[HISTORY: Adopted by the Mayor and Council
of the Town of Hampstead 11-18-1974 by Ord. No. 164. Amendments noted where
applicable.]
No person shall throw or deposit litter in or
upon any street, sidewalk or other public way within the Town except
in public receptacles, in authorized private receptacles for collection
or in official Town or county dumps.
Persons placing litter in public receptacles
or in authorized 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 or occupying property shall keep the sidewalks
in front of their premises free of litter.
No person owning 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 from any public or private sidewalk or driveway. Persons owning
or occupying places of business within the Town shall keep the sidewalks
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, alley or other public place; nor shall any person
drive or move any vehicle or truck within the Town, the wheels or
tires of which carry onto or deposit in any street, alley or other
public place mud, dirt, sticky substances, litter or foreign matter
of any kind.
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. 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 litter in any
fountain, pond, lake, stream, bay or any other body of water in a
park or elsewhere within the Town.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the Town, nor shall any person hand out, distribute
or sell any commercial handbill in any public place; provided, however,
that it shall not be unlawful on any sidewalk, street or other public
place within the Town for any person to hand out or distribute, without
charge or to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute, without charge to the receiver thereof, a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises
if requested by anyone thereon not to do so or if there is placed
on said premises, in a conspicuous position near the entrance thereof,
a sign bearing the words: "No Trespassing," "No Peddlers or Agents,"
"No Advertising" or similar notice indicating in any manner that the
occupants of said property do not desire to be molested or have their
right of privacy disturbed or to have any such handbills left upon
the premises.
A.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handing or transmitting any such handbill directly to the
owner, occupant or other person then present in or upon such private
premises; provided, however, that in case of inhabited private premises
which are not posted, as provided in this chapter, such person, unless
requested by anyone upon such premises not to do so, may place or
deposit any such handbill in or upon such inhabited private premises
if such handbill is so placed or deposited as to be secure or prevent
such handbill from being blown or drifted about such premises or sidewalks,
streets or other public places, and except that mailboxes may not
be so used when so prohibited by federal postal law or regulations.
B.
Exemption for mail and newspapers. The provisions
of this section shall not apply to the distribution of mail by the
United States or to newspapers, except that newspapers shall be placed
on private property in such a manner as to prevent their being carried
or deposited by the elements upon any street, sidewalk or other public
place or upon private property.
No person shall post or affix any notice, poster
or other paper or device, calculated to attract the attention of the
public, to any lamppost, public utility pole or shade tree or upon
any public structure or building, except as may be authorized or required
by law.
No person shall throw or deposit litter on any
occupied private property within the Town, whether owned by such person
or not, except that the owner or person in control of private property
may maintain authorized 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 or person in control of any 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 authorized private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the Town, whether owned by
such person or not.
[Amended 10-14-2008 by Ord. No.
457]
A.
Notice to remove.
(1)
The Town Manager and/or the Town Attorney is hereby authorized and empowered to notify the owner of any property within the Town or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be delivered in accordance with § 30-4 of the Town Code.
(2)
Once written notice has been provided of a violation
of this chapter, any further violations on the property within one
year of the notice shall be subject to immediate enforcement.
B.
Action upon noncompliance. Upon the failure, neglect
or refusal of any owner or agent so notified to properly dispose of
litter which is dangerous to the public health, safety or welfare
within 10 days after service of notice, the Town Manager and/or the
Town Attorney is hereby authorized and empowered to take such actions
as are necessary to dispose of such litter, whether by municipal employees
or by a private contractor.
[Amended 2-16-1993 by Ord. No. 231; 3-15-1993 by Ord. No. 246; 10-14-2008 by Ord. No. 457]
Noncompliance with the terms of this chapter
shall constitute a municipal infraction subject to a fine not to exceed
$250. Each day such noncompliance shall continue unabated shall constitute
a separate infraction.
