CHAPTER 91: WASTE, WEEDS AND SCRAP MATERIALS
Section
   91.01   Definitions
   91.02   Accumulation of solid wastes
   91.03   Dumping or littering on public or private property
   91.04   Transportation of solid waste within town
   91.05   Burning or burying solid waste
   91.06   Scrap materials; policy
   91.07   Accumulation of scrap materials
   91.08   Noxious growth
   91.09   Property owners; adequate waste receptacles
   91.10   Size, number and type of waste receptacles required
   91.11   Premises served by dumpsters
   91.12   Premises not served by dumpsters
   91.13   Special collections
   91.14   Miscellaneous
   91.15   Violations; abatement; notice; hearing; order
 
   91.99   Penalty
§ 91.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   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.
   PUBLIC WORKS DIRECTOR. The Public Works Director or any other person designated by the Manager to perform the functions and exercise the responsibilities assigned by this chapter to the Public Works Director.
   REFUSE. All solid wastes except garbage and solids that are dissolved or suspended commercial, or industrial waste effluent.
   SCRAP MATERIALS. Scrap materials are:
      (1)   Pieces or fragments of metal, wood, glass, masonry, plastic, textiles, rope, leather, rubber, paper or any other substance, that formerly were part of the construction of some useful object or thing or that consist of the excess resulting from the creation of some useful object or thing;
      (2)   Objects or things, including but not limited to machines, tools, equipment, hardware, furniture, appliances and the like, or parts of the same that are no longer in serviceable condition or are valuable only as raw material for reprocessing; or
      (3)   Motor vehicles or remnants thereof that:
         (a)   Do not display current license plates;
         (b)   Cannot without substantial repairs be made to operate in the manner originally intended; and
         (c)   Are valuable only as raw materials for reprocessing, but that do not constitute solid wastes as herein defined because they are or may be useful to or wanted by or have not been discarded by the person in control of the premises where they have been located.
   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).
   WASTES. All useless, unwanted or discarded materials resulting from domestic, industrial, commercial or community activities.
(1981 Code, § 11-1)
§ 91.02 ACCUMULATION OF SOLID WASTES.
   (A)   Subject to the qualifications contained in division (B) below, 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 §§ 91.09 through 91.14 below.
   (B)   Natural solid waste materials resulting from lawn or garden work, such as bush and tree trimmings, leaves, grass, stumps, dirt and stones may be allowed to accumulate or remain on premises under a person's control unless these materials become or threaten to become a fire hazard or a harboring place for rats, mice, snakes or other vermin or otherwise pose a danger to the public health or safety.
(1981 Code, § 11-2) Penalty, see § 91.99
§ 91.03 DUMPING OR LITTERING ON PUBLIC OR PRIVATE PROPERTY.
   (A)   No person may place, discard, throw, drop or deposit, or cause to be placed, discarded, thrown, dropped or deposited any solid wastes on:
      (1)   Any public street or sidewalk within the town or on any property owned or operated by the town or any other public property, except in properly designated receptacles; or
      (2)   Any property not owned by him or her without the consent of the owner, occupant or lessee thereof.
   (B)   Note: G.S. § 14-399 makes the acts prohibited in this section a misdemeanor, punishable by a fine of not more than $200. Therefore, this section may be enforced by the town only through civil penalties or injunctive relief.
(1981 Code, § 11-3) Penalty, see § 91.99
§ 91.04 TRANSPORTATION OF SOLID WASTE WITHIN TOWN.
   No person may transport or cause to be transported any solid wastes on the public streets of the town unless the solid wastes are so secured that no solid wastes escape from the transporting vehicle. In addition, any garbage so transported shall be carried in closed containers that prevent the escape of noxious odors or liquids.
(1981 Code, § 11-4) Penalty, see § 91.99
§ 91.05 BURNING OR BURYING SOLID WASTE.
   (A)   No person may burn or cause to be burned any garbage for purposes of disposal, and no person may burn or cause to be burned any refuse except as specifically authorized by any other provision of this code.
   (B)   No person may bury or cause to be buried any solid waste for purposes of disposal.
(1981 Code, § 11-5) Penalty, see § 91.99
§ 91.06 SCRAP MATERIALS; POLICY.
   The Council hereby declares that the uncontrolled accumulation of scrap materials on any premises constitutes a danger to the health, safety and welfare of the citizens of the town in that these accumulations can furnish shelter and breeding places for vermin, present physical dangers to the safety and well-being of children and other citizens, pose a danger of fire and depreciate property values or cause a loss of business by detracting from the appearance and character of residential and commercial neighborhoods.
(1981 Code, § 11-6)
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