[HISTORY: Adopted by the Mayor and Council of the Town of Hampstead 6-14-1994
by Ord. No. 258.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 47.
Littering — See Ch. 88.
Nuisances — See Ch. 95.
[1]
Editor's Note: This ordinance also repealed former Ch. 73, Garbage,
Rubbish and Refuse, adopted 11-18-1974 by Ord. No. 163, as amended.
A.
The purpose of this chapter is to protect, maintain and
enhance the public health, safety and the general welfare by establishing
requirements and procedures relating to the collection, recycling and disposal
of solid waste in the Town of Hampstead.
B.
Article XI-E of the Maryland Constitution, Article 23A
of the Annotated Code of Maryland and the Town Charter authorize the Town
to enact ordinances for the protection and promotion of public safety, health,
morals and welfare.
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, branches and stumps, construction and remodeling waste which
cannot be handled by normal municipal waste processing, collection or disposal
methods.
An establishment engaged in nonmanufacturing or nonprocessing business,
including but not limited to stores, markets, office buildings, restaurants,
shopping centers and theaters.
A multi-unit structure with ownership in common, such as an apartment
house.
A portable device in which solid waste is held for storage or transportation.
The deposition, injection, dumping, spilling, leaking or placing
of solid waste into or on the land or water in such 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 establishment engaged in service, including but not limited to
hospitals, nursing homes, life care communities, care homes and schools.
A building containing two or more dwelling units.
Garbage, refuse and other discarded materials, including solid, liquid,
semisolid or contained gaseous materials resulting from residential and municipal
activities.
Units that normally have more than 96 gallons of refuse per week.
The 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 to public
health, safety or welfare or to domestic, municipal, commercial, industrial,
agriculture, recreational or other legitimate beneficial uses or to livestock,
wild animals, birds, fish or other life.
Technology used for the purpose of reducing 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.
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 include
but are not limited to cardboard, paper, bottles, cans, clothing, plastic
containers, gutter and down spouting, lumber scraps, paint cans, screens and
storm windows, rug scraps, newspapers, telephone books and magazines which
can be handled by normal municipal waste processing, collecting or disposal
methods.
Single-family detached, single-family semidetached and single-family
attached residential housing units and apartments, including garden apartments
and condominiums, that have no more than 96 gallons of refuse per week, per
unit.
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 units.
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 origin
for the purpose of recycling.
The containment of waste on a temporary basis which does not constitute
disposal of the waste.
The Town Manager of the Town of Hampstead, Maryland.
As defined in the Hampstead Code for the purpose of water billing.
[1]A material whose original purpose has been completed and which is
directed to a disposal or processing facility or is otherwise disposed of.
The term does not include source-separated recyclable materials.
Grass clippings, hedge clippings, tree branches smaller than four
feet in length and less than two inches in diameter, leaves and other waste
as may be generated from a residential gardening operation.
This chapter shall be administered by the Town Manager. The Town Manager,
subject to the approval of the Mayor and Town Council, may establish regulations
regarding the collection and disposal of solid waste. These regulations may
include, among other subjects, the days, hours and routes for the collection
of solid waste; the specifications for solid waste and recycling containers
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; and limiting the amount of solid waste or the number
of containers that may be set out for any one premises at any one time. Copies
of any such regulations shall be maintained in the Town Office and shall be
available for inspection during regular business hours.
[Amended 6-7-2005 by Ord. No. 416]
Each owner, occupant or other responsible person using or occupying
any building or other premises within this municipality where refuse accumulates
or is likely to accumulate shall provide and keep covered an adequate number
of refuse containers. These refuse containers shall be strong, durable and
rodent- and insectproof. They shall each have a capacity of not less than
20 nor more than 32 gallons, except that this maximum capacity and weight
shall not apply to the larger containers (toters) which are handled mechanically.
Furthermore, each unit shall not put out for pickup, at any one time, more
than 96 gallons of refuse. The weight of the refuse container and its contents
shall not exceed 50 pounds. If the amount of refuse exceeds the ninety-six-gallon
limit for any single unit, it shall be the responsibility of the owner or
occupant to contract to have the refuse removed. No refuse shall be placed
in a refuse container until such refuse has been drained of all free liquids.
Trash placed at curbside shall be in a lined container with lid or in heavy-duty
black plastic bags. Lids must be placed securely on containers and all bags
must be tied.
