[HISTORY: Adopted by the Mayor and Council of the City of
Hagerstown 4-22-2008 by Ord. No. O-08-12. Amendments noted where applicable.]
A.
It is the intent of the City to require all residents within the
incorporated areas of the City to have refuse collected and disposed
of in a proper, sanitary and efficient manner; to provide all residents
with a sanitary and efficient means of having their refuse collected
and disposed of; to provide means for all residents to recycle reusable
items; to eliminate illegal dumping; to provide effective and efficient
methods of collecting funds for the costs of the recycling and refuse
collection program; and to promote the health, safety and welfare
of the citizens of the City.
B.
It is hereby declared, found and determined by the City, that the
refuse collection, recycling and yard waste collection services provided
by the City pursuant to this chapter and corresponding collection
contracts including, but not limited to, the accomplishment of the
intents stated herein, shall and do constitute a special benefit to
residential properties within the City which is equal to, or in excess
of, the actual costs of providing such recycling and refuse collection
and disposal service and which such facilities and services specially
benefit residential properties.
C.
It is the intent of the City that the collection and hauling of recyclables
and refuse shall be conducted only by those businesses authorized
to do so by the City.
For the purposes of this chapter, the definitions contained
in this section shall apply unless otherwise specifically stated.
The words "shall" or "will" are mandatory and not discretionary. For
the purpose of these specifications, the following definitions shall
apply:
Is not collected as "residential refuse" and means any solid
waste that requires additional management due to bulk or weighs greater
than 50 pounds. Such waste shall be collected by a special program
administered by the Department of Public Works (DPW) and shall not
be collected under the City's Residential Refuse and Recycling Collection
Program.
Refers to the duly appointed City Engineer of the City of
Hagerstown, Maryland, or his authorized representative, acting within
the scope of the particular duties entrusted to them.
Refers to the mixing of materials designated for recycling.
The recyclable materials buyer shall sort the recyclables into homogenous
types of recyclable materials for reuse as new products.
Is not eligible for the City recycling and refuse collection
service and means property including, but not limited to, all hotels,
motels, commercial businesses (wholesale/retail), manufacturing, industrial
and institutional enterprises of all types. Commercial properties
shall be all properties other than those listed as residential in
this chapter and the policies of the City of Hagerstown. Commercial
property owners shall contract privately for solid waste collection
services.
Waste materials generally considered to be non-water soluble
and nonhazardous in nature, including but not limited to: steel, glass,
brick, concrete, asphalt materials, pipe, gypsum wallboard, and lumber,
resulting from the construction or demolition of a structure or from
the actual construction of a structure.
Those firms specially authorized by contract by the City
of Hagerstown to provide recycling and refuse collection services
within the City limits.
All natural or lawful persons, corporations, partnerships,
or any other legal entity owning residential property within the City,
and all other persons subscribing to residential recycling and refuse
program as provided by the contractor and the terms of this chapter.
The City of Hagerstown Department of Engineering and Code
Administration.
For the purposes of this chapter, those properties located
within Zone F of the City's Trash Collection Program.
[Added 3-22-2016 by Ord.
No. O-16-09]
A large waste receptacle designed to hold recyclables or
refuse and which is typically emptied by a front-loading garbage collection
truck. Sizes can vary from 1.5 cubic yards' capacity or more. "Dumpster"
shall also include any roll-off trash container or other large container
used for the temporary storage of rubbish, debris or garbage.
[Amended 6-18-2013 by Ord. No. O-13-11]
Any structure used to house refuse or recycling containers.
[Added 3-22-2016 by Ord.
No. O-16-09]
Wastes that are inherently dangerous to handle or dispose
and not accepted at landfills receiving City residential refuse. These
wastes include toxic chemicals, biohazards, corrosive materials, reactive
chemicals, flammable wastes, explosives, and certain items found in
the home including, but not be limited to: pool chlorine, paint thinner
and pesticides.
Refers to days when no recycling or refuse collection will
be performed including New Year's Day, Memorial Day, Fourth of July,
Labor Day, Thanksgiving Day and Christmas Day. In the event a holiday
coincides with a landfill Sunday closing, there will be a substitute
holiday unless otherwise directed by the City Engineer.
Any accumulation of refuse, trash, rubbish, garbage, abandoned
or lost property or hazardous materials placed not in compliance with
the regulations of this chapter.
