[HISTORY: Adopted by the Town Council of the Town of Mansfield 3-28-2005, effective 4-22-2005. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Ordinance Regulating Litter" or "Litter Ordinance."
This chapter is enacted pursuant to the provisions of C.G.S. § 7-148 et seq., as amended.
The Town Council of the Town of Mansfield finds that the improper dispersion of litter and garbage within the community creates a public health hazard and blight, and is therefore detrimental to the general welfare, health and safety of the people of Mansfield. Therefore, pursuant to the various police, health and public safety powers granted to municipalities under C.G.S. § 7-148, the Town of Mansfield seeks to protect, preserve and promote the health, safety, welfare and quality of life of its people by regulating the dispersion of litter and garbage.
For the purpose of this chapter, the words and phrases used herein shall have the following meanings, unless otherwise clearly indicated by the context:
- BLIGHT or BLIGHTED PREMISES
- Any parcel of land where at least one of the following conditions exists:
- A. It has been determined by an Enforcement Officer, acting within the scope of his/her authority, that a condition exists that poses a serious or immediate threat to the health, safety or general welfare of the community.
- B. The property is in a physically deteriorating condition causing unsafe or unsanitary conditions or a nuisance to the general public, as evidenced by one or more of the following conditions:
- C. The overall condition of the property causes an unreasonable impact on the enjoyment of or value of neighboring properties as evidenced, for example, by complaints or statements of witnesses, photographs, code violations, reports or inspection by an Enforcement Officer.
- ENFORCEMENT OFFICER
- One or more employees or agents of the Town, designated by the Town Manager to enforce the provisions of this chapter.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any discarded, used or consumed substance or waste material, garbage or rubbish, which has not been deposited in a refuse receptacle.
- A park, reservation, playground, recreation center or any other public area in Town, owned or used by the Town and devoted to active or passive recreation.
- Any individual, firm, partnership, association, syndicate, company, trust, corporation, limited-liability company, municipality, agency, or political or administrative subdivision of the state or other legal entity 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, steps, sidewalk and abutting edge of the street, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any area that is used or is held out for use by the public, whether owned or operated by public or private interests.
- Shall mean both garbage and 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.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway.
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 disposal areas.
Persons placing litter in public receptacles or in 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.
No person shall sweep into or deposit in 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, controlling or occupying property shall keep the sidewalk or abutting edge of the street in front of their premises free of litter.
No person owning, controlling or occupying a place of business shall sweep into or deposit in 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, controlling or occupying places of business within the Town shall keep the sidewalk or abutting edge of the street in front of their business premises free of litter.
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.
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 or other public place, or upon private property.
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 or upon private property. 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.
No person shall throw or deposit or cause to be blown, scattered, spilled or otherwise dispose of any litter in any fountain, pond, lake, stream, or other body of water in a park or elsewhere within the Town.
No person shall throw or deposit litter on any private property within the Town, whether owned by such person or not, except that the owner or person in control of occupied private property may maintain 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.
The owner, agent, tenant or person in control of any private property shall at all times maintain the premises free of litter and blight; provided, however, that this section shall not prohibit the storage of litter in private receptacles for collection.
Enforcement of this chapter shall be as follows:
The Town Manager shall designate one or more Enforcement Officers, who are empowered to take such enforcement actions as authorized in this chapter.
Any person violating the provisions of this chapter shall be deemed to have committed an infraction and may be issued a citation. Said citation shall inform the person named therein of the allegations against him or her, the amount of the fine due, and the date on which payment of the fine is due, which shall be no later than 10 days after the date of the citation. Said citation shall be hand delivered or mailed by certified mail, return receipt requested, addressed to the person named therein at his or her last known address. Citations shall be punishable with a fine of $90 dollars for each violation. Each separate day that a violation exists after the issuance of a citation shall be subject to a separate additional fine without the issuance of a separate citation.
In lieu of issuing a citation per § 131-15B of this chapter, the Enforcement Officer may serve written notice of the violation(s) of this chapter to the owner, agent, tenant or person in control of any occupied or vacant property within the Town. Such notice shall be hand delivered or mailed by certified mail, return receipt requested, addressed to said owner, agent, tenant or person in control of the subject property at the last known address. Such notice shall state the violation(s) as outlined hereinafter, demand its correction within 10 calendar days, and state that if the person cited fails to correct the violation before the deadline, the Town may issue a citation to the owner, agent, tenant or person in control of the subject property per § 131-15C of this chapter.
In addition to any other remedy authorized by this chapter, if any such fine issued pursuant to the provisions of this chapter is unpaid beyond the due date, the Town may initiate proceedings under the authority of C.G.S. § 7-152c and Chapter 129, Hearing Procedure for Citations, to collect such fine.
Notice to remove. In lieu of or in addition to the remedies authorized in § 131-15 of this chapter, the Enforcement Officer is authorized and empowered to notify the owner, agent, tenant or person in control of any occupied or vacant private property within the Town to properly dispose of litter located on the subject property that is in violation of this chapter. Such notice shall be by certified mail, addressed to said owner, agent, tenant or person in control of the subject property at his/her last known address.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner, agent, tenant or person in control of the subject property so notified to properly dispose of litter or blight within 10 days after receipt of the written notice provided for in Subsection A above, the Enforcement Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Town.
Recorded statement constitutes lien. Upon completion of such work, the Enforcement Officer shall determine the reasonable cost thereof and bill the owner, agent, tenant or person in control of the subject property. Upon failure of the owner, agent, tenant or person in control of the subject property to remit to the Town the amount of such charge within 30 days from the date of such notice, the Enforcement Officer, within 90 days from the date of such notice, shall record in the land records of the Town a sworn statement showing the cost and expense incurred for the work, the date the work was performed and the location of the property on which said work was performed. 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 legal interest, plus costs in court, if any, for collection, until final payment has been made. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all work has been completed 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 the same is due and collectible as provided by law. Said lien shall have the same effect and may be foreclosed in the same manner as a tax lien.
Any person fined pursuant to this chapter may appeal such fine pursuant to the provisions of Chapter 129, Hearing Procedure for Citations.
Whenever used, the singular number shall include the plural, the plural the singular, and the use of either gender shall include both genders.