[Amended 12-21-1994; 5-20-2011]
A.
ABANDONED VEHICLES
ANIMAL WASTE
BULK WASTE STICKER
BULK WASTES
CONSTRUCTION AND DEMOLITION WASTES
CONTAINER
DEAD ANIMALS
EXTRA BAG STICKER
GARBAGE
HANDBILL
HAZARDOUS WASTE
INDUSTRIAL WASTE
LITTER
LITTER RECEPTACLE
MARKET WASTE
NEWSPAPER
OVERGROWTH
PAPER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
SINGLE-STREAM RECYCLING
STANDARD LEGAL CONTAINER
(1)
(2)
(3)
VEHICLE
YARD WASTE
For the purpose of this chapter, the following definitions shall
be applicable:
A class of waste which includes passenger automobiles, trucks
and trailers which are useless, unwanted and/or discarded by their
owners and have been left on City streets, other public places and
on private premises.
All wastes from stables, kennels, pet pens, chicken coops,
veterinary establishments and the like.
One sticker as required for each bulk item as scheduled for
collection for bulk pickup by advance request in accordance with DPW
procedures. Bulk pickup can only be scheduled if a parcel is currently
opted in for trash services. A bulk pickup sticker is required for
each bulk item and shall cost $8 per sticker.
[Amended 9-11-2017]
All large items of refuse, such as appliances or furniture.
Other examples of bulk items include refrigerators, air conditioners,
dehumidifiers, chairs, tables, cribs, couches, bed frames, sofas,
fans, filing cabinets, TVs, plumbing fixtures, doors, windows, bicycles,
barbecue grills, mattresses, box springs, large toys, tires, lawn
mowers, snow blowers, stoves, washers, dryers, rugs, etc. Rugs must
be cut up into three- to four-foot lengths and stacked.
[Amended 9-11-2017]
All wastes that are the result of construction, remodeling,
repair and demolition operations on houses, commercial buildings,
pavements and other structures.
See "standard legal container" as defined in this section.
Those that die naturally or from diseases or are accidentally
killed or are intentionally killed. Condemned animals or parts of
animals from slaughterhouses, dog hospitals or similar places are
not included in this term, but are regarded as industrial refuse.
It is the intent of this section to describe only small animals such
as dogs, cats, rabbits, squirrels, chickens and rats that find their
homes within the wooded areas of the City or often serve as household
pets.
Any extra trash which does not fit in the trash cart with
the lid fully closed is not allowed to be stacked, but must be placed
outside the trash cart in a closed plastic trash bag (See Subsection
(3) of the definition of "standard legal container" in this section.)
no larger than 32 gallons and labeled with one extra bag sticker.
It will be collected on the regular refuse collection day for the
cart. There shall be a limit of 10 extra bags on any given collection
day. Approved trash bag stickers shall also be made available for
resale to the public at retail and commercial establishments as determined
by the Director of Public Works, provided that no retail or commercial
establishment shall charge more than $2 for each sticker.
[Amended 9-11-2017]
All animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper booklet, or any other printed or otherwise
reproduced original or copies of any matter of literature.
All waste of a pathological, explosive, radioactive or toxic
nature.
Consists of the solid waste materials from factories, processing
plants and other manufacturing enterprises.
"Garbage," "refuse" and "rubbish" as defined in this chapter
and all other waste material which, if thrown or deposited as prohibited
in this chapter, tends to create a danger to public health, safety,
welfare, or appearance.
A litter storage and collection receptacle as required and
authorized by regulations and ordinance of the Waste Disposal Division
of the Department of Public Works.
That waste which generates from the wholesale and retail
markets as a result of handling, storage, and selling of poultry,
fish, meat, vegetables, and fruit. Included are large quantities of
putrescible garbage along with some rubbish such as wooden crates
and cardboard boxes.
Any newspaper of general circulation as defined by general
law; any newspaper duly entered with the Postal Service Department
of the United States, in accordance with federal statute or regulation;
any newspaper filed and recorded with any recording officer as provided
by general law; and, in addition thereto, means and includes any periodical
or current magazine regularly published with not fewer than four issues
per year, and sold to the public.
Any grass, grass clippings, weeds, pruning, leaves, tree
branches, general yard or garden waste in excess of six inches high
located on any parcel of land whether occupied or vacant, including
a vacant lot.
All combustible material, excluding newsprint but including
books, magazines, wrapping paper, cardboard boxes, cartons, rags and
cast-off clothing.
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 or his servant, agent, employee or representative,
as well as a 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 continually uninhabited or vacant,
and includes 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 public
ways and any and all grounds and buildings.
The total solid waste of the community.
All waste consisting of a variety of both combustible and
noncombustible solid waste materials of households, stores and institutions.
Combustible rubbish consists of miscellaneous burnable materials;
and, in general, it is the organic component of rubbish such as paper,
rags, cartons, boxes, wood, excelsior, bedding, rubber, leather, grass,
leaves and other yard trimmings, as well as combustible inorganic
materials such as plastics. Noncombustible rubbish, for the most part,
consists of the organic components of rubbish such as tin cans, metals,
dirt, ceramics, glass and similar or like substances.
