[HISTORY: Adopted by the Mayor and Common
Council of the City of Westminster as Ch. 16C of the 1972 Code, as
amended through 1990. Subsequent amendments noted where applicable.]
A.
The purpose of this chapter is to protect, maintain
and enhance the public health, safety and general welfare by establishing
requirements and procedures relating to the collection and disposal
of solid waste in the City of Westminster. Proper collection and disposal
of solid waste will minimize damage to the health of the residents
of the City, enhance the protection of the environment and maintain
the high standards of cleanliness which have been a long-standing
attribute of the City.
B.
Prior to the enactment of this chapter, the Solid
Waste Management Committee of the Mayor and Common Council undertook
a detailed review and analysis of information relating to the collection
and disposal of solid waste and issued a report and recommendation
which was adopted by the Mayor and Common Council on February 12,
1990.
C.
Article XI-E of the Maryland Constitution, Article
23A of the Annotated Code of Maryland and the City's Charter authorize
the City to enact ordinances for the protection and promotion of public
safety, health, morals and welfare.
[Amended 7-27-1992 by Ord. No. 562]
As used in this chapter, the following terms
shall have the meanings indicated:
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 Chief of Police for the City of Westminster, Maryland.
The City of Westminster, Maryland.
Buildings and facilities owned or leased by the City of Westminster.
The Clerk for the City of Westminster, Maryland.
An establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
A portable device in which solid waste is held for storage
or transportation.
The Director of Public Works for the City of Westminster,
Maryland.
[Amended 12-6-2007 by Ord. No. 773]
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.
Waste resulting from animal, grain, fruit or vegetable matter.
An enclosed device using controlled combustion for the primary
purpose of thermally destructing solid waste.
An establishment engaged in service, including but not limited
to hospitals, nursing homes, life-care communities, care homes, orphanages,
schools and universities.
A building containing four or more dwelling units, not including
a four-unit building in which one unit is owner-occupied as the principal
residence.
[Amended 3-10-2008 by Ord. No. 778]
Garbage, refuse and other discarded materials, including
solid, liquid, semisolid or contained gaseous materials resulting
from residential and municipal activities.
A facility using land for disposing or processing of municipal
waste. The facility includes land affected during the lifetime of
operations, including but not limited to areas where disposal or processing
activities actually occur, support facilities, borrow areas, offices,
equipment sheds, air and water pollution control and treatment systems,
access roads, associated on-site or contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility.
Contamination of air, water, land or other natural resources
which will create or is likely to create a public nuisance or to render
such air, water, land or other natural resources harmful, detrimental
or injurious to public health, safety or welfare or to domestic, municipal,
commercial, industrial, agricultural, recreational or other legitimate
beneficial uses or to livestock, wild animals, birds, fish or other
life.
Technology used for the purpose of reducing the volume or
bulk of municipal or residual waste or technology used to convert
part or all of the waste materials for off-site reuse. Processing
facilities include but are not limited to transfer facilities, composting
facilities, incinerators and resource recovery facilities.
Source-separated materials that are authorized by the Director
to be separated from the municipal waste for the purpose of recycling.
Recyclables include but are not limited to metal, glass and plastic
consumer product containers or packaging, newsprint and cardboard.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, plastics and other materials which would otherwise
be disposed of or processed as municipal waste.
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, plastic containers,
gutter and down spouting, lumber scraps, paint cans, screens and storm
windows, rug scraps, tires, Christmas trees, newspapers, telephone
books and magazines which can be handled by normal municipal waste
processing, collection or disposal methods.
Single-family detached, single-family semidetached and single-family
attached residential housing units and apartments with three or fewer
units.
Solid and semisolid refuse, such as but not limited to ash,
ceramics, glass, metal and organic substances, remaining after incineration
or combustion processing.
The controlled removal or recycling of material from a solid
waste processing or disposal facility.
A land site on which engineering principles are utilized
to bury deposits of municipal waste without creating public health
or safety hazards, nuisances or pollution.
