[HISTORY: Adopted by the Town of North Haven 12-12-1972
Special Town Meeting. Amendments noted where applicable.]
For the purposes of this ordinance, the following terms, phrases and
words and their derivations shall have the meanings given herein. The word
"shall" is always mandatory and not merely directory.
A litter storage and collection receptacle.
Garbage, refuse, rubbish and all other waste materials which, if
thrown or deposited as herein prohibited, tend to create a danger to the public
health, safety or welfare.
Any land or dwelling, house, building or other structure designed
or used, either wholly or in part, for private residential purposes or commercial
or industrial purposes, whether inhabited or temporarily or continuously uninhabitated
or vacant, and shall include any yard, grounds, walk, driveway, parking lot,
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 and any and all public parks, squares, spaces, grounds and buildings.
The Town of North Haven.
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, firm or corporation shall:
A.Â
Deposit or cause to be deposited any litter within the
boundaries of a public highway or any other public property, provided that
this section shall not apply to materials lawfully deposited in a municipally
regulated or operated dumping area.
B.Â
Deposit or cause or permit to be deposited or retain
or cause or permit to be retained any litter on any private property designed
or used, either wholly or in part, for private, residential, commercial or
industrial purposes within the town.
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. Covers shall be firmly in place on receptacles.
Plastic bags shall be closed.
No person owning or occupying private property or 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 or from any public
or private sidewalk or driveway. Persons owning or occupying property within
the town shall keep the sidewalk in front of this property 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.
If a vehicle is loaded in such a way or with such material that parts
of the load may be blown or deposited upon any street or other property, then
the load shall be covered.
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 pond, lake, stream or
bay or any other body of water in a park or elsewhere within the town.
No person shall post any notice, poster or other paper or device calculated
to attract the attention of the public on any lamppost, public utility pole
or shade tree or upon any public equipment or structure or building, except
as may be authorized or required by law.
The owner, tenant and/or person in control of any private property shall
at all times prevent litter from accumulating so as to become a nuisance;
provided, however, that this section shall not prohibit the storage of litter
in authorized private receptacles for collection. Private receptacles shall
be removed from the curb within 24 hours.
No person shall throw or deposit litter on any occupied, open or vacant
private property within the town, whether owned by such person or not.
The owner, tenant and/or person in control of any private property shall
control litter on his property so as to keep it from being carried by the
elements upon the sidewalk, street or other private property. In the event
that litter is carried from said property onto adjacent public or private
property, the owner, tenant and/or person in control of said property shall
be responsible for clearing the litter from said adjacent public or private
property. This section shall be enforced against the persons responsible in
the manner provided in the ordinance hereof.
A.Â
Notice to remove. The zoning enforcement agent of the
town is 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. Such notice shall
be by registered mail addressed to said owner at his last known address.
B.Â
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of said litter within 15 days after receipt of written notice provided for in Subsection A above or within 30 days after the date of such notice in the event that the same is returned to the Post Office Department 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 zoning enforcement agent is hereby authorized and empowered to order its disposal by the town.
C.Â
Charge for removal. When the town has effected the removal
of 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 and a bill forwarded to such owner by the town,
and said charge shall be due and payable within 15 days of the billing date.
D.Â
Recorded statement constitutes lien. Where the full amount due the town is not paid by such owner within 15 days of the billing date as set forth in Subsection C above, then and in that case the zoning enforcement agent shall cause to be recorded in the Town Clerk's office 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. In the event that said costs and expenses have not been paid after the recordation of said lien, then the town may take action for the collection of the same by foreclosing upon said lien in the manner provided by the General Statutes for the foreclosure of mortgages. 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.
Any person, firm or corporation violating this ordinance shall be fined
not less than $10 nor more than $100. Any responsible officer or director
of a firm or corporation may be prosecuted for a violation of this ordinance.
Each day of noncompliance with a notice issued pursuant to this ordinance
may constitute a separate violation.
Nothing in this ordinance shall be construed or intended to:
A.Â
Permit the establishment or maintenance of private dumping
areas.
B.Â
Prevent the establishment or maintenance of private composting
areas.
C.Â
Prevent any operations normally carried on for farm purposes.
D.Â
Prohibit the placing of leaves in the street or alongside
the curb for collection by a town agency during the period or periods of time
specifically authorized and proclaimed by the Police Department and/or the
Public Works Department.
All ordinances or sections of ordinances in conflict with the provisions
of this ordinance are hereby repealed. If any provisions of this ordinance
are held void by a court of competent jurisdiction, such holding shall not
affect any other provision contained herein.