As used herein includes any street, alley or right-of-way
dedicated to public use. The contractor will travel such public streets
or alleys to make collections at all dwelling units placing trash
and/or recyclables at the curbside for collection. This shall include
dead-end streets and alleys. The contractor is not expected to enter
any private streets, alleys, or other rights-of-way in carrying out
the responsibilities of the collection contract. Determination of
eligibility to receive municipal trash collection service for residents
who live on private streets or courts shall be in accordance with
City policy. The City has entered into agreements with certain developments
to collect on private streets or courts.
Any steel, plastic, aluminum, or galvanized receptacle or
bin manufactured for the purpose of storing residential recycling
or refuse that allows for easy lifting with two handles and capacity
of not more than 35 gallons or weighing more than 50 pounds when filled
with refuse or recycling. City-issued bins or totes shall be used
when applicable, and totes are exempt from the maximum capacity restriction
of 35 gallons. All receptacles or containers shall have lids that
tightly fit as designed by the manufacturer.
[Amended 3-22-2016 by Ord. No. O-16-09]
Any materials collected by the contractor for the purpose
of materials recycling and reuse. Recycling materials shall include,
but not be limited to: newspapers, clear, green and brown glass containers,
aluminum cans and foil, steel cans, No. 1 and No. 2 plastic bottles,
cardboard, magazines, phone books and yard waste (defined below).
Secured, leakproof plastic bags, manufactured for the purpose
of securing household refuse, of sufficient strength to hold its contents
without tearing or allowing the contents to spill, leak or otherwise
escape from the bag.
[Added 3-22-2016 by Ord.
No. O-16-09]
May be used interchangeably and refer to residential items
that cannot be recycled. This includes animal, fruit and vegetable
waste resulting from the handling, storage, preparation, cooking and
consumption of food; rags; cartons; rubber; leather; diapers; small
appliances (less than 50 pounds in weight); and waste generated from
normal residential household activities.
Service to residential dwelling units consistent with the
policies of the City of Hagerstown.
A single unit providing complete, independent living facilities
for one or more persons including permanent provision for living,
sleeping, eating, cooking or sanitation.
Refers to the separation of the recyclables into segregated
bins or storage areas, thus separating the recyclables into homogenous
types of recyclable materials.
A confined space or area reserved for storing refuse and/or
recycling receptacles or containers on a property.
[Added 3-22-2016 by Ord.
No. O-16-09]
Refers to thirty-five-, sixty-five- or ninety-five-gallon
plastic rollout carts specifically manufactured as a container for
recyclables or refuse. Totes include connected lid, wheels, and one-piece
handle.
Solid waste that is an accumulation of lawn grass, shrubbery
cuttings, clippings, leaf rakings, tree branches, bushes or shrubs,
green leaf cuttings, fruits or other vegetative matter generally created
as refuse in the care of lawns and yards that does not exceed three
feet in length and three inches in diameter and 50 pounds in weight.
Bundled limbs and tree trunks from tree trimmings not exceeding three
feet in length and three inches in diameter may be placed at the curbside
for residential pickup.
A.
The purpose of the Residential Recycling and Refuse Collection Program
is to promote the common interests of the citizens of the City and
to provide for the collection and disposal of recycling and refuse
through the levy of a recycling and refuse service fee as further
provided for herein, and to promote the health, safety and welfare
of the citizens and residents of the City.
B.
The Mayor and Council has the authority necessary to carry out the
purposes of this chapter. The City Council is authorized to the following:
(1)
Enter into contracts with any qualified person, firm, or corporation
for the furnishing recycling and refuse collection services within
the boundaries of the City.
(2)
Levy and collect, without referendum, recycling and refuse service
fee as required for the collection and disposal of recyclables and
refuse within the City.
(3)
Authorize the City Engineer to develop standards and procedures wherein
residential collection is administered, and to develop and administer
contracts with qualified collection contractors.
(4)
Establish a recycling and refuse service fee for the collection and
disposal of recyclables and refuse as defined in this chapter. The
recycling and refuse service fee shall cover the costs of refuse collection
and disposal, mixed paper and commingled plastic/aluminum/glass collection
and disposal, yard waste collection and disposal, dumpster programs,
and other related miscellaneous services and administrative costs.
The recycling and refuse service fee shall be amended by administrative
action through adoption of the annual City budget or by Mayor and
Council resolution.
(5)
The Mayor and Council shall enter into a contract with any contractor,
provided that such contractor is, in the judgment of the Mayor and
Council, reliable and sufficiently qualified to undertake and carry
out the terms of the contract and to collect, remove and dispose of
all accumulations of recyclables and refuse within the corporate limits
of the City. Such contract shall contain such terms and conditions
as will require the contractor to collect, remove and dispose of recyclables
and refuse at regular stated intervals and in such a manner as not
to create a public nuisance or interfere in any way with the rights
or privileges of any person.