Garbage, refuse and other discarded materials, including
but not limited to solid, semisolid, liquid and contained gaseous
materials resulting from municipal, industrial, commercial, agriculture
and residential activities.
The entire process or a part thereof of storage, collection,
transportation, processing, treatment and disposal of solid wastes
by a person engaging in the process.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
The containment of waste on a temporary basis which does
not constitute disposal of the waste.
A facility which receives and temporarily stores solid waste
at a location other than the generation site and which facilitates
the bulk transfer of accumulated solid waste to a facility for further
processing or disposal.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials.
[Amended 7-27-1992 by Ord. No. 562; 2-8-1993 by Ord. No. 569]
This chapter shall be administered by the Director.
The Director, subject to approval of the Mayor and Common Council,
may establish regulations regarding the collection or disposal of
solid waste, including recyclables. Upon approval by resolution of
the Mayor and Common Council, any such regulation shall have the force
and effect of law, and any violation thereof is declared to be a municipal
infraction. The penalty for violation shall be a fine of $25 for each
offense. These regulations may include, among other subjects, the
days and hours and routes for collection of solid waste, including
recyclables; the specifications for solid waste containers and 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 Director at City Hall and are available for inspection
during regular hours of business.
A.
It shall be unlawful for any person to engage in the
business of collecting or disposing of solid waste within the confines
of the City unless such person shall have obtained a permit from the
Clerk for collection and any other permits required by federal, state
and county law.
B.
It shall be unlawful for any person to operate as
a collector or hauler of solid waste within the City except as provided
in this chapter. This subsection shall not be construed to prevent
a person from disposing of his own solid waste at a municipal waste
disposal or processing facility, provided that it is transported in
a manner to prevent spillage.
C.
The Clerk is authorized to issue permits under this
section upon the filing of an application for a permit. Such application
shall be filed on forms furnished by the Clerk and contain such information
as he shall prescribe. The application shall be accompanied by a permit
fee as provided in the General Fee Ordinance.[1] An initial permit shall be valid for a period of one year.
Thereafter, the permit shall be renewed annually upon submission of
a renewal application and payment of a permit fee as provided in the
General Fee Ordinance.
[Amended 11-24-2008 by Ord. No. 791]
D.
Any violation of any subsection of this section is
declared to be a municipal infraction. The penalty for violation shall
be a fine of $400 for each offense.
[Amended 7-27-1992 by Ord. No. 562]
A.
The City shall provide for the collection and disposal
of solid waste, including recyclables, for residential units within
the City. The Mayor and Common Council are authorized to enter into
a contract or contracts with permitted collectors to perform all or
part of such collection and disposal.
B.
Regular collection service shall not include removal of items such as tires, crates, refrigerators, stoves, air conditioners, chairs, pipe, auto parts, mufflers, trees and other like items. Owners or occupants of any premises shall have these items removed as provided in § 130-7.
C.
Owners and occupants of any premises provided solid waste disposal services by the City shall separate recyclables from their other solid waste and shall place such recyclables in a recyclables bin or as otherwise provided by the Director pursuant to regulations promulgated under § 130-3 of this chapter.
The collection and disposal of solid waste from
nonresidential units shall be at the cost and expense of the owner
of the property. Such units include but are not limited to multifamily
units, industrial uses, commercial uses, mixed units of a commercial/residential
use, institutional establishment uses or any combination thereof.
Such premises shall have on-site containers as required by this chapter
and by regulation of the Director. Additionally, the owner of said
premises shall cause solid waste to be removed from the premises at
regular intervals as determined by regulation of the Director.
[Amended 11-24-2008 by Ord. No. 791]
A.
The Mayor
and Common Council is authorized to establish in the General Fee Ordinance
a service charge by the City for bulk pickup of large items, including
but not limited to appliances and furniture, to be implemented by
a sticker purchase system or by such other means as designated by
said ordinance.
B.