A system that takes the multiple recycling "streams" collected through the Springfield curbside program, mixed paper and commingled containers, and allows residents to put them together in one container. The sorting of the recyclables will be done by machines at a processing facility. Residents shall use a single-stream recycling cart provided by DPW and collected in accordance with the provisions of this chapter (see § 327-17, recycling definitions) and DPW procedures.
Standard legal containers acceptable for use in the City
shall substantially adhere to the following specifications:
A rubbish container issued by DPW as a cart in accordance with
this chapter.
A paper refuse sack (also known as a "leaf bag" or "yard waste
bag"), which shall be a sanitary paper sack or equal of thirty-gallon
capacity, two-ply fifty-pound wet strength with reinforced self-supporting
square bottom closure.
A plastic trash bag, which shall be a sanitary polyethylene
(plastic) bag having a dart impact strength at folds and seals of
not less than 60 grams, and a film thickness strength of two mils,
a maximum capacity of 30 gallons and capable of supporting material
having a total weight of 30 pounds with a density of 15 pounds per
cubic foot and having openings closed by means of wire ties, string
or rope.
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.
Consists of general yard and garden waste, prunings, grass
clippings, weeds, leaves, twigs, brush and tree branches up to three
feet in length and 1/2 inch in diameter.
[Amended 9-11-2017]
B.
This section and the various parts, sentences, and clauses thereof
are hereby declared to be severable. If any part, sentence, or clause
is adjudicated as invalid, it is hereby provided that the remainder
of this section shall not be affected thereby.
C.
Any violation of this section or any part thereof shall be punishable
by a fine not to exceed $50.
[Amended 5-20-2011]
No rubbish shall be collected by the Waste Disposal Division
of the Department of Public Works, or its authorized agent, unless
the rubbish is drained of all water and liquids and placed in one
or more carts in accordance with the provisions of this chapter placed
at the curb on the tree belt (not in the road), to better facilitate
both street sweeping and snow plowing operations.
[1]
Editor's Note: Original § 7.16.030, Placement of
underground containers, was repealed 5-20-2011.
[Added 10-3-1988; amended 5-20-2011]
A.
There is hereby established a program for the mandatory separation
of certain compostable leaf and yard waste material from garbage or
rubbish by the residents of the City of Springfield and the collection
of these compostable leaf and yard waste materials at the residents'
curbside. The collection of separated compostable leaf and yard waste
material shall be made periodically under the supervision of the Director
of Public Works.
B.
LEAF AND YARD WASTE COLLECTION SEASON
LEAVES
PAPER LEAF BAG
YARD WASTE
For the purposes of this section, the following definitions apply:
The leaf season beginning the first full week in April through
the first full week of December.
Deciduous and coniferous seasonal deposition.
A sanitary paper sack or equal of thirty-gallon capacity,
two-ply, fifty-pound wet strength with decomposing glue and reinforced
self-supporting square bottom closure. Bags shall not weigh more than
40 pounds when full.
[Amended 9-11-2017]
Grass clippings, weeds, hedge clippings, and garden waste,
as well as twigs, brush and branches. Twigs and brush should not be
longer than two feet in length and 1/2 inch in diameter. Branches
can be no wider than three inches in diameter and no longer than four
feet and must be tied for pickup in manageable sized bundles.
[Amended 9-11-2017]
C.
Separation of compostable leaf and yard waste material and placement for removal. During the leaf and yard waste collection season, residents shall place their leaf and yard waste material into paper leaf bags as defined in Subsection B or DPW-issued carts. These paper bags or DPW-issued carts shall be placed on the curbside or tree belt in accordance with § 327-7 on the special leaf and yard waste collection days specified by the Department of Public Works and advertised in the Springfield daily newspapers. No material other than that specified in Subsection B shall be placed in these paper bags or barrels.
D.
Compostable leaf and yard waste material shall not be placed in plastic
trash bags at any time. Leaves and yard waste shall not be placed
in the same refuse container as or otherwise mixed with other forms
of solid waste for collection, removal, or disposal at any time. Any
violation of this section or any part thereof shall be punishable
by a fine not to exceed $50. When the owner has failed to comply with
the requirements of this section, the Director of the Department of
Public Works, in his discretion, may refuse to collect the leaf and
yard waste material and all rubbish, recycling and yard waste of the
owner until the next regular pick-up, and the owner shall remove from
the curb such rubbish, recycling, leaf and yard waste material.
E.
Ownership of compostable leaf and yard waste materials. Upon placement of compostable leaf and yard waste material for collection by the City at the curbside or tree belt in accordance with the special collection day, pursuant to this section, such materials shall become the property of the City. It shall be a violation of this section for any person, other than authorized agents of the City acting in the course of their employment, to collect or pick up or cause to be collected or picked up any compostable leaf and yard waste material so placed. Each and every collection or pick-up in violation hereof from one or more locations shall constitute a separate and distinct offense. The compostable leaf and yard waste material collected by the City shall be transported to and composted at a designated leaf and yard composting site. Any violation of this Subsection E or any part thereof shall be punishable by a fine not to exceed $100.
