CHAPTER 13:  SOLID WASTE MANAGEMENT
Section
   13-1   Definitions
   13-2   Refuse required to be deposited in approved containers
   13-3   Burning or burying garbage and refuse regulated
   13-4   Accumulation of garbage and refuse prohibited
   13-5   Containers required
   13-6   Precollection practices
   13-7   Placement of containers for garbage collection
   13-8   Unlawful to displace containers
   13-9   Special or bulk collections regulated
   13-10   Use of dumpster containers; private contracts for disposal
   13-11   Charges or fees
   13-12   Littering
§ 13-1  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUILDING MATERIAL SCRAPS.  Scrap building material from the construction, reconstruction, remodeling or repair of a building, walkway, driveway, sign and other structure, including but not limited to, excavated earth, tree stumps, rocks, gravel, bricks, plaster, concrete, lumber or any other similar material used in construction or the containers or wrappings therefor.
   GARBAGE.  All putrescible wastes, including animal and vegetable matter, animal offal and carcasses and recognizable industrial byproducts, but excluding sewage and human wastes.
   LITTER.  Any rubbish, waste material, cans, refuse, garbage, trash, debris, dead animals or discarded materials of every kind and description.
   REFUSE.  All nonputrescible wastes.
   SOLID WASTE.  Garbage, refuse, rubbish, trash and other discarded solid materials, including solid waste materials resulting from homes, business, industrial, commercial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as sale, dissolved or suspended solids in industrial wastewater effluent, dissolved materials in irrigation return flows or other common water pollutants.
   TREE TRIMMINGS.  Tree limbs, leaves, shrubbery trimmings and cuttings and all other trimmings from the natural growth of trees, shrubbery, weeds, plants or grass.
(Ord. passed 6-1-1995)
§ 13-2  REFUSE REQUIRED TO BE DEPOSITED IN APPROVED CONTAINERS.
   It shall be unlawful for any person to throw, place or deposit any garbage or refuse of any kind on any public or private property except in approved containers or as otherwise provided in this chapter.
(Ord. passed 6-1-1995)  Penalty, see § 1-5
§ 13-3  BURNING OR BURYING GARBAGE AND REFUSE REGULATED.
   It shall be unlawful to burn or set fire to or bury any garbage for the purpose of disposal. In addition, it shall be unlawful to burn any refuse for the purpose of disposal unless a permit therefor has been granted by the Fire Marshal.
(Ord. passed 6-1-1995)  Penalty, see § 1-5
§ 13-4  ACCUMULATION OF GARBAGE AND REFUSE PROHIBITED.
   All garbage and refuse shall be collected and placed in containers as required by this chapter. It shall be unlawful for any person to permit garbage or refuse to accumulate or remain on any premises longer than is reasonably necessary to remove and deposit same in approved containers required herein.
(Ord. passed 6-1-1995)  Penalty, see § 1-5
§ 13-5  CONTAINERS REQUIRED.
   (a)   All occupants of each premises, against which a charge for the collection and disposal of garbage and rubbish is levied in accordance with the provisions of this chapter, shall be provided a container by the town or by the contractor providing solid waste disposal services in accordance with a contract with the town. The occupants of such premises shall be required to deposit all garbage and refuse existing at such premises in the containers so provided, subject to the terms and conditions of this chapter. All containers so provided shall be kept in a reasonably clean manner.
   (b)   All occupants of each premises not wishing to participate with town collection services provided are required to contract with a solid waste disposal service.
   (c)   Owners or agents of owners with rental property/properties shall participate with the town solid waste program or participate with a solid waste contractor for solid waste disposal services.
(Ord. passed 6-1-1995)  Penalty, see § 1-5
§ 13-6  PRECOLLECTION PRACTICES.
   All garbage and refuse shall have the liquid drained therefrom and shall be wrapped in paper or other like material before it is placed in the container for collection. No ashes or cinders shall be deposited in any container until they are cold. Insofar as is possible, all garbage shall be bagged in plastic bags and placed in the containers.
(Ord. passed 6-1-1995)  Penalty, see § 1-5
§ 13-7  PLACEMENT OF CONTAINERS FOR GARBAGE COLLECTION.
