[HISTORY: Adopted by the Mayor and Council of the Town of Snow Hill 11-10-2015 by Ord. No. 2015-11. Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 53.
Unsafe buildings — See Ch. 60.
Housing standards — See Ch. 101.
Littering — See Ch. 109.
Penalties, fees, fines and other charges — See Ch. 131.
Abandoned vehicles — See Ch. 182.
Editor's Note: This ordinance also provided for the repeal of former Ch, 155, Solid Waste, adopted as follows: Art. I, Recycling, adopted 6-9-1992 by Ord. No. 1992-5, as amended; Art. II, Trash and Bulk Trash Collection, adopted 2-11-1997 by Ord. No. 1997-1; Art. III, Removal of Refuse, adopted 2-11-1997 by Ord. No. 1997-2.
The following definitions shall apply:
- BUILDING MATERIAL
- Lumber, brick, stone, carpet, plumbing materials, plaster, concrete, floor coverings, roofing material, gutters or other material or substances accumulated as a result of construction, repairs or additions to existing structures or accessory structures or demolition of those.
- BULK WASTE
- Large items of refuse, including, but not limited to: appliances; furniture; large auto parts; trees, branches and stumps; and construction and remodeling waste, which cannot be handled by normal municipal waste processing, collection or disposal methods.
- The act of removing solid waste from a point of generation to an approved disposal site. Collection shall be at the curb for roll-out cart, yard waste, bulk and recyclable items.
- A portable device in which solid waste is held for storage or transportation.
- A person, business or corporation which provides goods or services to another person/entity under terms specified in a contract.
- Residential units and light commercial entities located within the Town limits.
- The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters.
- An amount established by the Mayor and Council for the collection of solid waste.
- FOUL ODOR
- Offensive odors emanating from, but not limited to, garbage.
- Waste resulting from animal, grain, fruit or vegetable matter.
- HAZARDOUS WASTE
- Any industrial by-product, especially from the manufacturing of chemicals, that is destructive to the environment or dangerous to the health of people or animals. Examples include, but are not limited to: car batteries, solvents, pesticides, herbicides, paints, waste oil, tires, propane tanks and appliances containing Freon.
- HEAVY COMMERCIAL ENTITY
- A business entity within the Town limits that generates a volume of solid waste that cannot be accommodated in fewer than four roll-out carts.
- HOUSEHOLD TRASH
- Any waste accumulation of paper, sweepings, rags, bottles, cans or other matter of any kind, which is usually attendant to housekeeping, excluding recyclables and garbage.
- INDUSTRIAL WASTE
- Solid waste generated by industrial processes and manufacturing.
- LIGHT COMMERCIAL ENTITY
- A business entity within the Town limits that generates a volume of solid waste that can be adequately accommodated by no more than four roll-out carts.
- MULTIFAMILY HOUSING
- Residential housing consisting of more than six livable units.
- NONRESIDENTIAL PROPERTIES
- Any property which is not a residential unit within the meaning of "residential units" as defined in this Code. Such properties include, but are not limited to: multifamily dwellings; commercial and industrial properties; strip malls and/or "mini-mart" plazas; institutional establishments; or any combination of the aforementioned uses. Such properties shall also include vacant land.
- Any person, including the owner or operator, living, working or sleeping in a unit.
- Any legally responsible person who, alone or jointly or severally with others:
- A. Shall have legal title to any regulated residential or commercial properties, with or without accompanying actual possession thereof; or
- B. Shall have charge, care or control of any regulated residential or commercial properties, as owner or agent of the owner or any executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and of the rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
- PHYSICAL DISABILITY
- A medical condition verified by a registered physician that makes an individual either physically unable to bring a roll-out cart to the curbside for collection and/or that makes undertaking that act clearly and seriously threatening to that person's health.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, cardboard, plastics and other materials which would otherwise be disposed of or processed as municipal waste.
- RECYCLING BIN
- A container approved by the Town for the collection of recyclable materials.
- All materials which are discarded as useless. Such materials may include, but are not limited to: shrub cuttings; grass clippings; leaves; cardboard; paper; bottles; cans; clothing; and plastic containers, which can be handled by normal municipal waste processing, collection or disposal methods.
- RESIDENTIAL UNITS
- Single-family detached, single-family semidetached and single-family attached residential housing units and apartments with three or fewer units.
- ROLL-OUT CART
- A ninety-six-gallon container having wheels and a hinged lid, issued by the Town, owned by the Town, for the disposal of refuse, as defined.