F.
All ordinances, resolutions, regulations or other documents inconsistent
with the provisions of this section are hereby repealed to the extent
of the inconsistency.
G.
This section shall take effect for the leaf and yard waste collection
season commencing July 1, 2011.
[Added 1-18-1999; amended 5-20-2011; 8-3-2012; 9-11-2017]
A.
Purpose. The purpose of this section is to establish minimum standards
for the storage, collection, transportation and disposal of refuse
by automated collection and thus promote the health, safety and welfare
of the City and improve the City's environment.
B.
The Director of the Department of Public Works (hereinafter the "Director")
shall have the direct responsibility for the administration of this
section, subject to the direction and control of the Mayor.
C.
AUTOMATED COLLECTION
AUTOMATED CONTAINER
CITY
CURBLINE
CUSTOMER
DESIGNATED COLLECTION POINT
DIRECTOR
DWELLING UNIT
EXTRA REFUSE
INFECTIOUS WASTE
NONRESIDENTIAL UNIT
OVERLOADED
RECYCLABLES
RESIDENTIAL UNIT
RUBBISH
YARD WASTE
For the purpose of this section the following definitions shall apply:
The method of collecting rubbish through the use of mechanical
collection equipment and special containers to accommodate the collection.
A specially designed container distributed by the Director
to accommodate the automated collection operation to be used for the
deposit of acceptable rubbish. The automated container is equipped
with wheels for mobility.
The City of Springfield, Massachusetts.
The area directly behind the curb. In the absence of a curb,
the area directly behind the edge of pavement or curb.
Any person or entity receiving service from the City.
The place where the Director has determined an automated
container will be placed for service.
The Director of the Department of Public Works or his/her
duly authorized representative.
Any building or portion thereof that contains living facilities
(which provide for sleeping, eating, cooking and sanitation) for not
more than one household.
Any rubbish placed on, around or in a five-foot radius of
the automated collection container in excess capacity of the automated
container. The rubbish must be within acceptable weight limits and
reasonably handled by one person.
Waste from medical dental and intermediate care facilities,
research centers, veterinary clinics and other similar facilities
that has the potential to cause an infectious disease via exposure
to a pathogenic organism of sufficient virulence and dosage through
a portal of entry in a susceptible host.
Any establishment except those defined under "residential
unit."
The automated container is so full of rubbish that its lid
is not completely closed, thereby exceeding the automated container's
rated capacity.
Material as defined in § 327-17 of the City Ordinances.
A single- or multiple-family dwelling unit up to and including
apartment complexes of three units or less.
All waste consisting of a variety of both combustible and
noncombustible solid waste materials of households, stores and institutions.
Rubbish does not include recyclables or yard waste.
Material as defined in § 327-4B of the City Ordinances.
D.
General requirements.
(1)
It shall be the customer's responsibility to assure that automated
containers are placed in the appropriate location designated by the
City prior to the arrival of the collection vehicle.
(2)
The City shall not be responsible for rubbish collection if there
is a violation of any part of this section or circumstances are beyond
the control of the City. Circumstances or violations include but are
not limited to automated container overload, improperly loaded automated
containers, blocked access, automated container inaccessibility, or
dangerous situations.
(3)
Automated containers shall be placed at the City-designated collection
point on the scheduled collection day by 6:30 a.m. Such location shall
be easily accessible to the container, with the lids completely closed
and unobstructed to the collection vehicle. It shall be the duty of
each customer to remove the automated container from the curbline
on the same day as collection. It is prohibited to overload automated
containers in a manner which is likely to cause carnage to the collection
vehicle or automated container, create a litter condition, or impede
collection.
(4)
The City may collect extra rubbish on or around automated containers
in accordance with the provisions of this section, provided that the
material is contained in a standard trash bag, up to 32 gallons in
size, with an extra bag sticker attached and the parcel has existing
active trash service. The City will allow one automated container
per household, up to three households per parcel. A request for automated
containers will be disallowed if the parcel already has the maximum
allowable automated containers. Any request for a container(s) will
not be supplied until payment has been received by the City for all
past-due and current fiscal year payments directly related to the
parcel for which the container is requested under this section.
(5)
Automated collection within the City is mandatory in those areas
designated by the Director.
(6)
All rubbish shall be drained of any free liquids prior to placement
in any automated container.
(7)
It shall be a violation hereof to place or deposit any refuse whatsoever
in or around an automated container owned or provided for the use
of another customer without that customer's approval.
(8)
The City reserves the right to inspect any or all refuse prior to
and/or during disposal for compliance with local, state, or federal
laws or regulations.
E.
Containers.
(1)
The automated containers are provided exclusively by the City. No
other type of automated container is allowed. The City shall initially
provide one automated container to each occupied residential unit
currently serviced by the City in accordance with the payment of an
annual trash fee as authorized by this section. All automated containers
will be assigned to a street address and have an imprinted serial
number for identification purposes. The automated container shall
remain at the assigned address regardless of whether the resident
sells or moves.