Upon request
by the owner or occupant of any premises served by the City’s
garbage and trash collection service and subject to the availability
of vehicles and personnel, the Director may authorize removal of solid
waste from such premises when the amount to be removed is greater
than that which is normally collected or at a time other than the
regular collection day for such premises, upon such terms and conditions
and upon the payment of such fee as may be provided by the Mayor and
Common Council in the General Fee Ordinance.
A.
Owners and occupants of occupied premises and owners
and persons in charge of unoccupied premises, including vacant lots,
within the City are hereby charged with the duty of maintaining such
premises at all times in a sanitary, clean and tidy condition and
so as to prevent the accumulation thereof of solid waste which constitutes
a nuisance or a fire hazard.
B.
Owners and occupants of occupied premises and owners
and persons in charge of unoccupied premises, including vacant lots,
within the City are hereby charged with the duty of maintaining any
grass on such premises at a height of not more than six inches and
the further duty of maintaining such premises free of noxious weeds
and dense underbrush.
C.
A violation of this section is declared to be a municipal
infraction. The penalty for violation shall be a fine of $100 for
each offense.
A.
If, at any time, the maintenance of any premises within the City is found by the Chief of Police or other official designated by the Mayor and Common Council to be in violation of § 130-8 or 130-10, he shall give notice, in writing, to the owner, occupant or person in charge of such premises, stating therein the condition which constitutes such violation and directing the addressee to remedy such condition within seven days for a first offense and within three days for any subsequent offense, and it shall be unlawful for any such owner, occupant or person in charge to fail to comply with the terms of such written notice, provided that any owner, occupant or person in charge of premises to whom such notice is addressed may, within two days from receipt thereof, appeal to the legislative body, in which case the terms of such notice shall be stayed pending action of the legislative body, which shall be final, and provided further that if the Chief of Police or other designated official shall state in such notice that the conditions stated therein are such as to constitute an imminent hazard to the public health, safety or welfare, the addressee shall comply with the terms of such notice and no appeal shall lie to the legislative body.
[Amended 8-9-1993 by Ord. No. 580]
B.
Upon the failure of any person to whom notice has been given pursuant to Subsection A of this section to comply with the terms of such notice or with the terms imposed by the legislative body on appeal, as the case may be, the Chief of Police or other designated official shall forthwith direct the appropriate city officer to remedy the condition which is the subject of such notice, and the expenses incurred by the City in so doing shall be charged to the addressee of such notice, to be collectible as city taxes; and such expenses shall constitute a lien upon the premises upon which such condition occurred, to be collected as city taxes are collected, if not otherwise first paid to the City.
C.
Abatement by the City of conditions in violation of
this chapter and reimbursement to the City of expenses incurred thereby
shall not bar the issuance of a municipal infraction and the prosecution
for such violation.
[Amended 2-8-1993 by Ord. No. 569]
A.
Residential units. It shall be the joint and severable
responsibility of the owner and occupant to provide a sufficient number
of approved containers for storage of solid waste to prevent overflow
between times of collection in residential units and to maintain the
premises in accordance with the standards of this chapter. It shall
be unlawful for the owner or occupant of such private property to
fail to provide such containers.
B.
Multifamily units. It shall be the responsibility
of the owner and not the occupants of multifamily units to provide
a sufficient number of approved containers for the storage of solid
waste to prevent overflow between times of collection and to maintain
the premises in accordance with the standards of this chapter. It
shall be unlawful for the owner of such multifamily unit property
to fail to provide such containers.
C.
Institutional establishments. It shall be the responsibility
of the owner and not the occupant of institutional establishments
to provide a sufficient number of approved containers for the storage
of solid waste to prevent overflow between times of collection and
to maintain the premises in accordance with the standards of this
chapter. It shall be unlawful for the owner of such institutional
establishment to fail to provide such containers.
D.
Commercial and industrial land or buildings. It shall
be the joint and severable responsibility of the owner and occupant
of commercial and industrial land or buildings to provide a sufficient
number of approved containers for the storage of solid waste to prevent
overflow between times of collection and to maintain the premises
in accordance with the standards of this chapter. It shall be unlawful
for the owner and occupant of such commercial and industrial land
or buildings to fail to provide such containers.
