City of Springfield, MA General Provisions

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.

ANIMAL WASTE

All wastes from stables, kennels, pet pens, chicken coops, veterinary establishments and the like.

BULK WASTE STICKER

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]

BULK WASTES

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]

CONSTRUCTION AND DEMOLITION WASTES

All wastes that are the result of construction, remodeling, repair and demolition operations on houses, commercial buildings, pavements and other structures.

CONTAINER

See "standard legal container" as defined in this section.

DEAD ANIMALS

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.

EXTRA BAG STICKER

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]

GARBAGE

All animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

HANDBILL

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.

HAZARDOUS WASTE

All waste of a pathological, explosive, radioactive or toxic nature.

INDUSTRIAL WASTE

Consists of the solid waste materials from factories, processing plants and other manufacturing enterprises.

LITTER

"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.

LITTER RECEPTACLE

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.

MARKET WASTE

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.

NEWSPAPER

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.

OVERGROWTH

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.

PAPER

All combustible material, excluding newsprint but including books, magazines, wrapping paper, cardboard boxes, cartons, rags and cast-off clothing.

PARK

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.

PERSON

Any person or his servant, agent, employee or representative, as well as a firm, partnership, association, corporation, company or organization of any kind.

PRIVATE PREMISES

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.

PUBLIC PLACE

Any and all streets, sidewalks, boulevards, alleys or public ways and any and all grounds and buildings.

REFUSE

The total solid waste of the community.

RUBBISH

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.

SINGLE-STREAM RECYCLING

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 CONTAINER

Standard legal containers acceptable for use in the City shall substantially adhere to the following specifications:

(1)

A rubbish container issued by DPW as a cart in accordance with this chapter.

(2)

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.

(3)

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.

VEHICLE

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.

YARD WASTE

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]

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.

Any violation of this section or any part thereof shall be punishable by a fine not to exceed $50.

§ 327-2 Rubbish to be drained of liquids and placed in containers.

[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.

§ 327-3 (Reserved) [1]

[1]

Editor's Note: Original § 7.16.030, Placement of underground containers, was repealed 5-20-2011.

§ 327-4 Mandatory yard and leaf waste composting.

[Added 10-3-1988; amended 5-20-2011]

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.

For the purposes of this section, the following definitions apply:

LEAF AND YARD WASTE COLLECTION SEASON

The leaf season beginning the first full week in April through the first full week of December.

LEAVES

Deciduous and coniferous seasonal deposition.

PAPER LEAF BAG

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]

YARD WASTE

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]

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.

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.

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.

All ordinances, resolutions, regulations or other documents inconsistent with the provisions of this section are hereby repealed to the extent of the inconsistency.

This section shall take effect for the leaf and yard waste collection season commencing July 1, 2011.

§ 327-5 Automated refuse collection.

[Added 1-18-1999; amended 5-20-2011; 8-3-2012; 9-11-2017]

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.

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.

For the purpose of this section the following definitions shall apply:

AUTOMATED COLLECTION

The method of collecting rubbish through the use of mechanical collection equipment and special containers to accommodate the collection.

AUTOMATED CONTAINER

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.

CITY

The City of Springfield, Massachusetts.

CURBLINE

The area directly behind the curb. In the absence of a curb, the area directly behind the edge of pavement or curb.

CUSTOMER

Any person or entity receiving service from the City.

DESIGNATED COLLECTION POINT

The place where the Director has determined an automated container will be placed for service.

DIRECTOR

The Director of the Department of Public Works or his/her duly authorized representative.

DWELLING UNIT

Any building or portion thereof that contains living facilities (which provide for sleeping, eating, cooking and sanitation) for not more than one household.

EXTRA REFUSE

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.

INFECTIOUS WASTE

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.

NONRESIDENTIAL UNIT

Any establishment except those defined under "residential unit."

OVERLOADED

The automated container is so full of rubbish that its lid is not completely closed, thereby exceeding the automated container's rated capacity.

RECYCLABLES

Material as defined in § 327-17 of the City Ordinances.

RESIDENTIAL UNIT

A single- or multiple-family dwelling unit up to and including apartment complexes of three units or less.

RUBBISH

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.

YARD WASTE

Material as defined in § 327-4B of the City Ordinances.

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.

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.

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.

Rubbish collection service.

(1)

(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.

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.

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.

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.

Violation. Stricken by City Council on July 3, 2012.

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.

§ 327-6 Collection of bulk waste.

[Amended 5-20-2011]

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]

The gross weight of a piece or bundle of bulky rubbish shall not exceed 100 pounds.

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]

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.

§ 327-7 Placement of containers for rubbish, recycling and yard waste.

[Amended 5-20-2011]

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.

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]

Any violation of this section or any part thereof shall be punishable by a fine not to exceed $50.

§ 327-8 Sidewalks and passageways to be kept free from obstructions, snow and ice.

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.

§ 327-9 No extra service when collection refused for noncompliance.

[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.

§ 327-10 Notification of possible fire or health hazards.

[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.

§ 327-11 Applicability to industrial plants.

[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.

§ 327-12 City not liable for damages.

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.

§ 327-13 Litter and overgrowth.

[Amended 6-14-1988; 12-11-1989; 8-18-1993; 12-21-1994; 7-20-2006; 5-23-2008; 9-24-2009]

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.

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.

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.

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.

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.

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.

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.)

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.

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.

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.

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.

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.

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]

§ 327-14 Unregistered motor vehicles.

[Amended 9-15-1987]

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.

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:

(1)

One who is duly licensed to deal in motor vehicles under MGL c. 140, § 58.

(2)

One whose principal business is the towing and storage of motor vehicles.

§ 327-15 Shopping carts.

[Added 6-14-1988]

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.

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.