(2)
The automated container provided by the City shall not be filled
to exceed 100 pounds total weight, and all rubbish must fit inside
the automated container. The cover of any automated container must
be kept closed at all times except when the automated container is
being filled, emptied, or cleaned.
(3)
Residential and multifamily units are limited to a maximum of one
automated container per dwelling unit.
(4)
In order to maintain an orderly and aesthetic appearance within the
City and to prevent unauthorized encroachment on any street, public
property or private property, the Director shall have the authority
to sanction the storage location of automated containers for residential
customers. Automated containers shall be stored on private property
except on collection days. Failure by the customer to comply with
City notification citing improper storage for automated containers
shall be a violation of this section.
(5)
Automated containers after collection shall be returned to a secure
location. With the exception of automated containers being stored
in a garage or shed, the automated container shall not be stored anywhere
closer to the street than the extension of any existing building line
that faces any street unless the automated container is screened from
public view by shrubbery, foliage, a fence, or a wall. Automated containers
are not to be left curbside, streetside, or roadside overnight after
the day of collection.
(6)
The City's trash service will not be available to boundary properties
where at least 50% of the owner-occupied dwelling unit is not within
the City's administrative boundaries unless grandfathered in.
F.
Rubbish collection service.
(1)
If a customer does not pay his/her trash fee in its entirety after
30 days, then a demand letter will be issued by the Treasurer/Collector
and a fine consistent with the tax demand fee plus interest will be
assessed. If the customer fails to pay his/her trash fee after the
issuance of the demand letter, the Director will continue to provide
trash collection if requested by the customer, and the Treasurer/Collector
will attach a lien to the customer's property as soon as state law
allows. Requests to opt-in to trash services will be declined if there
are any outstanding City-related balances associated to the parcel
for which the request is made.
(2)
Standard collection service shall include once-a-week collection
of acceptable rubbish in properly placed automated containers in accordance
with the provisions of this section.
G.
Rubbish collection service.
(1)
If a customer does not pay his/her trash fee in its entirety after
30 days, then a demand letter will be issued by the Treasurer/Collector
and a fine consistent with the tax demand fee plus interest will be
assessed. If the customer fails to pay his/her trash fee after the
issuance of the demand letter, the Director will continue to provide
trash collection if requested by the customer, and the Treasurer/Collector
will attach a lien to the customer's property as soon as state law
allows. Requests to opt-in to trash services will be declined if there
are any outstanding City-related balances associated to the parcel
for which the request is made.
(2)
Standard collection service shall include once-a-week collection
of acceptable rubbish in properly placed automated containers in accordance
with the provisions of this section.
H.
Points of collection. Automated containers shall be placed:
(1)
Within two feet of the curbline or where directed by the City.
(2)
At least three feet away from all objects such as fences, mailboxes,
utility poles, overhanging vegetation, etc.
(3)
So that the automated container handle is facing the dwelling unit.
(4)
At least three feet from recycling and yard waste containers.
(5)
At least three feet away from parked vehicles.
I.
Prohibited material. Prohibited material shall include all materials
prohibited under existing ordinances, and:
(1)
No toxic/hazardous or liquid waste as defined now or hereafter shall
be deposited in any automated container intended for disposal.
(2)
Small-quantity generator wastes shall not be deposited in any automated
container intended for disposal.
(3)
No infectious waste shall be placed in any automated container.
(4)
No rocks, concrete, asphalt, dirt, construction or demolition debris
are to be placed in automated containers.
(5)
Yard waste and recyclables shall be separated from rubbish and placed
in separate City-issued or -approved containers for separate collection.
(6)
No hot ashes and/or material capable of causing ignition or spontaneous
combustion shall be placed in any automated container.
(7)
No motor oil or other automotive fluids shall be deposited in any
automated container.
(8)
The City reserves the right to prohibit or to place disposal restrictions
upon any waste that may adversely affect the resource recovery facility
or any disposal site or transfer station. This shall also extend to
any item that may pose a risk to the health or safety of City employees.
Disposal restrictions that may be implemented shall include but are
not limited to item size restrictions, quantity restrictions, recycling
regulations, special preparation requirements, and rubbish source
documentation requirements.
(9)
The City may inspect residential multifamily units for the purpose
of evaluating waste generated and disposal practices for the purpose
of determining compliance with this section. These inspections will
be during normal working hours and will be carried out in such a manner
as to minimize disruption. Failure to comply with a request will be
deemed a violation and may, at the discretion of the Director, result
in revocation of collection services.
J.
Enforcement. This section shall be enforced by the Director of Public
Works, the Police Department, the Commissioner of Health and Human
Services and the Commissioner of Housing or their duly authorized
agents.
K.
Violation. Stricken by City Council on July 3, 2012.
L.
Fees.
(1)
Findings.