- SOLID WASTE
- Garbage, refuse and other discarded materials, including, but not limited to: solid, semisolid, liquid and contained gaseous materials resulting from municipal, industrial, commercial, agricultural and residential activities.
- The containment of waste on a temporary basis which does not constitute disposal of the waste.
- The Town of Snow Hill, Maryland.
- A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed.
- YARD WASTE
- Grass, weeds, leaves, tree trimmings, plants, shrubbery pruning and other similar materials which are generated in the maintenance of yards and gardens, and which are separated from other solid waste materials and placed in a designated collection area. Yard waste shall not include trees, tree limbs, brush and other material resulting from commercial tree trimmers and/or lawn care services.
The purpose of this chapter is to establish regulations for the disposal of solid waste in the Town of Snow Hill and to comply with mandatory recycling legislation and implemented regulations enacted by the Mayor and Town Council.
To the extent permitted by law, this chapter is intended to serve as a municipal waste flow control ordinance and may be amended from time to time as determined by the Mayor and Town Council.
This chapter shall be administered by the Town Manager or a designee. The Mayor and Town Council may establish regulations regarding the collection or disposal of solid waste, including recyclables. Upon approval by ordinance of the Mayor and Town Council, any such regulation shall have the force and effect of law. These regulations may include, among other subjects, the days and hours and routes for collection of solid waste, including recyclables; the specifications for recyclables bins, and the times and manner in which they shall be set out for pickup of the contents thereof by the collectors and removal of such containers after they have been emptied; preventing the mixture of certain types of solid waste in any one container; limiting the amount of solid waste or the number of containers that may be set out for any one premises at any one time; the imposition of reasonable fees to cover the costs of the administration of the chapter, including the cost of licensing and inspection; and such other matters as may be deemed appropriate. Copies of any such regulations shall be maintained in the office of the Town Manager at Town Hall and are available for inspection during regular hours of business.
The Town of Snow Hill has established a policy that regulates the collection of all solid waste. If solid waste is not prepared according to the provisions of this chapter, collection will not occur until the next scheduled collection day when the condition is remedied and is in compliance with this chapter.
Commercial/industrial waste and construction/demolition waste. This waste shall be collected by private contract of the owner in such manner and frequency as needed to protect the public safety and welfare of the Town of Snow Hill, but not less than weekly.
Garbage. Garbage shall be collected by the Town from all customers on a weekly basis, provided such waste is properly handled, prepared, contained, stored and located in conformance with this chapter. Normal garbage collection must be placed in one or more roll-out carts.
Bulk pickup items. Furniture and other items shall be collected curbside only after special arrangements have been made by the customer with Town Hall, as referenced in § 155-10 of this chapter.
Lead-acid batteries. There shall be no collection and/or disposal of lead-acid batteries by the Town of Snow Hill.
Recyclable waste. Recyclable waste shall be collected on a weekly basis, as referenced in § 155-9 of this chapter.
Yard waste. Yard waste collection shall be from all applicable customer units. Collection of yard waste is referenced in § 155-11 of this chapter.
Hazardous waste. No hazardous waste will be collected by the Town of Snow Hill.
Owners and occupants of any premises who participate in the Town's solid waste collection services shall separate recyclables from their other solid waste and shall place such recyclables in an approved container, per § 155-9 of this chapter.
All customer units shall be issued a roll-out cart and required to deposit all garbage and refuse in the carts. No garbage or refuse shall be collected that is outside of the provided cart.
The Public Works Director shall establish routes and schedules and alter the routes and schedules from time to time.
The Mayor and Town Council may establish and revise from time to time a policy relating to the number of times per week that the Town will collect solid waste from various classifications of premises, as well as the maximum number of waste receptacles that the Town will service on any one premises.
Customers should not put any solid waste out for collection before a storm that is predicting high winds, such as a hurricane, or a snowstorm where more than a few inches of snow is predicated.
Christmas trees shall be picked up as scheduled by the Director of Public Works.
Owners or designated agents of multiple-family dwellings or heavy commercial entities. The owners or designated agents of these dwellings/businesses must arrange with a contractor for the collection of all solid waste and recyclables.
All residential and light commercial properties, as defined in this chapter, are required to use the roll-out carts provided by the Town. The Town will provide one roll-out cart to each customer in Town. Property owners who wish to have more than one roll-out cart may request an additional cart by contacting Town Hall. The cost of additional carts will be established by ordinance and may be found in Chapter 131, Penalties, Fees, Fines and Other Charges. Roll-out carts shall remain the property of the Town.
