The requirements of this article shall be in addition to and not in lieu of the requirements established under Chapter
28, Chapter
34, Chapter
46, Chapter
48 and Chapter
70 of the Town Code.
Any person who owns, controls or is in possession of a construction
site shall:
A. Provide adequate and suitable methods for the collection, storage,
handling and disposal of all litter and/or debris that may be generated
or found at the construction site. Such methods shall be implemented
and maintained throughout the course of construction to its completion
and shall include providing a receptacle, container or dumpster container
of sufficient size and dimensions to contain such litter and/or debris.
B. Ensure that all litter and/or debris located upon construction sites
is deposited into receptacles, containers, or dumpster containers
on a daily basis.
C. Place and maintain all construction materials within the confines
of the lot lines of the construction site.
D. Sweep all sidewalks, streets or rights-of-way adjacent to or abutting
the construction site at least once per week or more frequently should
any litter and/or debris be found dumped, deposited, placed or thrown
on said sidewalk, street or right-of-way.
No person who owns, controls or is in possession of a construction
site shall:
A. Dump, deposit, place, throw, leave, bury, maintain or cause or permit
the dumping, depositing, placing, throwing, leaving, burying or maintaining
of litter and/or debris at any construction site.
B. Transfer litter and/or debris from one construction site to another.
C. Dump, deposit, place, throw, leave, maintain or cause or permit the
dumping, depositing, placing, throwing, leaving or maintaining of
dust, sand, mud, dirt, litter and/or debris on any sidewalk, street
or right-of-way adjacent to or abutting any construction site.
D. Place on any sidewalk, street or right-of-way adjacent to or abutting
any construction site any form of construction materials.
All construction material and demolition material staging areas
for construction sites must be located on the construction site, and
no material staging area or a portion thereof shall be permitted upon
any sidewalk, street or right-of-way.
Construction trailers shall be located on the construction site
rather than on a sidewalk, street or right-of-way, shall not obstruct
egress from buildings or structures, and shall otherwise comply with
the provisions of the Town Code in all respects.
In the enforcement and prosecution of the provisions of §§ 28-45
and 28-46, proof that a building or demolition permit was issued to
a person for the subject construction site shall constitute a rebuttable
presumption that the permit holder owns or controls that construction
site. The failure of any person charged under said provisions to rebut
the presumption shall not mean that the trier of fact must find the
person guilty or that the burden of proof relative to the underlying
charge(s) has been shifted upon the accused.
Any person or persons, association, firm or corporation who
violates any provision of this article shall be guilty of a violation,
punishable as follows:
A. For conviction of a first offense, by a fine of not less than $500
and not more than $2,500 or by imprisonment not exceeding five days,
or by both.
B. For conviction of the second of two offenses, both of which were
committed within a period of five years, by a fine of not less than
$2,500 and not more than $5,000 or by imprisonment not exceeding 10
days, or by both.
C. For conviction of a third or subsequent offense of a series of offenses,
all of which were committed within a period of five years, by a fine
of not less than $5,000 and not more than $10,000 or by imprisonment
not exceeding 15 days, or by both.
D. Each week in which an offense against any provision of this article
is permitted to continue constitutes a separate and additional violation
and shall be punishable as such pursuant to this section.
E. The Town Attorney is authorized and directed to institute any and
all actions and proceedings necessary to enforce this article. The
Town Attorney is also authorized to seek damages and any civil penalties
in any civil action, and such penalties shall be in addition to and
not in lieu of any criminal prosecution and penalty.
If any clause, sentence, paragraph, section, word or part of
this article is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this article but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this article
directly involved in the controversy in which judgment is rendered.