As used in this chapter, the following terms shall have the meanings indicated:
BRUSH Uncultivated woody shrubs and/or immature trees.
GARBAGE Animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and serving of foods.
GRASS Herbaceous ornamental plants intended to be periodically cut close to the ground for the establishment of a lawn or ground covering; may also be used as ground covering for the establishment of drainage swales, flood routes, or water detention basins.
OWNER Includes an individual or individuals, society, club, firm, partnership, corporation or an association of persons, and the singular number shall include the plural number.
RESIDENTIAL DISTRICTS Includes zoning districts designated as "R-40" districts, "Hamlet Residential" districts and "Farm" districts in the Town of Pompey.
RUBBISH A. Includes the following:
(1) Lumber, junk, trash, debris, building materials, or any other deleterious materials.
(2) Any abandoned, discarded or unused objects or equipment, such as, but not limited to, automobiles, automobile parts, furniture, stoves, refrigerators, freezers, appliances, cans, containers or vehicle tires.
[Amended 8-5-2013 by L.L. No. 3-2013]
(3) Any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or gas, or attract rodents, vermin or other disease-carrying pests, animals or insects.
(4) Any unsanitary matter or materials.
(6) Tree trimmings, brush, or shrubbery trimmings, grass clippings, trees, brush or shrubbery or portions thereof severed from their roots, or uprooted trees, brush or shrubbery.
B. Does not include hazardous wastes.
SOLID WASTE Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing.
WEEDS Wild and useless plants growing at random in inappropriate locations, including such vegetation as poison ivy, jimsonweed, ragweed or other poisonous or harmful plant or plants detrimental to the public health.
If the owner upon whom the notice is served fails, neglects or refuses to comply with said notice within 10 days after the service of such notice, or, if such notice was served by posting upon the premises, then within 15 days after such posting, the Highway Superintendent shall cause such brush, grass, rubbish or weeds on such lot or land to be cut and/or removed, and all such expenses incurred in such work shall be certified by the Highway Superintendent to the Town Clerk and shall thereupon become and be a lien upon the property on which such work was performed and shall be added to and become part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rates as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. Such violation shall not be a crime, and the penalty or punishment imposed shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any liability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof. Each week's continued violation shall constitute a separate additional violation.