Property owners may use additional carts purchased from retail stores if they are compatible with the Town's garbage truck equipment. There will be no charge for collection from these carts.
Carts are the property of the Town of Snow Hill and must be left at the residence upon moving out.
Each roll-out cart shall have "TOWN OF SNOW HILL" on the cart.
Markings and/or identification devices on the roll-out carts shall be placed by the Town. Customers may place the address of the property inside the roll-out cart lid only. Any other marking/identification is expressly prohibited and shall be regarded as damage to the roll-out cart.
It shall be the responsibility of the property owner to provide a sufficient number of roll-out carts for storage of solid waste to prevent overflow between times of collection. It shall be unlawful for the owner of such private properties to fail to provide such containers.
The property owner shall be responsible for any damages to the roll-out cart; however, the occupant may be held liable for failure to store the roll-out cart, as provided in this chapter. Carts that are stolen, damaged or destroyed through abuse, neglect or improper use shall be replaced by the Town at the expense of the property owner. Roll-out carts that are destroyed or damaged in the course of normal or reasonable use or through no abuse, neglect or improper use shall be repaired and/or replaced at no charge to the property owner.
Refuse may be stored in an appropriate and convenient fashion, pending collection by the Town, in roll-out carts provided by the Town or purchased at retail stores that are compatible with the Town's garbage truck equipment.
Roll-out carts and refuse may not be stored at the curb between scheduled collection times.
Roll-out carts shall be placed within three feet of the curbing, or the edge of the street having no curbing.
Roll-out carts may be placed at the curb the night prior to collection but not before 5:00 p.m. and no later than 6:00 a.m. on the day of collection. All roll-out carts shall be removed promptly after collection but no later than 10:00 p.m. on the day of collection.
A waiver of this requirement may be obtained from the Town Manager or his/her designee upon proof of physical disability which prevents all persons at the residence from placing the issued container curbside.
The Town of Snow Hill has established a policy that mandates the collection of all recycling material. If recycling is not prepared according to the provisions of this chapter, collection will not occur until the next scheduled collection day once the condition is remedied and is in compliance with this chapter.
The following items should be placed in a Town-approved container for collection and shall be separated by the following:
Paper: This includes newspaper, magazines, home office paper, corrugated cardboard boxes (flattened), fiberboard, books, envelopes, and brown grocery bags.
Glass: This includes food and beverage containers rinsed clean. This does not include light bulbs, mirrors, ceramics, auto glass, tempered glass or any glass not in a container.
Aluminum: This includes clean food and beverage cans. This does not include scrap metal, paint cans, aerosol cans, automotive product cans, aluminum foil or disposable aluminum plates or pie tins.
Plastic: This includes narrow-necked bottles marked #1 or #2 on the bottom, plastic bags, and plastic toy coverings.
The Town shall not collect refuse or garbage which contains recyclable material.
Recyclables shall be collected by the Town from all customers on a weekly basis, provided such material is properly handled, prepared, contained, stored and located in conformance with this chapter. Normal recyclable collection must be placed in Town-approved containers.
Recyclable containers may be placed at the curb the night prior to collection but not before 5:00 p.m. and no later than 6:00 a.m. on the day of collection. All containers shall be removed promptly after collection but no later than 10:00 p.m. on the day of collection.
Housing demolition or renovation debris will not be considered bulk trash and will be the responsibility of the property owner to remove.
Customers presenting items for bulk trash collection must first purchase a permit at Town Hall before pickup. The cost of such permit shall be established in Chapter 131, Penalties, Fees, Fines and Other Charges.
Failure to obtain said permit shall be subject to the provisions as set forth in § 155-15 of this chapter.
Bulk trash must be placed curbside. Items placed for collection shall not be placed curbside prior to the day before pickup.
Leaves placed for collection must be bagged. Loaded bags shall not weigh more than 50 pounds. There shall be a limit of 20 bags per collection.
All yard waste must be placed in a roll-out cart for collection. This includes but is not limited to weeds, sticks, vines and grass clippings.
Branches one to six inches in diameter and no more than six feet in length can be chipped. Stack branches at the curb with ends facing in same direction. No tangled piles of branches will be picked up.
The branches can be in a pile no larger than five feet long in width and three feet in height. Branches should be able to be chipped in 15 minutes or less.
