The following provisions shall apply to trash and junk within the town.
(A) Administration. The Town Council shall be responsible for the administration of this chapter as provided herein.
(B) Definitions. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ACCUMULATE. As it pertains to junk and trash, means any one of the following:
(a) Improperly collecting junk and trash in an inappropriate storage container; or
(b) Collecting junk and trash in an accumulation greater than three cubic yards.
COMPOST. The product produced by the process of composting vegetative matter and other types of organic material.
COMPOSTING. The biological treatment process by which microorganisms decompose the organic components of vegetative matter and other types of organic material under controlled conditions to produce a usable product.
JUNK. Refers to combustible and non-combustible waste materials; the term shall include paper, rags, tin, metals, residue from burning, household goods including, but not limited to, mattresses, furniture, minor and major appliances, clothing, and other household items not intended for exposure to rain and other inclement weather.
STANDARD CONTAINER. Sturdy tied plastic bags, durable metal, plastic, or similarly constructed containers designed for the storage of garbage. Food scraps and other household trash that attracts animals and/or rodents must be placed in a vermin-proof and waterproof container with a tight-fitting lid.
TRASH. Animal or vegetable waste resulting from handling, preparation, cooking, and consumption of food.
VISIBLE. Capable of being seen by a person of normal visual activity using the road or his or her own real property.
(C) Requirements.
(1) No person shall permit the accumulation of trash and/or junk:
(a) In a residential zone(s) per the town’s zoning ordinance; or
(b) Within 100 feet of any single-family residence; or
(c) Where such material is visible from any public road or right-of-way.
(2) It shall be a violation of this chapter for the owner, or anyone having a substantial property interest in real property, including open or vacant property, within the town to deposit or allow to remain on the real property any trash or junk, as defined above, which items might provide food or harborage for insects, rodents, pests, or pose a fire safety hazard.
(3) No person shall permit junk or trash to be situated on his or her property so that the material can be carried, by wind, to any highway, right-of-way, easement, or upon the property of any other person.
(4) Nothing in this chapter shall be deemed to apply to town owned or operated recycling, or salvage operations, or any other operation that is in compliance with the town’s zoning ordinance.
(5) Nothing in this chapter shall be deemed to apply to compost and composting.
(6) Nothing in this chapter shall be deemed to apply to the use of standard containers or dumpsters for the temporary containment of trash or junk awaiting disposal. Trash that attracts animals or rodents must be placed in a vermin-proof and waterproof container with a tight-fitting lid. Such containers shall be constructed, handled, and placed in a way that will not promote a safety or health issue.
(D) Abatement and fines. In the event that the violation is not cured within seven calendar days after the receipt of the notice of the designated violation, the person found violating this section may be assessed a fine up to $50 for each violation.
(E) Appeals. A property owner may contest the finding of a violation by filing a written request for appeal with the Clerk-Treasurer within two business days after the notice is received. A property owner must demonstrate that the trash or junk in question is not in violation of this chapter.
(Ord. 2023-05, passed 7-11-2023)