[HISTORY: Adopted by the County Council of
Wicomico County 5-10-1993 by Bill No. 1993-14. Amendments noted where applicable.]
This chapter is enacted to secure and protect
the public health, safety, property and general welfare by prohibiting
the throwing, dumping or depositing of garbage, rubbish or refuse
into the streets or other public places or on any private lands other
than those duly designated for that purpose.
[1]
Editor's Note: Former Ch. 156, Grading and
Earthmoving, adopted 2-16-1971 as Ord. No. 34, as amended, was repealed
6-13-1985 by Ord. No. 1985-9. For current regulations regarding grading
occurring within the unincorporated area of Wicomico County, see § 8-1101
et seq. of the Natural Resources Article of the Annotated Code of
Maryland.
As used in this chapter, the following terms
shall have the meanings indicated:
Any employee or agent of the Wicomico County Department of
Public Works.
All putrescible (or decayable) waste, including animal and
vegetable waste resulting from the handling, preparation, cooking
and consumption of food and carcasses of dead animals.
All rubbish, waste matter, refuse, garbage, trash, debris,
dead animals or other discarded, dumped, thrown away or deposited
materials of every kind and description.
Any person who generates or creates litter, garbage, rubbish
or refuse.
Any individual, firm, partnership, company, corporation,
association, society or other entity.
The right-of-way of any road or highway; any body of water
or watercourse or the shores or beaches thereof; any park, parking
facility, playground, public service company property or transmission
line right-of-way, building, refuge or conservation or recreation
area, any commercial, industrial, residential or farm properties,
timberlands or forest.
Includes garbage, rubbish, trash and litter.
Generally all waste materials and refuse of every character,
except garbage; and the term shall include all dry material produced
by households, commercial or industrial establishments, such as paper,
rags, cans, bottles and other containers and ashes; rubber, leather,
tree branches and yard trimmings; bulky objects, such as discarded
household appliances, equipment, mattresses and box springs and other
furniture; building, demolition and construction waste and all other
waste materials.
It shall be unlawful for any person to throw,
dump or deposit or to cause or permit to be thrown, dumped or deposited
any litter, garbage, rubbish or refuse on any public or private property
other than property designated by the county or state for the disposal
of such litter, garbage, rubbish or refuse.
A.
Whenever litter, garbage, rubbish or refuse is thrown,
dumped or deposited in violation of this chapter and the identity
of the person throwing, dumping or depositing said material cannot
be determined, the owner of said material shall be presumed to be
responsible for the violation.
B.
The person identified as the recipient of addressed
mail, correspondence, envelopes, invoices or shipping tags contained
within any litter, garbage, rubbish or refuse unlawfully thrown, dumped
or deposited upon any public or private property within the county
shall be presumed to be the owner of said litter, garbage, rubbish
or refuse and shall be responsible for the violation of this chapter.
C.
The generator of any litter, garbage, rubbish or refuse
unlawfully deposited or placed upon any public or private property
within the county shall be presumed to be the owner of such material
and responsible for any violation of this chapter until the garbage,
rubbish or refuse is disposed of in a lawful manner.
D.
The presumption of ownership established by this section
may be rebutted by clear and convincing evidence that the generator
or owner of the litter, garbage, rubbish or refuse deposited the same
with a contractor whose business is the lawful disposal of such material.
E.
The decision of the enforcing officer as to whether
particular articles are litter, garbage, rubbish or refuse as herein
defined shall be final; and if articles of litter, garbage, rubbish
or refuse have been mixed with other articles not constituting litter,
garbage, rubbish or refuse as herein defined, the enforcing officer
shall be entitled to treat all such mixed articles as litter, garbage,
rubbish or refuse.
[Amended 10-24-2000 by Bill No. 2000-9]
A.
Any person who unlawfully throws, dumps or deposits
or causes or permits to be thrown, dumped or deposited garbage, rubbish
or refuse on public or private property within the county shall be
guilty of a civil infraction and shall be subject to a fine. An enforcing
officer is hereby authorized to issue citations for civil infractions
of this chapter.
If any provision of this chapter or the application
thereof to any persons or circumstances is held invalid by a court
of competent jurisdiction, the remainder of this chapter and the application
of such provision to persons or circumstances other than those as
to which it is held invalid shall not be affected thereby. The powers
conferred by this chapter shall be in addition and supplemental to
the powers conferred by any other law.
[Added 7-19-2005 by Bill No. 2005-10]
A.
A permit is required for the disposal of household refuse at any county transfer station or the Newland Park Landfill, except as provided in Subsection B, below.
B.
A permit is not required for the disposal of household
refuse at the Newland Park Landfill, provided that the individual
uses the scale facility to weigh in and weigh out and pays the fee
per pound established by the County Council for all refuse discarded.
C.
Application for a permit shall be made on forms approved
by the Department of Public Works and shall be accompanied by a copy
of the vehicle registration card.
D.
Application for a permit shall be made by the owner
of the vehicle to which the permit will be affixed.
A.
The Director of the Department of Public Works shall
examine or cause to be examined all applications for permits within
a reasonable time after filing. If the application does not conform
to the requirements of all pertinent laws, he shall reject such application
in writing, stating the reasons therefor. If he is satisfied that
the application conforms to the requirements of this Code and all
laws and ordinances applicable thereto, he shall issue a permit as
soon as practicable.
B.
Permits shall be valid for a period of one year from the date of
issuance.
[Amended 8-2-2016 by
Bill No. 07-2016]
A.
It shall be unlawful to dispose of household refuse
at a county transfer station or landfill except in conformity with
this article.
B.
Any person who shall violate a provision of this article
shall be guilty of a civil infraction, punishable by a fine of not
more than $1,000. The Director of the Department of Public Works or
his designee is hereby authorized to issue citations for civil infractions
of this chapter. Each day that a violation continues shall be deemed
a separate offense.