E.
Shopping centers. In addition to the responsibilities provided in Subsection D hereof, the owner and occupants of all shopping centers within the limits of the City are hereby required to install and maintain trash receptacles on the edge of the pedestrian walkway areas within such shopping centers. They shall be of a type and size and placed at such location as may be required and approved by the Director and clearly designated as receptacles for solid waste.
F.
Vacant land. It shall be the responsibility of the
owner of all vacant land to keep his property free of solid waste.
G.
Any owner who leases a residential unit located within the City shall provide a copy of a synopsis prepared by the Director of the regulations adopted pursuant to § 130-3 to the tenant contemporaneous with the execution of the lease for said premises.
H.
In the event that an owner leases a residential unit located within the City without a written lease, the owner shall furnish a copy of the synopsis prepared by the Director of the regulations adopted pursuant to § 130-3 to the tenant promptly after occupancy.
[Amended 7-27-1992 by Ord. No. 562]
A.
All containers for the storage of solid waste, except
bins for the storage of bulky rubbish, shall be vermin-proof and waterproof,
of noncorrodible material or similar material, and shall be equipped
with tight-fitting lids at all times.
B.
All solid waste shall be placed in containers as provided
herein and shall be placed at convenient outdoor pickup locations
on the premises as may be designated by the Director.
C.
Receptacles used for storage of solid waste with respect
to residential units shall meet one of the following specifications:
(1)
Trash cans of a durable grade of galvanized metal
or other suitable material approved by the Director, from 20 to 32
gallons' capacity. They should be provided with two lifting handles
on opposite sides and a tightly fitting cover with a lifting handle.
The can should be without inside protrusions, and the solid waste
should be loosely packed so that the contents shall discharge freely
when the receptacle is inverted.
(2)
Refuse bags made of heavy, multi-ply paper or polyethylene
or ethylene copolymer resin and designed for outdoor storage of refuse.
Bags must be securely tied or sealed to prevent emission of odors,
be of a material so liquids and greases will not be able to penetrate
through the material and be of sufficient thickness and strength to
contain the solid waste enclosed without tearing or ripping under
normal handling.
(3)
Recyclables bins made of durable plastic approximately
18 gallons in size and provided by the City or its designee.
A.
It shall be the responsibility of the persons providing containers pursuant to § 130-10 to ensure that containers are properly maintained.
B.
The presence of solid waste in places other than inside
proper containers, the presence of sour odors or the presence of insects,
rodents or other vermin or evidence of their presence shall constitute
improper maintenance or lack of maintenance. The lack of maintenance
of containers constitutes a violation of this section and is declared
to be a municipal infraction. The penalty for violation shall be a
fine of $100 for each offense.
A.
It shall be unlawful for any unauthorized person to
remove the cover from any container which has been set out for collection
of the contents thereof or to upset, remove or in any way tamper with
any such container.
B.
Any violation of this section is declared to be a
municipal infraction. The penalty for violation shall be a fine of
$400 for each offense.
A.
The following matter shall not be placed in receptacles
used for regular solid waste collection service:
(1)
Dead animals.
(2)
Feces.
(3)
Materials impregnated with urine (except disposable
diapers).
(4)
Poisons.
(5)
Explosives.
(6)
Dangerous or corrosive chemicals.
(7)
Clothing taken from persons with infectious diseases.
(8)
Heavy metals or metal parts.
(9)
Lumber.
(10)
Dirt.
(11)
Rocks.
(12)
Bricks.
(13)
Concrete blocks.
(14)
Tires.
(15)
Automobile or machine oil.
(16)
Crates.
(17)
Other refuse from construction or remodeling.
B.
Violation of this section is declared to be a municipal
infraction. The penalty for violation shall be a fine of $100 for
each offense.