(a)
Solid waste collection and disposal services are in accordance
with the government's police power to protect the public health, the
State Sanitary Code 105 CMR 410, 410.601, 410.602 and 410.603, and
City ordinances that require proper disposal of solid waste; and
(b)
The City of Springfield provides services which include the
curbside collection and disposal of non-bulk-item solid waste recyclables
and yard waste (City Services); and
(c)
MGL c. 44, § 28C, authorizes the City to charge a
fee to cover the costs of said City services; and
(d)
The costs of providing the City services in Fiscal Year 2017
are estimated to exceed $8.2 million, and the costs in Fiscal Year
2018 are expected to increase; and
(e)
The City has determined that it should charge a fee to property
owners who voluntarily elect to use the City services to defray in
part the costs of providing the City services; and
(f)
The City has determined that as of July 1, 2012, and continuing
thereafter until amended, the amount of the fee for services shall
be $90 per each fiscal year per automated container.
(g)
The potential annual revenue from said trash fee based on expected
usage has been estimated at approximately $4.3 million annually for
fiscal year 2017; and
(h)
On November 27, 2006, the Finance Control Board approved the
creation of a Solid Waste Enterprise Fund pursuant to MGL c. 44, § 53F
1/2.
(2)
Pursuant to the authority granted under MGL c. 44, § 28C,
and in order to defray a portion of the costs of providing solid waste
collection and disposal services in the City of Springfield effective
July 1, 2012, the City establishes a solid waste collection and disposal
fee (trash fee) of $90, payable for each fiscal year, to be charged
to the owner of each dwelling unit who voluntarily elects to receive
such City services from the City of Springfield (hereinafter referred
to as the "customer").
(3)
The Mayor is authorized to adopt rules and regulations for the implementation
and administration of the fee.
(4)
The fee will be subject to the following terms and conditions:
(a)
The trash fee shall be charged to customers of DPW solid waste
collection and disposal services who own property that is particularized
as a recipient or user of the City services, and will not be charged
to property owners who do not elect to use the City services for their
properties.
(b)
The City will issue bills to all individuals or entities that
own property and currently receive the City services. Such owners
may choose to use the City's services by paying the trash fee, or
may choose not to use the services by opting out.
(c)
Individuals or entities who do not use the City's services may
utilize any other method of disposal which does not endanger any person
and complies with the State Sanitary Code and City ordinances.
(d)
Owners who opt out of the City trash service must coordinate
with 311 to request the DPW to pick up the container.
(e)
Trash fees collected pursuant to this section shall be deposited
in the Solid Waste Enterprise Fund, to be used to defray a portion
of the City's costs of providing the services.
(f)
Effective July 1, 2012, and in each fiscal year thereafter,
the trash fee shall be charged for each conforming container used
by a customer.
(g)
The trash fee will be payable to the City in one installment,
due and payable 30 days from the billing date.
(h)
The City shall grant an annual forty-dollar trash fee discount
for the household of the owner of a single-family home or owner-occupied
multifamily home who is: a) a veteran with a war-service-connected
disability; b) a legally blind person; c) an indigent individual;
or d) an individual over 65 years of age, as of July 1 of each year.
Such discount will only apply to the owner-occupied primary residence,
and will not apply to other trash services, such as bulk item stickers
or extra trash stickers. Decisions on applications for discounts will
be made by 311.
(i)
Property units owned by any government agency shall be exempt
from the trash fee.
(j)
The City will not provide refuse collection services to any
commercial unit, government property, condominium unit or multifamily
buildings with more than three dwelling units.
(k)
Property owners aggrieved by the denial of a discount or any
other decision concerning the trash fee may appeal such determination
to 311.
[Amended 5-20-2011]
A.
A parcel must be actively opted in to trash services in order to
take advantage of bulk pickup services. Yard rubbish and bulk items
(which is not yard waste) and all odd pieces of lumber, completely
free of nails, shall be securely tied in bundles, the greatest dimension
of which shall not exceed three feet in length and the weight shall
not exceed 50 pounds. The bundle shall be stacked near the rubbish
container on the regular collection day.
[Amended 9-11-2017]
B.
The gross weight of a piece or bundle of bulky rubbish shall not
exceed 100 pounds.
C.
The collection of bulk wastes from residences which purchase a bulk waste sticker in accordance with the provisions of this article (see § 327-1) may be arranged by calling the City's 311 Services Center for an appointment. No bulk items are to be placed on the tree belt unless a previous appointment has been made with the Department. This service shall apply to resident-owned items only.
[Amended 9-11-2017]
D.
Animal wastes created in large quantities shall not be collected
by the Department, but the City may accept them at the disposal facility
if, in the opinion of the DPW Director, or his agent or employee,
such acceptance would not adversely affect the operation of the disposal
facilities.
[Amended 5-20-2011]
A.
