Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Barnstable Board of Health as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-21-1980; revised 8-24-1999, effective 9-2-1999 (Section 1.00 of Part VII of the 1991 Codification as updated through 6-1-1996)]

§ 353-1 Responsibilities of owners and occupants.

The occupant of any building used for business or habitation shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness in that part of the building and outside area which he occupies or controls. The owner of any building, vacant or otherwise, or parcel of land shall be responsible for maintaining such building or land in a clean and sanitary condition, free from garbage, rubbish, or other refuse.

§ 353-2 Storage of garbage and rubbish.

Garbage, or mixed garbage and rubbish, shall be stored in watertight receptacles with tight-fitting covers. Said receptacles and covers shall be constructed of metal or other durable, rodentproof material.

§ 353-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
GARBAGE
The animal, vegetable, or other organic waste resulting from the handling, preparing, cooking, consumption or cultivation of food, and containers and cans which have contained food unless such containers and cans have been cleaned or prepared for recycling.
RUBBISH
Combustible or noncombustible waste materials, except garbage, including but not limited to such material as paper, rags, cartons, boxes, wood, bottles, plastic, rubber, leather, tree branches, yard trimmings, grass clippings, tin cans, metals, mineral matter, glass, crockery, dust, and residue from the burning of wood, coal, coke, and other combustible materials.

§ 353-4 Minimum setback to abutting property line.

No person shall store any rubbish or garbage less than 10 feet away from an abutter's property line. Where compliance with this provision is not possible due to existing physical constraints of the property, the refuse container(s) shall be set back away from the property line to the maximum separation distance feasible.

§ 353-5 Screening of refuse storage areas in other than single-family dwellings.

Storage of refuse from commercial buildings, lodging houses, multiple-family dwellings, municipal buildings and other business establishments (excluding single-family dwellings) shall be as follows: All outdoor rubbish and garbage storage areas shall be located in an area which is screened from the neighbor's view and from public view. Said screening may be in the form of fencing, evergreen trees or other plants capable of providing year-round screening, located around the refuse storage area in such a manner to block the view of the rubbish and garbage storage area from the neighbors and from other persons passing-by.

§ 353-6 (Reserved) [1]

[1]
Editor's Note: Former § 353-6, Violations and penalties, was repealed 3-1-2005. See § 1-4 for the fine for violations of Board of Health regulations.
[Adopted 8-19-1986, effective 8-25-1986 (Section 2.00 of Part VII of the 1991 Codification as updated through 6-1-1996)]

§ 353-7 Maintenance of systems required.

Every owner, or agent, of premises in which there are private sewers, individual sewage disposal systems, or other means of sewage disposal, shall keep the sewers and disposal sewage systems in proper operational condition and have such works cleaned or repaired at such time as ordered by the Board of Health.

§ 353-8 Prevention of objectionable conditions and pollution.

Sewage disposal works shall be maintained in a manner that will not create objectionable conditions or causes the works to become a source of pollution to the waters of the Commonwealth.

§ 353-9 Discharge onto ground prohibited.

No sanitary sewage shall be allowed to discharge or spill onto the surface of the ground or to flow into any gutter, street, roadway, or public place, nor shall such material discharge onto any private property.

§ 353-10 Craigville Beach District implementing regulation: pumping requirements. [1]

[Adopted 1-19-2011 by Order No. 11-01 of the Barnstable County Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape Cod Commission Act)]
Within the Craigville Beach District, all property owners or other responsible parties are required to remove the septage from their on-site sewage disposal systems at least once in every four years unless otherwise required under Title 5 or any valid Town of Barnstable permit, or unless an extension is granted by the Health Agent. A septic tank or cesspool shall be pumped when the total thickness of solids (sludge plus scum) is equal to or exceeds 33% of the liquid depth of the tank or cesspool. If a property owner, agent, or tenant believes that the septage removal is not necessary within the four years, an inspection by an agent of the Board of Health may be requested. If, in the opinion of the Health Agent, the system does not require pumping or other maintenance, the septage removal may be postponed for up to two years. Further extensions of up to two years at a time may be granted as often as is reasonable in the opinion of the Health Agent after reinspections. Nothing in this section should be construed to suggest that septage may not be removed more often than once in four years.
[1]
Editor's Note: Former § 353-10, Violations and penalties, was repealed 3-1-2005. See § 1-4 for the fine for violations of Board of Health regulations.