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All refuse, except rubble and recyclable materials, shall be stored either in “refuse containers”, as defined in § 5-2-1 of this chapter, or in “refuse storage rooms”, as defined in § 5-2-1 of this chapter, at a designated place on the premises, either inside or outside, easily accessible to refuse haulers within the town, and shall be properly concealed so as to not degrade the architectural and landscaping qualities of the premises. Concealment facilities shall be approved by the Department of Community Development.
(Ord. 4(1973) § 4(a); 1997 Code)
It is unlawful for any person to place garbage or any other putrescible material in any refuse container or refuse storage room unless the garbage or putrescible material is wrapped in paper or other material in such a manner as to prevent spillage or leakage.
(Ord. 4(1973) § 4(c))
Sections 5-2-4 through 5-2-6 of this chapter shall not prohibit any person from keeping building materials on any premises before or during the period of active construction, nor shall these sections be construed to prohibit any person from storing any materials used in the operation of a business which is located in an area allowing such a use to be carried on.
(Ord. 4(1973) § 4(d))
It is unlawful for any person to deposit, throw or leave any refuse on any public or private property or on any water or watercourse.
(A) Definition. PUBLIC OR PRIVATE PROPERTY as used in this section includes, but is not limited to the right-of-way of any road or highway, a body of water or watercourse, any park, playground, recreation area, building, parcel of property, (publicly or privately owned), refuse container or receptacle provided for private use.
(B) Defense. It shall be an affirmative defense that:
(1) The property where the refuse was deposited, thrown or left in an area designated by law for the disposal of such refuse and the person is authorized by the proper public authority to so use the property;
(2) The refuse was placed in a receptacle or container installed on such property for that purpose, and the person is authorized by the owner, provider or maintainer of the receptacle or container to use the same; or
(3) Such person is the owner or tenant in lawful possession of such property, or has obtained written consent of the owner in lawful possession, or the act is done under the personal direction of said owner or tenant.
(C) Owner responsibility. Whenever refuse is thrown, deposited, dropped or dumped from any motor vehicle in violation of this section the operator of said motor vehicle is presumed to have caused or permitted the refuse to be so thrown or deposited, dropped or dumped therefrom.
(Ord. 23(1977) § 1)
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