[HISTORY: Adopted by the City Council of
the City of Fitchburg 5-18-1993 by Ord. No. 122-93. Amendments noted
where applicable.]
This chapter shall be known and may be cited
at the "City of Fitchburg Antilitter Ordinance."
A.
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meaning given
herein. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
B.
AIRCRAFT
AUTHORIZED PRIVATE RECEPTACLE
CITY
COMMERCIAL HANDBILL
(1)
(2)
(3)
GARBAGE
LITTER
NEWSPAPER
NONCOMMERCIAL HANDBILL
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
As used in this chapter, the following terms shall
have the meanings indicated:
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as required and
authorized in the State Sanitary Code, 105 CMR § 410.600.
The City of Fitchburg, County of Worcester, Commonwealth
of Massachusetts.
Any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copies of any matter of literature
which:
Advertises for sale any merchandise, product,
commodity or thing;
Directs attention to any business, mercantile
or commercial establishment or other activity for the purpose of,
either directly or indirectly, promoting the interest thereof by sales;
or
Directs attention to or advertises any meeting,
theatrical performance, exhibition or event of any kind, when any
of the same are held, given or take place in connection with the dissemination
of information which is not restricted under the ordinary rules of
decency, good morals, public peace, safety and good order; or charitable
function, provided that nothing contained in this subsection shall
be deemed to authorize the holding, giving or taking place or any
meeting, theatrical performance, exhibition or event of any kind without
a license, where such license is or may be required by law of this
Commonwealth or under any ordinance of this City.
Putrescible animal and vegetable or other organic wastes
resulting from the handling, preparation, cooking and consumption
or cultivation of food and cans and containers which have contained
food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited, as herein prohibited,
tends to create a danger to public health, safety and welfare and/or
the aesthetic.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulations,
and any newspaper filed and recorded with any recording officer as
provided by general law and, in addition thereto, shall mean and include
any periodical or magazine, regularly published and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a "commercial handbill" or "newspaper."
A park, reservation, playground, beach, recreation center
or any other public area in the City, owned or used by the City and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways or passage and any and all public parks, squares, spaces,
grounds and buildings.
All putrescible and nonputrescible solid wastes, except body
wastes, including but not limited to garbage, ashes, street cleanings,
dead animals, abandoned automobile and solid market and industrial
wastes and rubbish as defined in 105 CMR § 410.041.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the City except
in public receptacles, in authorized private receptacles for collection
or in official City dumps.
Persons placing litter in public receptacles
or in authorized private receptacles shall so do 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 City 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.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the City 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 City shall keep
the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger, shall
throw from any vehicle or deposit litter upon any street or other
public place within the City or upon private property.
No person shall drive or move any truck or other
vehicle within the City 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 commercial vehicle or truck within the City, 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 City 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 or any other body of water in a park
or elsewhere within the City.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any sidewalk, street or other
public place within the City, nor shall any person hand out or 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 City for any person to hand out or distribute, without
charge to the receiver thereof, any handbill to any person willing
to accept it.
No person shall throw or deposit any commercial
or noncommercial handbill in or upon any vehicle without the consent
of the owner; 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 handbill to any occupant of a vehicle who
is willing to accept it.
No person shall throw or deposit any letter
or commercial or noncommercial handbill in or upon any private premises
which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute
any commercial or noncommercial handbill upon any private premises
if requested by the owner or lawful occupant 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 advertisements" 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.
A.
No person shall throw, deposit or distribute any litter
or commercial or noncommercial handbill in or upon private premises
which are inhabited, except in the case of handbills 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 placed or deposited so as to 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 Postal Service 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.
No person in an aircraft shall throw out, drop
or deposit within the City any litter, handbill or any other object.
No person shall throw or deposit litter on any
occupied private property within the City, 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.
No person shall throw or deposit litter on any
open or vacant property within the City limits, whether owned by such
person or not.
The owner of any parcel of land, vacant or otherwise,
shall be responsible for maintaining such parcel of land in a clean
and sanitary condition and free from the litter. The owner of such
parcel shall correct any condition caused by or on such parcel which
affects the public health, safety or well-being or which violates
or causes a violation of this chapter.
A.
Notice to remove. The Health Director or his or her agent is hereby authorized and empowered to order the owner of any parcel of land, vacant or otherwise, within the City limits or the agent of such owner to properly dispose of litter located on such owner's property or to correct any condition which violates the duties imposed by § 128-19. Such order shall be by certified mail, addressed to said owner at his or her last known address or served upon him or her in person.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any person notified to dispose of the litter properly within 10 days after receipt of written order provided for in Subsection A above or within 30 days after the date of such order in the event that the same is returned to the office of the City Health Director 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 Health Director or his or her agent is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City at the expense of the person liable to comply. Such expense may be recovered on a civil suit for breach of contract.
[Amended 6-3-2014 by Ord.
No. 100-2014]
C.
Charge included in tax bill. When the City has removed
such litter or has paid for its removal, the actual cost thereof,
plus accrued interest at the rate of 8% 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 City, and 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 City 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 Treasurer shall cause to be recorded in the Registry of Deeds, Worcester County, a sworn statement showing the cost and expense incurred for the work, the date the work was done and the locations 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 8% in the event that the 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.
A.
Any person violating any provisions of this chapter
shall be fined as follows: $250 for the first offense, $500 for the
second offense, $1,000 for the third offense and $2,000 for the fourth
and any subsequent offenses for such illegal dumping within the City
limits.
[Amended 12-4-2007 by Ord. No. 262-07]
B.
The City may collect and enforce the payment of any
charges or costs imposed pursuant to this chapter by appropriate legal
proceedings or by the procedures, powers and privileges granted to
cities under MGL c. 40, § 38, and/or MGL c. 83, §§ 16-16F,
inclusive.
C.
Any person found responsible in a civil action to
enforce this chapter shall be required to pay a civil penalty of three
times the amount, up to a maximum of $5,000, estimated or actually
paid by the City to remove such material from either public or private
property. In the event that a person fails or refuses to pay such
civil penalty, the amount so owed shall constitute a municipal charge
and the City shall have a lien upon any real estate owned by such
person in the commonwealth.
[Added 12-4-2007 by Ord. No. 262-07]
If any section, subsection, sentence, clause,
phrase or portion of this chapter is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.