A.
Residential property within the corporate limits of the City shall
be provided refuse collection services as provided for by this chapter,
and in accordance with the policies of the City. Participation in
the recycling program is voluntary. The City shall provide either
directly, or indirectly through agreements with contractors, the following
services:
B.
The City's residential recycling and refuse collection program will
not collect any items specifically restricted or prohibited by the
receiving landfill. Items not collected include, but are not limited
to the following:
(1)
Hazardous materials, biohazard materials, or items containing refrigerant.
(2)
Items collected under the bulk trash program including but not limited
to: appliances and furniture over 50 pounds, tires, computer equipment
and electronics, mattresses, building or demolition waste, etc.
(3)
Recycling or refuse from nonresidential or out-of-City property.
(4)
Containers or items weighing over 50 pounds.
(5)
Recycling or refuse from private streets or alleys unless expressly
agreed to by the City.
[Amended 5-26-2015 by Ord. No. O-15-09; 3-22-2016 by Ord. No. O-16-09]
A.
Recycling and refuse service fee. Consistent with City policy, all
property owners of improved residential property within the City shall
subscribe to recycling and refuse collection and disposal service
and shall be subject to the levy of a recycling and refuse service
fee as further set out pursuant to this chapter. It shall be the responsibility
of the property owner of a residential dwelling unit to pay or cause
to be paid to the City the recycling and refuse service fee incurred
by each separate residential unit(s) for the benefits offered or received
by such dwelling unit for refuse collection and recycling collection.
Failure to pay the recycling and refuse service fee shall be considered
a violation of this chapter and may be collected as provided for further
herein, or as otherwise provided for by the laws of the State of Maryland.
B.
Receptacles, containers, and bags.
(1)
The City of Hagerstown will provide residential properties throughout
the City with recycling containers.
(2)
It shall be the duty of the residential property owner(s) and tenant(s)
to provide approved receptacles or containers (as defined herein)
to contain all refuse generated from residences in accordance with
the provisions herein.
(3)
All refuse bags shall be stored indoors or in receptacles or containers.
C.
Refuse and recycling storage. It shall further be the duty of the
residential property owner(s) and their tenant(s) to ensure that receptacles
for recycling and refuse are stored in accordance with this chapter
(until the appropriate set out time for collection) and consistent
with the following conditions:
(1)
Refuse and recycling stored on the exterior of the property shall
be in an approved receptacle or container.
(2)
Owners or residents of properties located in the South Prospect Street
Historic District shall store containers out of public view or shielded
from public view of South Prospect Street, unless an exception is
approved per Mayor and City Council policy on special circumstances
for storage of refuse and recycling containers. When requested by
property owners and residents, the Mayor and City Council may approve
other neighborhoods for similar public view restrictions on storage
of containers and receptacles between collection dates.
(3)
Every occupant of a structure shall not store receptacles or containers on front yards as defined in Chapter 140, front porches, or public ways. Exceptions:
(4)
Properties with four or more residential units shall have one designated
storage area for refuse and recycling containers between collection
days in accordance with this chapter.
D.
Set-out time; placement of materials for collection; abatement fees.
(1)
Set-out time and placement of materials for collection.
(a)
No earlier than 4:00 p.m. on the eve of the day on which the
contractor shall collect recycling or refuse on their street in the
City, it shall be the duty of the residential property owners and
their tenants to place their recycling or refuse in the public way
in front of their premises as close as possible to the curb, or collection
point designated by the City Engineer, so as to be of easy access
to the contractor.
(b)
In the Downtown District, refuse and recycling must be set out
for collection in receptacles or containers. In all other areas, refuse
bags may be set out for collection consistent with the provisions
of this section.
(c)
Placement of these materials shall not block the free passage
(minimum width of 36 inches) of pedestrians on the public sidewalk.
(d)
All such receptacles or containers shall be removed as soon
as possible after the collection and, in no instance, shall they be
permitted to remain curbside after 7:00 p.m. on the day of collection.
(e)
Any persons placing garbage and/or household refuse containers
out for collection prior to 4:00 p.m. on the eve of the collection,
or at any time not consistent with the scheduled collection date,
or the owner of any property upon which such a violation exists shall
be guilty of a municipal infraction and subject to a fine of $200.