No stumps or shrubs will be collected.
No bamboo will be collected.
All yard waste shall be placed curbside for collection and shall not be placed curbside prior to the day before pickup.
Bulk trash generated by rental and residential move-outs, estate settlements and evictions will not be collected by the Town. Property owners, property managers and estate property managerial firms must:
Secure a container/dumpster of sufficient size and accessibility from a private waste hauling company to contain the trash generated by rental and residential move-outs, estate settlements and evictions.
Have the containers/dumpsters removed by the private waste hauling company when they reach capacity, when cleaning is complete or within 10 days, whichever occurs first. Should additional time be required, property owners, property managers and estate property managerial firms must contact Town Hall for approval.
Containers/dumpsters being placed on a Town street must have prior approval from the Town Manager.
The Town will not provide pickup service of waste material which is the result of work done by a private contractor even though a building or demolition permit was issued to the owner of said premises. Whenever a private contractor performs work on private premises from which waste material results, the owner or contractor shall be responsible for its disposal. This includes but is not limited to general contractors and landscaping contractors.
The Mayor and Council shall adopt a service fee for the collection of residential solid waste.
All fees, including bulk trash collection fees, are established and defined in Chapter 131, Penalties, Fees, Fines and Other Charges.
There will be a fee for each roll-out cart issued to a customer.
Fees will be billed quarterly on the utility bill. Unpaid fees shall be collected in the same manner as delinquent property taxes.
Revenue generated from collection fees shall be used for the collection of solid waste. This would include such items as roll-out carts, maintenance of roll-out carts, tipping fees and equipment.
The Town Manager or his/her designee is hereby authorized to notify the owner of the property, as determined by the official tax rolls of the Town of Snow Hill, to remove or properly dispose of the refuse from the subject property.
Upon the failure, neglect or refusal of any owner so notified to remove or properly dispose of such refuse within 10 days after service of notice, as provided for in this chapter, the Town Manager or his/her designee is hereby authorized and empowered to cause such condition to be corrected by removing and disposing of such refuse and is hereby authorized and empowered to pay for the disposing of such refuse or to order its disposal by the Town of Snow Hill.
When the Town of Snow Hill has effected the removal of such refuse by its own employees, or has paid for the removal of such refuse by its agents or contractors, the actual costs thereof and any related expenses along with an administration fee of $50 shall be charged to the owner of such property; and, if not paid within 30 days, such charges will be collectible in the same manner as real estate taxes are collected.
When the Town of Snow has, for the second time and any additional times at such property, effected the removal of such refuse by its own employees or has paid for the removal of such refuse by its agents or contractors, the actual costs thereof and any related expenses along with an administrative fee of $250 shall be charged to the owner of such property; and, if not paid within 30 days, such charges will be collectible in the same manner as real estate taxes are collected.
Any notice required by this chapter to be served shall be deemed to have been served by any of the following methods:
When forwarded to the last-known address of the owner as recorded in the real estate assessment records of the Town of Snow Hill, by registered or certified mail with return receipt, and such receipt shall constitute prima facia evidence of service upon such owner if such receipt is signed either by the owner or by a person of suitable age and discretion located at such address, provided that valid service upon the owner shall be deemed effected if such notice shall be refused by the owner and not delivered for that reason;
When delivered to the person to be notified;
When left at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein; or
When posted on the property (only if occupied).
Where the full amount due the Town is not paid by such owner within 30 days after the disposal of such refuse, then the Town Manager shall cause to be recorded in the Finance Department for the Town a sworn statement showing the cost and expense incurred for the work, the administrative fees, the date the work was done and the location of the property on which such work was done.
Within 10 days from the service of notice as provided for in this chapter, the owner or his agent may file an appeal with the Town Council stating in detail the reasons as to why the action proposed by the Town Manager or his/her designee should not be taken. Upon receipt of such appeal, the Town Council shall put the case on its agenda at its earliest convenience, notify the protestant thereof and hear the merits of the appeal. The Town Council may reverse the action of the Code Enforcement Officer for any error of fact or law or upon a finding that the enforcement constitutes an undue hardship upon the property owner which the property owner is physically or financially unable to comply with. If the protestant is dissatisfied with the decision of the Town Council, he shall have the right to appeal to the Circuit Court of the county, provided that such appeal shall be taken within 30 days after the protestant is notified (either at the hearing or in writing) of the Town Council's decision.