Rubbish containers shall be placed on the tree belt, so as to be
readily accessible to collection crews, no later than 6:30 a.m. on
the day of collection, except that no such container shall be placed
upon said tree belt sooner than sunset on the day prior to collection
nor shall said containers be caused to remain on said tree belt later
than 12:00 midnight on the day of said collection. On streets and
ways not possessing an area readily determinable as a tree belt, the
containers shall be placed at or near the boundary of the traveled
portion of such streets or ways, in such a manner so as not to interfere
with the full use for travel of such streets or ways. No such containers,
when presented for collection, shall be filled beyond their water
level capacity, nor placed in such a manner as to interfere with the
collection of mail from any mailbox located on the street and way.
B.
No person, except employees of the Department of Public Works or
its authorized agent, shall remove, handle or otherwise disturb the
container or containers or other material which have been placed on
the City tree belt for servicing by the refuse collectors; provided,
however, that this subsection shall not prohibit the owner, agent,
occupant, lessor or tenant of a residence or dwelling from removing
the contents of a container or other material placed on the tree belt
thereof for servicing by said refuse collectors.
[Amended 9-11-2017]
C.
Any violation of this section or any part thereof shall be punishable
by a fine not to exceed $50.
Unless sidewalks and passageways are kept free from obstructions
and kept clear of snow and ice for a reasonable width from the curbline
to the location of the standard garbage container, the Division of
Waste Disposal need not collect garbage.
[Amended 5-20-2011]
When the collection of rubbish, recycling and yard waste is
refused because of failure to comply with any of the provisions of
this article, the Division of Waste Disposal of the Department of
Public Works shall not furnish collection service again until the
next regular period and the owner shall remove from the curb such
rubbish, recycling and yard waste.
[Amended 5-20-2011]
When the collection of rubbish, recycling and yard waste is
refused because of failure to comply with any of the provisions of
this chapter, the Director of Public Works or the Deputy Superintendent
of Waste Disposal shall notify the Commissioner of Public Health,
the Housing Commissioner or the Chief of the Fire Department, if,
in the opinion of such Superintendent or Deputy Superintendent, a
health or fire nuisance may result from the failure of an owner, agent,
occupant, lessor or tenant of a premises to comply with such provisions.
[Amended 5-20-2011]
The service rendered by the Department of Public Works in collecting
rubbish, recycling and yard waste shall not extend to manufacturing
industrial plants or generators of hazardous waste nor shall it include
the removal of any material which has accumulated as a result of construction,
building or market operations.
Nothing in this article shall be construed as holding the City
liable in any manner for any loss or damage resulting from the entrance
of collection crews on private property in performance of their duties.
[Amended 6-14-1988; 12-11-1989; 8-18-1993; 12-21-1994; 7-20-2006; 5-23-2008; 9-24-2009]
A.
Litter in public places. No person shall throw or deposit litter
in or upon any street, sidewalk or other public place within the City
except in public receptacles for that purpose, authorized private
receptacles for collection, or in an official City disposal area.
B.
Placement of litter in receptacles so as to prevent scattering. Persons
placing litter in public receptacles shall do so in such a manner
as to prevent such litter from being carried or deposited by the elements
on any streets, sidewalks, or other public place or upon private property.
C.
Sweeping litter into gutters prohibited. No person shall sweep into
or deposit into 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, driveway or property. Persons owning or
occupying property shall keep the sidewalk and/or tree belt abutting
their premises free of litter.
D.
Merchants duty to keep sidewalks 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,
driveway or property. Persons owning or occupying a place of business
within the City shall keep the sidewalk and/or tree belt abutting
their business free of litter.
E.
Litter thrown by persons in vehicle. No person shall throw or deposit
litter upon any street or any other public place within the City or
upon private premises while a driver or passenger in a vehicle.
F.
Truck loads causing litter. No person shall drive or move any truck
or other vehicle within the City unless such vehicle is so constructed
or loaded so as to prevent any such load, contents or litter thereof
from being blown or deposited upon any street, alley or other public
place or upon any private premises; nor shall any person drive or
move any vehicle or truck within said City, the wheels or tires of
which carry onto or deposit in any street, alley, or other public
place any mud, dirt, sticky substances, litter or foreign matter of
any kind.
G.
Litter in parks and property under control of Parks Department or
Conservation Commission.
(1)
No person shall throw or deposit or cause to have thrown or deposited
litter of any kind within any park or on a terrace, triangle, traffic
island, circle or dingle under control of the Park Department of the
City except in public receptacles provided for the purpose therefor
and it shall be deposited in such manner that the litter will be prevented
from being carried and/or deposited by the elements upon any part
of said parks or the aforementioned public properties. (Fine: $300.)
(2)
No leaves, tree branches, grass or evergreen clippings, winter sand
and/or sand and salt mixture, rocks, litter, rubbish, garbage or any
other material shall be brought to and deposited in any manner on
any park property. (Fine: $300.)
(3)
No person, herein designated as a firm, individual, corporation,
organization, employee, agent or servant of any kind, shall deposit
or cause to have deposited on public property or in public receptacles
within the confines of any parks or public property by any such person
any litter, other than that obtained as a result of use in said park
or said public property. (Fine: $300.)
H.