[Amended 6-7-2005 by Ord. No. 416; 10-11-2005
by Ord. No. 421]
Where alleys are used by the refuse collectors, containers shall be placed on or within six feet of the alley line in such a position as not to intrude upon the traveled portion of the alley. Where streets are used by the refuse collectors, containers shall be placed adjacent to and back of the curb, or adjacent by and back of the ditch or street line if there is no curb, or as prescribed by the contracted hauler for the Town of Hampstead no more than 24 hours before the time scheduled for the collection of refuse. Within 24 hours after such containers have been emptied, they shall be removed by the owner and stored within the premises or outside the premises behind the front building line until the next scheduled time for collection. Except when placed along the street or alley for collection, all refuse containers shall be stored in such a place and manner as to be not readily visible from the street or alley. Refuse containers placed near the alley or street outside of the hours allowed for collection defined herein may be considered trash subject to immediate removal and disposal by the Town and subject to the penalties authorized in § 73-14.
A.
Under the direction of the Town Manager, the Town shall maintain standard refuse and recycling collection and disposal services consisting of one collection per week for each residence. Commercial establishments will be eligible for collection under this section if they meet the requirements of § 73-4.
B.
Regular collection service shall not include removal
of items such as tires, refrigerators, air-conditioning units, furniture,
pipe, auto parts, trees, yard waste and other like items.
C.
Under the direction of the Town Manager, the Town shall
maintain standard yard waste collection and disposal services for each residence
as may be required by the Town Manager.
The collection and disposal of solid waste from nonresidential units
shall be at the cost and expense of the owner of the property. Such include,
but are not limited to, industrial uses, commercial uses, mixed units of a
commercial/residential use, institutional establishment or any combination
thereof. Such premises shall have on-site containers as required by this chapter,
or as permitted by regulations adopted hereunder. Additionally, the owners
of said premises shall cause solid waste to be removed from the premises at
regular intervals as determined by these regulations.
The Town of Hampstead, based on estimated revenues for any fiscal year,
may enter into a contract with a private contractor to collect bulk trash.
Collection days shall be established by the Town Manager, limited to no more
than four collections per year.
Yard waste shall not be treated as residential waste and will not be
picked up as part of the standard refuse and recycling collection. Yard waste
shall not be mixed with other residential waste. The Town Manager shall establish
regulations as to the type of containers, amounts and size limits of yard
waste to be collected.
Owners and occupants of occupied premises and owners and persons in
charge of unoccupied premises, including vacant lots, within the Town 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 fire hazard.
A.
Residential units. It shall be the joint responsibility
of the owner/occupant to provide a sufficient number of containers for the
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 of the multifamily units to provide a sufficient number of 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 a multifamily unit to fail to provide
such containers.
C.
Garden apartments or condominiums. It shall be the responsibility
of the owner or the association to provide an area to locate the dumpsters
provided by the contractor for the collection of refuse. The area shall be
maintained in accordance with the standards of this chapter. It shall be unlawful
for such owner or association to fail to maintain the premises in such a manner.
D.
Institutional establishments. It shall be the responsibility
of the owner and not the occupants of institutional establishments to provide
a sufficient number of 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 property to fail to provide such containers.
E.
Commercial and industrial land or buildings. It shall
be the joint responsibility of the owner/occupants of the commercial and industrial
land or buildings to provide a sufficient number of 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.
F.
Shopping centers. In addition to the responsibilities provided in Subsection E hereof, the owner and occupants of all shopping centers 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 clearly designated as receptacles for solid waste.
G.
Deficiencies. Deficiencies observed in violation of the
standards of this chapter or the regulations adopted hereunder shall constitute
prima facia evidence that the required maintenance is not adequate.
H.
Violation. A violation of this section is declared to
be a municipal infraction.
On-site disposal of solid waste by burial in a pit or open trench or
by burning is prohibited.
It shall be unlawful for any person to deposit any solid waste, including
yard waste, in or to knowingly pollute or contaminate any wetland, one-hundred-year
floodplain, watercourse, body of water, spring, well or other source of water
in the Town.
In addition to all other remedies provided by law, any violation of
this chapter shall be punished as a municipal infraction. The penalty for
violation shall be a fine of $100 for each offence. Each day a violation continues
to exist shall constitute a separate offence. Additionally, the Town may institute
any appropriate action or proceedings to prevent any violation of this chapter.