[Amended 7-27-1992 by Ord. No. 562]
The Director is authorized to provide by regulation for the implementation of § 130-5C, including each class of solid waste to be collected by the City to be separated, and the Director may require the use of separate containers for items to be recycled, including but not limited to metal, glass, paper, cardboard and plastics.
A.
It shall be unlawful for any person to store or accumulate
any solid waste within the City except as provided in this chapter
and regulations promulgated pursuant thereto. "Store or accumulate"
shall mean to exist outside of an approved container for a period
of time in excess of 15 days. The provisions of this section shall
apply to any land or premises where solid waste accumulates or is
stored, be it residential, commercial or industrial, including vacant
property.
B.
Violation of this section is declared to be a municipal
infraction. The penalty for violation shall be a fine of $100 for
each offense.
A.
LITTER
PUBLIC OR PRIVATE PROPERTY
Definitions. As used in this section, unless the context
clearly requires otherwise, the following words or phrases shall have
the following meanings:
All rubbish, solid waste, refuse, garbage, trash, debris,
dead animals or other discarded materials of every kind and description.
The right-of-way of any road or highway; any body of water
or watercourse or the shores or beaches thereof; any park, parking
facility, playground, building, refuge or conservation or recreation
area; any residential or farm properties, timberlands or forest.
B.
Unlawful activities.
(1)
It shall be unlawful for any person or persons to
dump, deposit, throw or leave or to cause or permit the dumping, depositing,
placing, throwing or leaving of litter on any public or private property
in this city or any waters in this city unless:
(a)
Such property is designated by the City or by
any of its agencies for the disposal of such litter and such person
is authorized by the proper public authority to use such property.
(b)
Such litter is placed into a litter receptacle
or container installed on such property.
(c)
Such person is the owner or tenant in lawful
possession of such property or has first obtained consent of the owner
or tenant in lawful possession or the act is done under the personal
direction of said owner or tenant, all in a manner consistent with
the public welfare.
(2)
It shall be unlawful for any person or persons to
throw, dump or deposit any trash, junk or other refuse upon any highway
or to perform any act which constitutes a violation of the vehicle
laws of the City of the State of Maryland relative to putting trash,
glass and other prohibited substances on highways.
C.
Presumption of responsibility for violation; suspension of licenses. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, beat, airplane or other conveyance in violation of Subsection B of this section and if the vehicle, boat, airplane or other conveyance has two or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, boat, airplane or other conveyance, if present, shall be presumed to be responsible for the violation; in the absence of the owner of the vehicle, boat, airplane or other conveyance, the operator shall be presumed to be responsible for the violation. Furthermore, licenses to operate such conveyances may be suspended for a period not to exceed seven days together with or in lieu of penalties provided in Subsection E of this section.
D.
Receptacles to be provided; notice of provisions or
section. The Director is authorized and empowered to establish and
maintain receptacles for the deposit of litter at appropriate locations
where such property is frequented by the public and to post signs
directing persons to such receptacles and serving notice of the provisions
of this section and to otherwise publicize the availability of litter
receptacles and requirements of this section.
E.
Any violation of this section is declared to be a
municipal infraction. The penalty for violation shall be a fine of
$250.
A.
It shall be unlawful for any person to throw, dump
or deposit any solid waste upon the land or property of another without
written consent first having been obtained from the owner of the property.
B.
Violation of this section is declared to be a municipal
infraction. The penalty for violation shall be a fine of $400 for
each offense.
A.
It shall be unlawful for any person to deposit any
solid waste in or to knowingly pollute or contaminate any watercourse,
body of water, spring, well or other source of water in the City.
B.
Violation of this section is declared to be a municipal
infraction. The penalty for violation shall be a fine of $400 for
each offense.
In addition to all other remedies provided by
law, any violation of this chapter, unless otherwise provided for
in the applicable section, shall be punished as a municipal infraction.
The penalty for violation shall be a fine of $100 for each offense.
Each day a violation continues to exist shall constitute a separate
offense. Additionally, the City may institute any appropriate action
or proceedings to prevent any violation of this chapter.