Litter in lakes, rivers, streams and fountains. No person shall throw
or deposit, abandon or leave, or cause to have thrown or deposited,
abandoned or left, along the shoreline or abutting property of any
lake, river, stream or like body of water situated within or bounding
on the limits of the City, or in any fountain or like structure situated
within said City, any automobiles, or parts thereof, building materials,
litter, garbage, rubbish or material of any kind.
I.
Handbills, posters and political signs.
(1)
No
handbills, posters, political signs, or articles of any kind promoting
businesses or organizations shall be affixed to any building, tree,
fences, or any other structures in any park or property controlled
by the Park Department of the City or affixed to any trees, shrubs
or structures owned or maintained by the City on a public tree belt
or other public property within the confines of the City, nor shall
any such handbills, posters, political signs or other articles as
described in this chapter be erected or placed in or upon any public
property within the confines of said City.
(2)
Throwing or distributing handbills in public places. No person shall
throw, deposit, or discard any handbills in or upon any sidewalk,
street, alley or other place to which the public has a right of access
within the City or cause to have thrown, deposited or discarded any
handbill in or upon any sidewalk, street, alley or other place to
which the public has a right of access within the City. This subsection
shall not be construed to prohibit the right guaranteed by the First
Amendment of the Constitution of the United States.
(3)
Placing handbills on vehicles. No person shall throw or deposit any
handbill or cause to have thrown or deposited any handbill in or upon
any unoccupied vehicle in or upon any public property to which the
public has a right of access.
(4)
Prohibiting distribution of handbills where posted. No person shall
throw, deposit or distribute or cause to have thrown, deposited or
distributed any handbill upon any private premises if requested by
anyone thereon not to do so, or if there is a sign, placed in a conspicuous
position near the entrance of said private premises, bearing the words
"No Trespassing," "No Peddlers or Agents," "No Advertisement," or
any similar notice which indicates in any manner 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 said
premises.
(5)
Depositing handbills on uninhabited or vacant premises. No person
shall throw, deposit or dispose or cause to be thrown, deposited or
disposed any handbill in or upon any private premises which are temporarily
or continuously uninhabited or vacant; nor shall any person post or
cause to have posted any handbills except with the permission of the
owner on any such private premises.
(6)
Distributing handbills at inhabited private premises. No person shall throw, deposit or distribute or cause to have thrown, deposited or distributed any handbill in or upon private premises which are inhabited except by handling 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 the case of any prohibition as set forth in Subsection I(4) of this section, a person may place or deposit any such handbill in or upon such inhabited private premises, provided such handbill is placed or deposited so as to assure or prevent the handbill from causing littering of the premises or sidewalks, streets, alleys or other public places, except that mailboxes may not be so used when prohibited by federal postal laws or regulations.
(7)
Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail in the United States, nor to newspapers, as defined in § 327-1, 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 sidewalk, street, alley, or other public place or upon any private property.
J.
Dropping litter from aircraft. No person in any aircraft shall throw
out, drop or deposit or cause to have thrown out, dropped or deposited
within the City any litter, handbills or any other materials.
K.
Posting notices prohibited. No person shall post or affix any notices,
poster, handbill or other paper or device calculated to attract the
attention of the public to any traffic or lamppost, public utility
pole or public shade tree or upon any public structure or building
except as may be authorized or required by law.
L.
Litter and overgrowth.
(1)
Litter
and overgrowth on occupied private property.
(a)
No person shall throw or deposit or cause to have thrown or deposited
any 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, alley
or other public place, or upon any private property. The owner or
person in control of any private property shall at all times maintain
the premises free from litter and overgrowth.
(b)
Litter in common areas of multiple-dwelling-unit buildings.
No person shall throw or deposit or cause to have thrown or deposited
any litter in or on the common areas of any building which contains
two or more dwelling units, except that the owner or person responsible
for the building, or any tenant with the approval of the owner or
person responsible for the building, may maintain private receptacles
for collection in such common areas. The owner or person in control
of any building which contains two or more dwelling units shall at
all times maintain the common areas of that building free from litter.
Common areas shall include but not be limited to hallways, cellars,
garages, sheds, and porches.
(2)
Litter and overgrowth on vacant lots. No person shall throw or deposit
or cause to have thrown or deposited any litter on any open or vacant
property within the City, whether owned by such person or not. The
owner or person in control of any such vacant property shall at all
times maintain the premises free from litter and overgrowth.
(3)
Clearing of litter and overgrowth from private property by City.
(a)
Notice to remove. The City, through its Housing Department,
shall have, as provided by Chapter 139 and Chapter 111 of the Massachusetts
General Laws, the power to abate a nuisance or health hazard caused
by any such litter or overgrowth; and shall have the powers by virtue
of said General Laws and any ordinance relative thereto or in amendment
hereof as heretofore or hereinafter ordained. Further, nothing contained
in this section shall be construed to be in conflict with any provisions
of said laws or ordinances but shall be in addition to and in compliance
with the provisions therein set forth. The Commissioner of Housing
is authorized to notify the owner, his agent or any person in control
of said property within the City, vacant or otherwise, to remove and
dispose of litter or overgrowth located on the property. Such notice
shall be by registered or certified mail, return receipt requested,
addressed to the owner, agent, or person in control of the property
by any person authorized to serve civil process, or posted on said
property for a period of not less than seven days. Such notice shall
include a statement that upon the failure, neglect or refusal of any
owner, agent, or person in control of said property, so notified,
to dispose of litter or overgrowth, the City may request to enter
upon the property, with the voluntary consent of the owner, agent
or person in control of said property or by court order, to remove
and dispose of said litter and overgrowth.
