[HISTORY: Adopted by the Town Council of the Town of Myersville 5-12-2009 by Ord. No.
2009-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for infractions — See Ch. 20.
Open burning — See Ch. 64.
Nuisances — See Ch. 90.
Public property — See Ch. 108.
Streets and sidewalks — See Ch. 124.
Weeds and grass — See Ch. 161.
Yard sales — See Ch. 163.
[1]
Editor's Note: This ordinance also repealed former Ch.
85, Littering, adopted 10-11-2005.
It is the purpose and intent of this chapter to require all
owners, tenants or occupiers of property, with limited exception,
within the incorporated areas of Myersville to participate in the
Frederick County recycling program; to eliminate illegal dumping;
and to promote the health, safety and welfare of the citizens of the
Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Waste materials resulting from the construction, alteration
or demolition of a structure and intended to be discarded or removed
from the site.
Those firms authorized by the Town of Myersville by contract
to provide refuse and recycling collection services within the Town
limits.
Frederick County.
Wastes that are inherently dangerous to handle or dispose
of and which are not accepted at landfills which receive Town refuse.
Hazardous waste includes, but is not limited to, toxic chemicals,
biohazards, corrosive materials, reactive chemicals, flammable wastes,
explosives, and certain items found in the home, including, but not
limited to, pool chlorine, paint thinner and pesticides.
Any used or unconsumed substance or waste material which
has been discarded.
A public area or private area used by the public, such as
a park, reservation, recreation center or other public area in the
Town, which is used by the public for active or passive recreation.
Any dwelling, house, building or other structure used either
wholly or in part for private residential or commercial purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging to or appurtenant to such dwelling,
house, building or other structure.
Any condition or occurrence which adversely affects the public
health, safety or welfare, including but not limited to an accumulation
of refuse, trash, rubbish, garbage, abandoned or lost property or
hazardous waste or material which is placed or discarded in a manner
in violation of this chapter.
Any steel, plastic, aluminum or galvanized receptacle, bin
or tote manufactured for the purpose of storing refuse or recycling
and that allows for easy lifting when filled with refuse or recycling
materials. A receptacle or collection container also includes any
secured, leakproof plastic bag which is manufactured for the purpose
of securing and disposing of household refuse if it is of sufficient
strength to hold its contents without tearing or allowing the contents
to spill, leak or otherwise escape from the bag.
Those materials which are designated as such by Frederick
County in its recycling program, typically including various types
of plastic, glass, metal, cardboard and paper.
May be used interchangeably, and mean material and items
that cannot be recycled.
The Town of Myersville.
Thirty-five-, sixty-five- or ninety-five-gallon plastic roll-out
carts specifically manufactured as a container for holding refuse
or recyclables.
Solid waste consisting of lawn grass, shrubbery, cuttings,
clippings, leaf rakings, tree branches, bushes or shrubs, green leaf
cuttings, fruits or other vegetative matter generally created as refuse
in the care of lawns and yards.
Frederick County has established and operates a recycling program
through the Frederick County Office of Recycling, part of the Frederick
County Department of Solid Waste Management. Unless otherwise excepted
as hereinafter provided, participation in the Frederick County recycling
program by owners, tenants or occupiers of property within the corporate
limits of the Town is mandatory if such participation is available
through the county recycling program. The following properties are
exempt from the provisions of this section:
Property owners, tenants and occupants of property which is
not exempt shall, in accordance with the county recycling program:
A.
Use the recycling receptacle, if any, provided to them by Frederick
County for use in the curbside collection of recyclables.
B.
Provide appropriate receptacles adequate to contain all recyclables
generated from the property if no such receptacle is provided by the
county.
C.
Place the refuse and recyclables generated from the property as close
as possible to the curb or collection point on the date and time scheduled
for collection so as to be easily accessed by the contractor or person
collecting such items.
D.
Remove the empty refuse and recycling receptacles from the curbside
within 24 hours following collection.
E.
Store the refuse and recycling receptacles until the next date and
time scheduled for collection in a location so that they will not
be visible from the public rights-of-way or streets.
