It is the intent of the City Council that this
chapter be liberally construed for the purpose of providing a sanitary
and satisfactory method for the collecting, storing, disposing and
recycling of waste for residences participating in the City waste
collection and recycling program in a clean, orderly and sanitary
condition for the benefit of the health and welfare of the citizens
and visitors to Lowell.
The following words, terms and phrases, when
used in this chapter, shall have the meanings respectively ascribed
to them in this section, except where the context clearly indicates
a different meaning:
BARREL
A City-approved barrel used for storage of waste in the manner
and means prescribed by the Commissioner.
BULKY ITEM
Any large-sized item weighing less than 100 pounds that cannot
be placed in a City bag, cart or barrel but is otherwise acceptable
as waste and includes but is not limited to furniture, rugs, beds,
mattresses, shelves and similar items.
CART
A City-issued cart, owned by the City, provided to households,
and used for storage of waste in the manner and means prescribed by
the Commissioner.
CITY BAG
A prepaid trash bag authorized by the City and used for the
collection and disposal of excess waste.
COMMISSIONER
The Commissioner of the Department of Public Works or his/her
duly authorized representative.
CRT
Cathode ray tubes that are intact, broken or other state
used to provide visual displays along with any attachments, which
include but are not limited to televisions, computer monitors and
scientific instruments.
CURBSIDE COLLECTION
The portion of the City's waste collection and recycling
program where the City collects waste and recyclables from a household's
address.
CURBSIDE RECYCLABLES
Discarded nonhazardous food containers and nonsoiled paper
products capable of being reclaimed and considered to be marketable
and shall mean the following items placed untied in a recycling bin
or barrel: glass bottles/jars, clean plastic containers labeled No.
1 through No. 5 and nonfoam No. 6 and No. 7 (labels and caps), aluminum/tin/steel
cans and lids, milk cartons and juice boxes, newspapers and inserts,
magazines, catalogs, telephone books, mail, office paper, paperboard
(such as cereal or cracker boxes), flattened corrugated cardboard
smaller than three feet by three feet, and brown paper bags.
DESIGNATED HAULER
A business that collects waste generated in the City of Lowell,
licensed by the Board of Health and in accordance with all applicable
provisions of federal, state and local laws, the Sanitary Code and
rules and regulations established by the Commissioner.
DUMPSTER
Refuse dumpsters as defined in §
171-13 of this Code and construction dumpsters as defined in §
115-2 of this Code.
DWELLING UNIT
Any room or suite of rooms forming a habitable unit for one
family unit with its own cooking and food storage equipment and its
own bathing and toilet facilities and its own living, sleeping and
eating areas wholly within such room or suite of rooms. See "dwelling
unit" as defined in the City's Zoning Book.
HOUSEHOLD
A building consisting solely of dwelling units and containing
no more than one to four said units and no more than six, provided
that said household is owner-occupied or dwelling units in a mixed
use building that contains no more than one to four said units.
[Amended 11-25-2008; 3-24-2009]
RECYCLING BIN
A City-issued container or a City-approved alternative container
used for recycling household curbside recyclables. A City recycling
bin is owned by the City and provided to households. City-approved
alternative containers are prescribed in a manner and means as authorized
by the Commissioner.
RELIGIOUS RESIDENTIAL PROPERTY
The residential address of a duly organized corporation registered
with the commonwealth's Secretary of State as a religious entity.
WASTE
Any trash, bottles, cans, refuse, rubbish, garbage, debris,
bulky items, scrap, waste or other material of any kind.
[Added 11-22-2011]
WHITE GOODS
Any appliance employing electricity, oil, natural gas, liquefied
petroleum gas or any other fuel source. Examples include but are not
limited to ovens, stoves, dish washers, washing machines, dryers,
refrigerators, freezers, hot-water heaters and air conditioners.
YARD WASTE
Any grass clippings, leaves, twigs, branches/limbs, and all
other garden refuse. Any brush and tree branches/limbs must be less
than three inches in diameter, three feet or less in length. Any such
brush or branch/limb must be tied (nonmetallic twine) in bundles less
than 35 pounds. Trees (including Christmas trees), branches/limbs
(greater than three inches in diameter) and stumps are not yard waste.
[Amended 12-23-2008]
Only a household or a religious residential
property is eligible for curbside collection. Whoever violates this
section shall be subject to the following fines: $25 for the first
violation and $100 for all subsequent violations.
Waste placed for curbside collection shall not
be disturbed, collected or removed accept by the household that placed
said waste, a designated hauler or agent of the City. Violation of
this section is subject to a fine of $25.
The City may enter into agreements with other
governmental units or private entities for the collecting, storing,
and disposing of waste and recyclable items. The City may take into
consideration the volume and type of waste to be addressed and the
making of other regional cooperative agreements with governmental
units.
The Commissioner with the approval of the City
Manager may promulgate rules and regulations for the implementation
of this chapter.