Chapter 108

LITTERING

[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown 3-19-1973 (Article 13 of the 1973 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Garbage and trash removal -- See Ch. 85.

Streets and sidewalks -- See Ch. 145.

~ 108-1. Purpose.

The provisions of this chapter are adopted for the purposes of prohibiting the throwing or depositing of litter in public places in the Town of Chestertown, regulating the distribution of commercial and noncommercial handbills, controlling the depositing of litter on private premises, providing a lien for town clearance and prescribing penalties for the violation of its provisions.

~ 108-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COMMERCIAL HANDBILL -- Any printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature which:

A. Advertises for sale any merchandise, product, commodity or thing;

B. Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales;

C. Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit, but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when any of the same is held, given or taking place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license where such license is or may be required by any law of this state or under any ordinance of this town; or

D. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as an advertiser or distributor.

GARBAGE -- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

LITTER -- All rubbish, waste material, refuse, garbage, trash, debris, dead animals or other discarded materials of every kind and description.

NEWSPAPER -- Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public.

NONCOMMERCIAL HANDBILL -- Any printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copy of any matter of literature not included in the aforesaid definitions of a "commercial handbill" or "newspaper."

PARK -- A park, reservation, playground, beach, recreation center or any other public area in the town owned or used by the town and devoted to active or passive recreation.

PERSON -- Any person, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE PREMISES -- Any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, step, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

PUBLIC PLACE -- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

REFUSE -- All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

RUBBISH -- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

TOWN -- The Town of Chestertown.

~ 108-3. Littering public places prohibited.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the town except in public receptacles, in authorized private receptacles for collection or in official town dumps.

~ 108-4. Use of public receptacles.

A. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

B. It shall be unlawful for any person to place residential or commercial trash or trash bags into public pedestrian receptacles. [Added 3-19-1990 by Ord. No. 1-90]

~ 108-5. Sweeping litter onto public places prohibited; property owners to maintain sidewalks free from litter.

No person shall sweep or deposit into any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

~ 108-6. Merchants to maintain premises and adjoining sidewalks free from litter.

No person owning or occupying a place of business shall sweep or deposit into any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the town shall keep the sidewalk in front of their business premises free of litter.

~ 108-7. Throwing litter from vehicles prohibited.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the town or upon private property.

~ 108-8. Trucks or other vehicles causing or depositing litter on public places prohibited.

No person shall drive or move any truck or other vehicle within the town unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the town whose wheels or tires carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.

~ 108-9. Throwing or depositing litter in parks or bodies of water prohibited.

A. No person shall throw or deposit litter in any park within the town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.

B. No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the town.

~ 108-10. Distribution of handbills.

A. Distribution in public places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the town, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the town for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.

B. Distribution on vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

C. Distribution on uninhabited or vacant premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which is temporarily or continuously uninhabited or vacant.

D. Distribution on private premises.

(1) Distribution prohibited where properly posted. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words "no trespassing," "no peddlers or agents," "no advertisement" or any similar notice indicating in any matter that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.

(2) Distribution at inhabited private premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, except that mailboxes may not be so used when so prohibited by federal postal laws or regulations.

(3) Applicability of provisions for mail and newspapers. The provisions of this subsection shall not apply to the distribution of mail by the United States nor to newspapers, as defined herein, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

~ 108-11. Posting of notices, posters or other devices on utility poles, shade trees or other public structures prohibited.

No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law.

~ 108-12. Littering occupied private property prohibited; maintenance of private receptacles authorized.

No person shall throw or deposit litter on any occupied private property within the town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

~ 108-13. Owners to maintain private property free from litter.

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

~ 108-14. Littering vacant lots prohibited.

No person shall throw or deposit litter on any open or vacant private property within the town, whether owned by such person or not.

~ 108-15. Removal of litter by town; procedures; costs and collection.

A. Notice to remove. The Mayor and Council are hereby authorized and empowered to notify the owner of any open or vacant private property within the town or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be sent by registered mail, addressed to said owner at his last known address.

B. Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within ten (10) days after receipt of such written notice provided for in Subsection A above or within twenty (20) days after the date of such notice in the event that the same is returned to the town post office because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Mayor and Council is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the town.

C. Charge included in tax bill. When the town has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the town. Said charge shall be due and payable by said owner at the time of payment of such bill.

D. Recorded statement constitutes lien. Where the full amount due the town is not paid by such owner within thirty (30) days after the disposal of such litter as provided for in Subsections A and B above, then and in that case the Mayor and Council shall cause to be recorded in the office of the Town Manager a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of six percent (6%) in the event that same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.

~ 108-16. Violations and penalties.

Any person violating any of the provisions of this chapter shall be deemed guilty of a municipal infraction subject to a fine as provided in ~ C11-4B of the Charter.