[HISTORY: Adopted by the Mayor and Council of the Town of Rock Hall 10-6-1977
by Ord. No. 26. (The provisions of this chapter are derived
from Section 218 of Chapter 2 of the former Code of Ordinances of the Town
of Rock Hall, adopted 10-6-1977 by Ord. No. 26.)
Amendments noted where applicable.]
No person engaged in excavating or repairs to structures or grounds
or construction or having charge or control of excavations or repairs to structures
or grounds or construction or who may be engaged in or have charge or control
of conveying material to or from excavations, repairs to structures or grounds
or construction shall deposit or permit to be deposited, in any manner, upon
the surface of any street, alley, avenue, highway, footway, sidewalk, parking
or other public space within the corporate limits of the Town of Rock Hall,
either by placing, spilling, dropping or tracking from the wheels of vehicles
or from the feet of animals, or otherwise, any earth, clay, mud, sand, gravel
or other material. If any such deposit occurs, every person whose duty it
is under this section to prevent such deposit shall promptly remove the same.
All macadamized or broken stone roadways adjacent to excavations or traversed
by vehicles either in the process of conveying material from any excavation
or in returning from the place of deposit to the place of excavation shall
be covered with planking so far as may be required to prevent any mud, earth,
clay or other material from the excavation or from the place of deposit from
reaching the surface of such roadway.
No one being the owner, driver, manager or conductor of any cart or
other vehicle shall carry or convey or cause to be carried or conveyed in
such vehicle any coal, earth, sand, gravel, broken stone, dirt, ashes, paper
and other rubbish or any loose fluid or offensive articles or matter or any
articles whatsoever within the corporate limits of said Town of Rock Hall
so that the same shall or may be scattered, dropped, let fall, blown or spilled
therefrom; and all vehicles conveying combustible refuse or foul, dusty or
offensive matter of any sort shall have tight bodies and be closely and securely
covered. All vehicles conveying wastepaper and wastepaper products, baled,
sacked or otherwise, shall be closely and securely covered.
Owners of lots abutting upon streets, avenues or alleys or upon public
parking or other public space in the Town of Rock Hall and which are above
grade shall protect such lots so as to prevent dirt, sand or gravel or any
bushes, trees or like things from falling or being washed upon the sidewalks,
streets, alleyways or other public space adjacent to the same.
[Added 12-5-1996 by Ord. No. 96-09]
No person shall throw or deposit litter in or upon any street, sidewalk
or other public place within the town except in public receptacles or in authorized
private receptacles for collection.
[Added 12-5-1996 by Ord. No. 96-09]
A.
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.
B.
It shall be unlawful for any person to place residential
or commercial trash or trash bags into public pedestrian receptacles.
[Added 12-5-1996 by Ord. No. 96-09]
No person shall sweep or deposit into 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 sidewalk in front of their premises free of litter.
[Added 12-5-1996 by Ord. No. 96-09]
No person owning or occupying a place of business shall sweep or deposit
into 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 places of business within the town
shall keep the sidewalk in front of their business premises free of litter.
[Added 12-5-1996 by Ord. No. 96-09]
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.
[Added 12-5-1996 by Ord. No. 96-09]
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 whose wheels or tires carry onto or deposit in any street,
alley or other public place mud, dirt, sticky substances, litter or foreign
matter of any kind.
[Added 12-5-1996 by Ord. No. 96-09]
A.
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.
B.
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.
[Added 12-5-1996 by Ord. No. 96-09]
A.
Distribution in public places. 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
or distribute, without charge to the receiver thereof, any noncommercial handbill
to any person willing to accept it.
B.
Distribution on vehicles. 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.
C.
Distribution on uninhabited or vacant premises. No person
shall throw or deposit any commercial or noncommercial handbill in or upon
any private premises which is temporarily or continuously uninhabited or vacant.
D.
Distribution on private premises.
(1)
Distribution prohibited where properly posted. 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 advertisement" or any similar notice indicating in any matter that the
occupants of said premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such premises.
(2)
Distribution at inhabited private premises. 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 the 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 secure or prevent such handbill from being
blown or drifted about such premises or sidewalks, streets or other public
places, except that mailboxes may not be so used when so prohibited by federal
postal laws or regulations.
(3)
Applicability of provisions for mail and newspapers.
The provisions of this subsection shall not apply to the distribution of mail
by the United States nor to newspapers, as defined herein, 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.
[Added 12-5-1996 by Ord. No. 96-09]
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.
[Added 12-5-1996 by Ord. No. 96-09]
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.
[Added 12-5-1996 by Ord. No. 96-09]
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.
[Added 12-5-1996 by Ord. No. 96-09]
No person shall throw or deposit litter on any open or vacant private
property within the town, whether owned by such person or not.
[Added 12-5-1996 by Ord. No. 96-09]
A.
Notice to remove. The Mayor and Council are hereby authorized
and empowered to notify the owner of any open or vacant private 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 sent by registered mail, addressed to said
owner at his last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of such written notice provided for in Subsection A above or within 20 days after the date of such notice in the event that the same is returned to the town post office because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Mayor and Council is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the town.
C.
Charge included in tax bill. When the town has effected
the removal of such dangerous litter or has paid for its removal, the actual
cost thereof, plus accrued interest at the rate of 6% per annum from the date
of the completion of the work, if not paid by such owner prior thereto, shall
be charged to the owner of such property on the next regular tax bill forwarded
to such owner by the town. Said charge shall be due and payable by said owner
at the time of payment of such bill.
D.
Recorded statement constitutes lien. Where the full amount due the town is not paid by such owner within 30 days after the disposal of such litter as provided for in Subsections A and B above, then and in that case the Mayor and Council shall cause to be recorded in the office of the Town Administrator a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. 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 interest, plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 6% in the event that same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done 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 that the same is due and collectible as provided by law.
[Added 8-10-1979 by Ord. No. 79-6;
amended 5-5-1994 by Ord. No. 94-4; 12-5-1996
by Ord. No. 96-09]
Violations of this chapter shall be punishable as a municipal infraction.
Violators shall be subject to a fine not to exceed $100. Repeat offenders
may be assessed a fine not to exceed $200 for each offense.