(2)
Abatement fee. In addition to the penalty hereinabove enumerated,
the City may abate a condition where garbage and/or household refuse
bags, containers, or receptacles have been placed out for collection
prior to 4:00 p.m. on the eve of, or at any time not consistent with
the scheduled collection date, and may charge a reasonable abatement
fee as from time to time established by the Council for the removal
and disposal thereof. Said abatement fee shall be billed to the property
owner as a separate and distinct charge from the service fee and,
if unpaid for 30 days, shall constitute a lien against the property.
A.
The recycling and refuse service fee shall be imposed against the
owners of all residential units receiving recycling and refuse collection
in the corporate limits of the City that have a certificate of occupancy
approval or an active public water service account established with
the City of Hagerstown unless specifically excluded by written City
policy.
B.
The City Treasurer shall administer the billing and collection of
the recycling and refuse service fee for residential units. All delinquent
bills are chargeable against the owners of the residential units and
shall constitute and are hereby imposed as liens against all such
residential properties.
C.
The property owner(s) of record where the solid waste and household
refuse is collected is/are responsible for the payment of said recycling
and refuse service fee. Unpaid recycling and refuse service fees shall
constitute a lien on the property and may be collected in the same
manner as municipal taxes.
It shall be unlawful for any person to throw, dump or deposit
any trash, junk or other refuse upon any public street, public right-of-way,
or public alley within the City or upon any land owned by the City.
The recycling and refuse collection program is available to
residential properties within the corporate limits of the City of
Hagerstown. It shall be unlawful for any person to transport refuse
or recycling from a residence or commercial establishment outside
the City into the City for collection by the City's residential recycling
and refuse collection program, bulk trash program, or dumpster program.
It shall be unlawful for any person to set out commercial refuse or
recycling (regardless of the location of origin) for collection by
the City's residential recycling and refuse collection program.
For all dumpsters in the C-3 Commercial Central Zoning District
of the downtown and all new dumpster or central trash dropoff areas
established in the City, an enclosure is required. The intent of the
enclosure is to block the dumpster from being visible from the public
right-of-way or street. Enclosure shall be installed per the standard
provided in the Department's Public Ways Construction Standards and
Engineering Guidelines Manual for all new installations. Enclosures
around existing dumpsters in the C-3 Commercial Central Zone may be
of modified design if the intent described above is met and is approved
by the City Engineer.
[Added 6-18-2013 by Ord. No. O-13-11]
Except as hereinafter provided, dumpsters are prohibited on
residential properties. This prohibition shall not apply to apartment
complexes with an approved site plan identifying a dumpster location.
The aforegoing notwithstanding, dumpsters shall be permitted on residential
properties on a limited, temporary basis not to exceed 14 days or
during any period of construction at the subject property for so long
as a valid construction permit is in effect. All temporary dumpsters
shall comply with the provisions of the City Fire Code as well as
all other applicable codes and regulations and shall not be maintained
in the public right-of-way absent approval of the City.
When properties are specifically exempted herein from the City's
Residential Recycling and Refuse Collection Program, the property
owners shall contract privately for solid waste collection services.
Those properties and the private hauler shall be registered with the
Department.
Any customer, or any tenant of a customer, who regularly violates the terms of this chapter, including but not limited to § 117-5B (set out time and free passage), § 117-5C (receptacles and storage not visible), and § 117-7 (depositing refuse on public ways), may be refused recycling and refuse service upon ninety-day advance notification by the City Engineer. The City Engineer may adopt policies to refuse or terminate service to any customer when the number of units at a particular location would place an undue burden on the Recycling and Refuse Collection Program.
[Added 6-18-2013 by Ord. No. O-13-11]
Unless specifically punishable as a misdemeanor, any violation of this chapter shall be considered a municipal infraction and subject to the regulations as set forth in Chapter 1, General Provisions, Article III, Municipal Infractions, of the Code of the City of Hagerstown, Maryland. The maximum fines in dollars imposed for the violation of the below-referenced Code sections shall be as follows:
|
Municipal Infraction Fines:
| ||
|---|---|---|
|
Code Section
|
Subject
|
Fines
|
|
§ 117-4B
|
Improper use of City service
|
$200
|
|
§ 117-5B
|
Set out time and placement for collection
|
$200
|
|
§ 117-5C
|
Receptacles for collection and refuse storage
|
$200
|
|
§ 117-7
|
Depositing refuse on public ways/land
|
$200
|
|
§ 117-8
|
Service to City residents only
|
$200
|
|
§ 117-9
|
Dumpster enclosures
|
$100
|
|
§ 117-9.1
|
Dumpsters prohibited
|
$500
|
|
§ 117-10
|
Registering haulers
|
$100
|
