyed including but not limited to litter or trash.
   ESTABLISHED DRIVEWAY. An area that is paved, graveled, bare of vegetation or otherwise clearly indicative of the area that is normally used for vehicles to enter onto or exit from real property from or to a public or private street.
   GARBAGE. All solid wastes capable of being rapidly decomposed by microorganisms, including but not limited to animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, as well as animal offal and carcasses, but excluding sewage and human wastes.
   HAZARDOUS REFUSE. Material such as cleaning fluids, crankcase oils, cutting oils, paints, explosives, acids, caustics, poisons, drugs, radioactive products, infected materials, offal, fecal matter and any other material meeting the definitions set forth in 40 CFR 261.3.
   HOUSEHOLD TRASH. Every waste accumulation of paper, sweepings, dust rags, bottles, cans, cardboard, plastic, small pieces of wood, rubber, leather or other matter of any kind, other than garbage and yard trash, which is usually attendant to housekeeping.
   INDUSTRIAL WASTES. All wastes, including solids, semi-solids, sludges and liquids resulting directly from industrial, processing or manufacturing operations.
   JUNK. Worn out or discarded metal, old iron, used plumbing parts or fixtures, other metals, automobile parts, chains, copper, machines or parts of machinery, bottles, rags, tallow, hide, worn-out tires, broken glass, aluminum, tin or other sharp, pointed, jagged or rusted metal or other articles commonly known as JUNK. In addition JUNK means household appliances and upholstered furniture and mattresses not designed or manufactured for outdoor use.
   JUNKED MOTOR VEHICLES. A motor vehicle that does not display a current license plate and that:
      (1)   Is partially dismantled or wrecked; or
      (2)   Cannot be self-propelled or moved in a manner in which it was originally intended to move; or
      (3)   Is more than five years old and appears to be worth less than $500.
   MOTOR VEHICLES. Any machine designed or intended to travel over land or water by self-propulsion or while attached to a self-propelled vehicle.
   PERSON. Any natural person, corporation, partnership, authority created by statute, association or other entity of combination thereof.
   PORTABLE PACKING UNIT. A metal, solid waste storage container that contains a packing mechanism and an internal or external power unit.
   REFUSE. Solid waste accumulations consisting of garbage, household trash, yard trash and business trash as defined in this section.
   REFUSE RECEPTACLE. A container that meets the requirements of § 92.031.
   SMALL DEAD ANIMALS. Cats, dogs, small household pets and other animals of similar size.
   SOLID WASTES. Wastes that are nongaseous and nonliquid (except that liquid wastes resulting from the processing of food are deemed solid wastes for the purposes of this chapter).
   SOLID WASTE RECEPTACLES. Bulk containers, refuse receptacles and yard trash containers.
   TOWN MANAGER. The Town Manager and or his or her designee is authorized to perform the duties and responsibilities as prescribed in this chapter.
   TREE TRIMMINGS. Waste accumulation of tree branches, tree limbs, parts of trees, leaves or other matter usually created as refuse in the care of trees and bushes.
   WASTES. All useless, unwanted or discarded materials resulting from domestic, industrial, commercial or community activities.
   YARD. Land area immediately adjacent to the primary building on the premises. YARDS are broken into front, rear, and side. FRONT YARDS extend from the architectural front of a building to the fronting street or right-of-way. SIDE YARDS extend from the sides of a building to a street right-of-way or property line. REAR YARDS extend from the back of a building to a property line or right-of-way. If there is not a building on the property, the entire property shall be deemed the front yard.
   YARD DEBRIS. Waste accumulation of lawn, grass and shrubbery cuttings or clippings, free of dirt, rocks, large branches and bulky or noncombustible material.
   YARD DEBRIS CONTAINERS. Securely sealed plastic bags, 32-gallon trash containers or four- foot by four-foot tarp.
(‘87 Code, § 11-1) (Am. Res. 2018-04, passed 5-17-18; Ord. passed 1-10-2022; Ord. passed 3-19-2024)
CONTROL OF SOLID WASTES
§ 92.015 ACCUMULATION OF SOLID WASTES.
   (A)   No person may cause, suffer or permit solid wastes to accumulate or remain on premises under his or her control except in accordance with the provisions of §§ 92.030 through 92.999 of this chapter. The remaining divisions of this section are not intended to limit the generality of the foregoing.
   (B)   It shall be the responsibility of the general contractor to see that all construction and demolition contractors keep the site in as reasonably clean and litter free condition as possible for a construction or demolition site. All loose debris, paper, building material waste, scrap building materials and other trash produced by those working on the site shall be containerized or disposed of in any other reasonable manner by the contractor. Dirt, mud, construction materials or other debris deposited upon any public or private property as a result of construction or demolition shall be immediately removed by the contractor.
   (C)   All commercial establishments shall, particularly with respect to their loading and unloading areas, store their refuse in containers so as to eliminate wind driven debris and litter in and about the establishments. Approved methods of containerization include refuse receptacles and bulk containers. Spillage and overflow shall be immediately cleaned up by the establishment.
   (D)   The person in possession of property shall maintain the property, including sidewalks, grass strips, one-half of alleys, curbs or rights-of-way up to the edge of the pavement of any public street, in a clean and litter-free manner.
   (E)   Parking lots shall be maintained by the person in possession in a clean, litter-free manner, with all trash generated therein containerized and prevented from spreading to adjoining property. It shall be the responsibility of the person in possession of the parking lot to collect the refuse and trash deposited on the lot and place this material in containers serviced by the town or a private contractor.
(‘87 Code, § 11-2) (Am. Res. 2018-04, passed 5-17-18; Ord. passed 3-19-2024) Penalty, see § 92.999
Cross-reference:
   For special cleaning or repairs and requirements, see § 94.24
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