[HISTORY: Adopted by the Town Meeting of
the Town of Westwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Art. 10, § 2 of the
General Bylaws; amended in its entirety 5-1-2023 ATM by Art. 19[1]]
No person shall litter or dispose of any refuse
on or in any public land, way, sidewalk, pond, stream, brook, watercourse
or on any private land except with the consent of the owner thereof.
For the purpose of controlling the maintenance and operation
of dumpsters to protect and promote public health, safety, environmental
conservation, and general welfare, no person or entity shall operate,
keep, store, use or maintain a waste and/or recycling container associated
with a nonresidential or multifamily residential property, including
without limitation a dumpster, compactor or other container intended
or used for trash or recycling materials, except in accordance with
this section.
Any waste and/or recycling container associated with a nonresidential
or multifamily residential property shall have an impermeable lid
or cover integral to the dumpster, compactor or container itself,
and shall be located on an impervious surface designed to prevent
the discharge of contaminated runoff or leachate into the soil, groundwater,
or surface water. All such containers shall be fully screened within
a gated dumpster enclosure so as not to be visible at eye level from
any point on an abutting parcel or within any public right-of-way.
Dumpster enclosures shall be solidly constructed of wood, stone, brick
or similar materials, and shall not include chain link fencing, with
or without vinyl privacy slats. Dumpster enclosure gates shall be
closed and fastened at all times other than during brief periods of
active loading and/or unloading of trash and/or recycling materials.
All waste and/or recycling containers shall be in good condition
free of damage caused by wear or misuse that would allow leaks or
access by rodents. All such containers shall be deodorized and washed
on a semiannual basis to prevent persisting putrescence or the buildup
of potentially harmful or dangerous residues. The Health Director
or Sanitarian may require more frequent cleaning, if necessary. If
rodent activity or other site hygiene issues are prevalent, the Health
Director or Sanitarian may require additional design/containment requirements
utilizing best available technology.
Waste and/or recycling containers shall not be filled more than
one hour before the start of business or one hour after the close
of business of an associated commercial establishment, nor between
the hours of 12:00 midnight and 6:00 a.m. at a multifamily residential
property. Said containers shall not be emptied between the hours of
12:00 midnight and 6:00 a.m.
Any persons violating the provisions of this bylaw shall be
punished by a fine of $100 for each offense. Each day that said violation
continues shall be considered a separate and continuing offense.
Strict compliance with this bylaw may be waived if the Select
Board finds that the waiver is in the public interest and is consistent
with the intent and purpose of this bylaw.
If any section or provision of this bylaw is held invalid, it
shall not invalidate any other section or provision hereof. If the
application of any provision of this bylaw to any person or circumstances
is held invalid, it shall not invalidate the application of this bylaw
to other persons and circumstances hereof.