(b)
Action upon noncompliance. Upon the failure, neglect or refusal
of any owner, agent, or person in control of said property, so notified,
to properly dispose of said litter or overgrowth within five days
after receipt of written notice as provided in this section, or within
seven days after the date of such notice in the event the same is
returned to the Post Office Department because of the inability to
make delivery thereof, provided the same was properly addressed to
the last known address of such owner, agent or person in control of
said property, or within seven days after the end of the period for
posting said property, the Commissioner of Housing is authorized and
empowered to make any necessary request or to initiate the necessary
court proceedings and pay any and all costs incidental to the removal
and disposition of the litter or overgrowth.
(c)
Charge for removal. When the City has effected by itself or
its duly authorized agent the removal of the litter or overgrowth
or has paid for the removal of the litter or overgrowth, a bill for
the actual cost thereof, if not paid by such owner prior thereto,
shall be forwarded to such owner by the City and such charge shall
be due and payable within 30 days.
(d)
Charge included in tax bill; recordation constitutes lien.
[1]
In the event that the full amount due the City is not paid by such owner within said 30 days from the date of billing, as provided in this section, the Commissioner of Housing shall cause to be recorded in the office of the City Clerk a sworn statement showing the cost and the expense incurred for the work, the date the work was done, and the date of the billing as provided in this chapter in Subsection L(3)(c). The City Clerk shall forthwith cause said statement to be recorded in the Hampden County Registry of Deeds in the manner required.
[2]
Upon such recordation of the statement by the City Clerk in
the Hampden County Registry of Deeds, the actual cost for the removal
of the litter or overgrowth shall be charged to the owner of such
property on the next regular tax bill forwarded to such owner by the
City, and the charge shall be due and payable by said owner at the
time of payment of such bill.
[3]
The recordation of said 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 the court,
if any, for collection, until final payment has been made. Said cost
and expense shall be collected in the manner fixed by law for the
collection of taxes and shall be subject to a delinquent penalty at
the same rate as that on unpaid tax bills in the event 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 as set forth in this section 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 sufficient
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.
M.
Violations and penalties. This section may be enforced through noncriminal disposition pursuant to MGL c. 40, § 21D, or through the criminal process. A person violating any provision of Subsections A through L of this section shall be fined $500. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under the provisions set forth in this chapter. In the event a motor vehicle is used in the violation of any of the provisions of this section, it shall, upon conviction, be reported by the court to the Registrar of Motor Vehicles and action requested on suspension of the license of the operator of such vehicle, and, if it appears from the records of the Registrar of Motor Vehicles that the person so convicted is the owner of the motor vehicle, a request to suspend for a period of time specified by the Registrar of Motor Vehicles the certificate of registration of said vehicle shall be made. The provisions of this section shall not be applicable to any dumping ground approved by the Director of Public Works.
[Amended 12-4-2023]
[Amended 9-15-1987]
A.
Whoever, being the owner, occupant, or in control of real estate,
permits, allows or suffers an unregistered motor vehicle or a substantial
part of such motor vehicle to remain on said premises for a period
in excess of 12 days shall be punished by a fine of not less than
$10 nor more than $50; and each day that such unregistered motor vehicle
or a substantial part thereof is permitted, allowed or suffered to
remain on said premises in excess of 12 days constitutes a separate
offense.
B.
This section shall not apply to an unregistered motor vehicle or
part thereof which is stored within a garage or other closed structure
nor shall it apply to an unregistered motor vehicle or part thereof
upon the premises of the following persons:
[Added 6-14-1988]
A.
All supermarkets, retail and discount stores, and any other businesses
which provide shopping carts for the use and convenience of their
customers shall comply with the following requirements in order to
prevent the disposal of the carts as waste or litter interfering with
the use of public and private property, including bodies of water:
(1)
Every shopping cart used on any premises must have permanently affixed
thereto the name, address and telephone number of the store or business
by which it is being utilized.
(2)
Shopping carts so identified may not be utilized off of the private
property belonging to the store identified thereon. Signs informing
the public of this requirement shall be prominently located at the
entrance to and exit from the store or business.
(3)
A store or business utilizing such carts shall be responsible for
taking proper action to ensure that carts are not removed from its
property in violation of this section.
B.
Any shopping cart that is found on any public property other than that of the business utilizing same shall be immediately removed from said property by said business upon notification. Any costs expended by any City department in the removal of said cart shall be paid by the business responsible for the cart. Additionally, for any cart found on public property a fine of $50 may be assessed against said business for its failure to comply with the requirement of Subsection A(3) of this section.