   (a)   Containers shall be located in the street right-of-way only for the purpose of garbage collection. Rolling containers shall be clearly marked with the owner’s street address.
   (b)   Containers shall not be located in the street right-of-way earlier than noon on the day preceding scheduled collection and shall not remain within the street right-of-way after 10:00 a.m. on the day following collection.
   (c)   Containers located within the street right-of-way at other times or not properly marked are in violation of this section.
      (1)   First offense shall receive a written warning.
      (2)   Subsequent violations of this section shall be punishable by a fine as specified in the schedule of town fees, per occurrence.
(Ord. passed 7-3-2008)
§ 13-8  UNLAWFUL TO DISPLACE CONTAINERS.
   It shall be unlawful for any person to damage or otherwise interfere with garbage containers or their contents, or to take, carry away or steal any container with the intent or effect of depriving the owner and/or designated user of the use and benefit of said container for any period of time.
(Ord. passed 6-1-1995)  Penalty, see § 1-5
§ 13-9  SPECIAL OR BULK COLLECTIONS REGULATED.
   (a)   No trash, tree limbs, shrubbery, cuttings, leaves or any other refuse will be collected by the town except on designated collection days.
   (b)   No collection shall be made from vacant lots nor shall any large rocks, tree trunks, tree stumps, tree limbs of more than eight feet in length or other heavy objects be collected by the town. No waste building materials or lot clearings shall be collected by the town from houses or other structures under construction or recently completed.
(Ord. passed 6-1-1995)
§ 13-10  USE OF DUMPSTER CONTAINERS; PRIVATE CONTRACTS FOR DISPOSAL.
   (a)   Service locations requiring more than two garbage containers as described in § 13-5 shall be provided a dumpster container for their exclusive use. Service locations requiring dumpster containers may choose to allow the town to collect solid waste under the provisions of this chapter or they may choose to contract directly with a firm authorized to perform solid waste collection service within the town. On or before July 15 of each year, service locations choosing to decline solid waste dumpster service as provided by the town for the next fiscal year (July 1 through June 30) shall notify the town, in writing, of their intention to contract privately for disposal of said waste. Failure to notify the town of intentions to contract privately for disposal services shall be deemed an acceptance of town sponsored service in accordance with applicable fee schedules for the entire fiscal year.
   (b)   Contractors/builders are required to provide the following on all remodeling or new construction sites:
      (1)   A waste disposal container, minimum size eight feet by eight feet by four feet for materials such as treated lumber, roofing material, cans, glass and the like, which cannot be burned;
      (2)   The contractor/builder is responsible for the cost of the container rental/ownership and disposal. Proof of rental or ownership is to be provided to the town Inspection Department prior to the issuance of permits; and
      (3)   The appropriate container must be on the remodeling or new construction site within three days of the issuance of the permit for remodeling or new construction.
(Ord. passed 6-1-1995)
§ 13-11  CHARGES OR FEES.
   For the service of collecting and disposing of garbage and rubbish, the owner or occupant of each premises shall be charged such rates as may be established, from time to time, by the Board of Aldermen. Such charges shall be considered a debt to the town from the owner or occupant of the premises which uses the service. No owner or occupant of premises within the town shall be exempt from the collection and disposal service provided by the town except in accordance with the provisions of § 13-5(b) and (c).
(Ord. passed 6-1-1995)
§ 13-12  LITTERING.
   (a)   No person shall intentionally or recklessly throw, scatter, spill or place or intentionally or recklessly cause to be thrown, spilled, scattered or placed, or otherwise dispose of any litter upon any public property within the town or in the waters of the Atlantic Ocean or the waters contiguous to or within the boundaries of the town, including but not limited to any public highway, public park, beach, campground, forest land, recreational area, road, street or alley except:
      (1)   When such property is designated by the town for the disposal of garbage and refuse, and such person is authorized to use such designated property for that purpose; or
      (2)   Into a litter receptacle in such a manner that the litter will not be carried away or deposited by the elements upon any part of such public property or waters.
   (b)   The offender shall also be subject to a civil debt of $50 per day in addition to other penalties. No such civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation. Each day of the continuing violation shall constitute a separate violation.
(Ord. passed 6-1-1995)  Penalty, see § 1-5