F.
Select, prepare, and contain all recyclable materials and yard waste
in conformity with the requirements of the Frederick County recycling
program.
It shall be unlawful for any person to transport into the Town
any recycling material from outside the Town for collection by the
county as part of its recycling program. It shall be unlawful for
any person to set out for collection any recycling material which
has been brought into the Town from outside of the Town.
The Town shall publicize the Frederick County recycling program
and its requirements in a manner adequate to provide the public with
ready access to the requirements of the program, including, but not
limited to, posting on the Town Internet website and periodic distribution
of newsletters.
The owners, tenants or occupants of properties which are exempted from the county recycling collection program as provided in § 85-3 hereof shall contract privately for recyclable collection services for those properties. Any private hauler or collector providing such collection services shall be registered with the appropriate authority in Frederick County to provide such services.
Property owners, tenants or occupiers of the following shall
provide and maintain litter receptacles at readily accessible locations
on the property: drive-in restaurants and fast-food establishments;
self-service refreshment areas; construction sites; gasoline service
stations; shopping centers; parking lots; and locations on which special
events to which the public is invited are held, including sporting
events, parades, carnivals, circuses and festivals.
No person shall:
A.
Throw or deposit litter in any fountain, pond, lake, stream or any
other body of water within the Town.
B.
Throw, drop, discard or otherwise place litter of any nature upon
any public or private property, other than in a litter receptacle.
C.
Throw or deposit litter upon any public place or private property
within the Town while a driver or passenger in a vehicle.
D.
Throw or deposit litter on any private property within the Town,
whether owned by such person or not, except the owner or person in
control of private property may maintain private receptacles for collection.
Such owner or person in control of 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 private receptacles
for collection.
E.
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 shall be properly disposed
of elsewhere.
F.
Throw or deposit litter on any open or vacant private property within
the Town, whether or not owned by such person.
G.
Sweep into or deposit into any gutter or street within the Town any
accumulation of litter as defined herein.
Persons owning or occupying a place of business or a place of
residence shall keep the sidewalks, entrance walks and parking areas
in front of or upon their premises free of litter.
It shall be the duty of the owner, tenant, occupant or person
in charge of any structure to keep and cause to be kept the sidewalk
and curb abutting the building or structure free from obstruction
or nuisances of every kind and to keep sidewalks, areaways, backyards,
courts and alleys free from litter.
The storage of tires in areas zoned residential shall be prohibited,
except that tires may be stored in a fully enclosed building or structure.
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any public roadway unless such a vehicle is constructed,
covered or loaded to prevent any of its load from dropping, sifting,
leaking or otherwise escaping therefrom. Any person operating a vehicle
from which any materials which constitute litter have fallen or escaped
shall immediately cause the public property to be cleaned of all such
materials and shall pay the costs thereof.
It shall be unlawful for any person, owner or agent in charge
of a construction or demolition site to permit the accumulation of
construction debris or litter before, during or immediately following
completion of any construction or demolition project. It shall be
the duty of the person, owner or agent in charge of a construction
site to furnish receptacles adequate to accommodate construction debris
or litter at areas convenient to construction areas and to maintain
and empty the receptacles in such a manner and with a frequency as
to prevent refuse from overflowing the receptacle.
The provisions of this chapter shall be administered and enforced
by the Town Manager and/or the Town resident deputy.
A.
A violation of any of the provisions of this chapter shall constitute a Class F municipal infraction as defined in Chapter 20 of this Code, and any person or persons violating any of the provisions of this chapter shall be subject to the penalties and/or fines imposed for a Class F municipal infraction. The enforcement procedures for municipal infractions prescribed by § 3 of Article 23A of the Annotated Code of Maryland shall be followed. Each day such violation continues or occurs shall be considered a separate offense.
B.
In addition, the Town shall be entitled to exercise any other remedy
available to it, at law or in equity, to enforce the provisions of
this chapter. The Town may terminate collection services to any property
which habitually or regularly violates the provisions of this chapter.
