[HISTORY: Adopted by the Mayor and Council of the Town of
Galena 12-3-1990 by Ord. No. 90-2 (Ch. VI, Art. 2, of the 1990 Code
of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All organic waste, consisting of the residue of animals,
fruit or vegetable matter, resulting from the preparation, cooking,
handling, or storage of food, exclusive of human or animal feces.
The Health Officer of Kent County, Maryland.
A vehicle that cannot be driven upon the public streets for
reasons, including but not limited to being unlicensed, wrecked, abandoned,
in a state of disrepair, or incapable of being moved under its own
power.
[Added 10-27-2003 by Ord. No. 03-03]
Any scrap copper, brass, rope, rags, batteries, paper, trash,
rubber, debris, waste, iron, steel, and any other scrap material.
[Amended 10-27-2003 by Ord. No. 03-03]
The existence of any of the prohibited conditions enumerated
in this chapter.
Any ashes, garbage, rubbish, junk, industrial waste, motor
drain oil, dead animals and all other solid waste materials, including
salvageable waste.
An area having an average of 40,000 square feet or less per
dwelling unit.
All refuse other than garbage, whether combustible or noncombustible,
and such forms shall include but are not limited to the following:
rubbish from building construction or reconstruction, dead trees,
uprooted trees, stumps, slash, rubble, street refuse, abandoned automobiles,
household appliances, machinery, bottles, cans, wastepaper, cardboard,
sawdust piles and slash remaining from abandoned sawmill operations
and all other waste materials and unsightly debris from any industry.
Any vacant dwelling, building or part thereof which constitutes
a hazard to the safety, health or welfare of the public because it
is in disrepair, unsanitary, vermin infested or rodent infested.
All grasses, annual plants and vegetation, other than trees
or shrubs; provided, however, this term shall not include cultivated
flowers and gardens.
[Amended 10-27-2003 by Ord. No. 03-03]
The owner, owners, or occupant of any premises within the Town
of Galena shall be responsible for the sanitary condition of the premises
occupied, and it shall be unlawful for any person to place, deposit,
or voluntarily allow to be placed or deposited on their premises any
matter which constitutes a nuisance under the terms of this chapter.
A.
It shall be unlawful to deposit any decaying or putrescent substance,
garbage, refuse, rubbish or any other decaying matter in or upon any
land, street, or highway in the Town; provided, however, it shall
be permissible to have a small compost pile for personal use only
as long as it is not offensive to an adjoining property owner and
is kept neat and policed at all times.
[Amended 12-5-1994 by Ord. No. 94-3]
B.
It shall be unlawful to discharge any sewage or similarly offensive
matter from any type mobile vehicle holding tank except into an approved
sewer treatment works, excepting normal agricultural practices.
C.
It shall be unlawful to dispose of human excreta, dead chickens,
hogs, horses, cows, sheep, dogs, or cats or any other fowl or animal
upon any land, street or highway or in or upon any public or private
place within the Town without it first being buried to a suitable
depth or otherwise disposed of in a manner approved by the Health
Officer of Kent County.
D.
It shall be unlawful to convey any garbage, swill, refuse, dead animals,
dead fowl, or other filthy matter through any street or highway, public
or private, in the Town of Galena in a manner not approved by the
Health Office of Kent County.
E.
It shall be unlawful to use garbage, offal or other decaying or putrescible
matter, either by itself or in connection with ashes or other harmless
matter, for the purpose of filling in any land or other space, exempting
licensed sanitary landfills.
It shall be unlawful to deposit upon any lands in the Town of
Galena any hazardous substances, as defined and identified in Environment
Article, Title 5, Subtitle 10, of the Annotated Code of Maryland,
except for material originating in or delivered from lands within
the territorial boundaries of Kent County.
A.
The Mayor and Council of Galena may take any action legally necessary, including making application to the appropriate court of competent jurisdiction for an injunction to abate such nuisances. The Mayor and Council may also recover the penalty as set forth in § 131-8 of this section by civil action in any court of competent jurisdiction.
B.
Pursuant to Chapter 116, Nuisances, § 116-4, of the Kent County Code, the Health Officer's designee, or other properly designated law enforcement agent of Kent County, shall be the enforcement officer for all provisions of this chapter with the exception of those enumerated in §§ 131-6 and 131-7 below.
[Amended 7-1-2013 by Ord.
No. 2013-02]
[Amended 10-27-2003 by Ord. No. 03-03]
A.
It shall be unlawful for the owner or owners of any property within
the corporate limits of the Town of Galena to allow the existence
of lawns with weeds or grass more than 10 inches in height upon such
property in any residential area within 200 feet of a habitable dwelling
in the Town except areas noted as official wetlands or isolated by
official wetlands, agricultural lands, and forests. All noxious weeds
shall be prohibited.
B.
The owner or owners of any property within the Town shall remove
all trash, waste material, garbage, offensive and dirty material,
and other junk as defined in this chapter, including weeds, briars,
and brush more than one foot tall, on any private property within
200 feet of any habitable dwelling or any public or private streets,
alleys, lanes, or any other public property in the Town.
C.
It shall be unlawful to allow the presence of garbage or junk, as
defined in this chapter, on any property in the Town in excess of
30 days.
D.
It shall be unlawful to store garbage, refuse, or junk, as defined
in this chapter, in any unsafe or unsanitary manner.
E.
It shall be unlawful for the owner or owners of any property within
the corporate limits of the Town of Galena to allow the presence of
garbage, refuse, junk, weeds, grass, or foliage of any kind in and
around any fire hydrant in such a manner that such presence conceals
or obstructs the view of the fire hydrant.
[Added 4-1-2019 by Ord.
No. 2019-02]
[Amended 10-27-2003 by Ord. No. 03-03]
A.
It shall be the duty of the Town Administrator or his designee to notify the owner or owners of any property where there exists such public nuisance or nuisances, as described in § 131-6 of this chapter, to remove such nuisance within 10 days, inclusive of Sundays and holidays, after the date of such notice. Such notice shall be given by placing the same in the United States mail, addressed to the last known address of such person or persons and with sufficient postage, prepaid, or by any other manner deemed equally suitable by the Town Administrator.
B.
Upon failure of said owner to remove said public nuisance within
the specified time, the nuisance shall be removed by the Town and
the cost thereof be charged to said owner unless cause to the contrary
be shown by filing objections, in writing, with the Town Administrator
on or before the expiration date of such notice.
C.
If such written objections are filed, it shall be the duty of said
owner to appear before the meeting of the Mayor and Council at its
next meeting, when a public hearing shall be accorded to said owner.
D.
If said public nuisance is not removed within the time specified
in such notice, and no written objections have been filed or overruled
by the Mayor and Council, the Town Administrator shall cause the public
nuisance to be removed, and he is authorized to incur the necessary
expense in so doing, and shall place a charge against the proper person
or persons for such cost and proceed to collect the same by entering
same on the tax records as a tax upon such real estate, or by a suit
in a court of competent jurisdiction if deemed necessary, or both.
E.
After the first notice is issued to a property owner, for any subsequent violation the property owner will receive an automatic municipal infraction and be fined, at the discretion of the Mayor and Council, as defined in § 131-8, Violations and penalties, of this chapter.
[Amended 10-4-2010 by Ord. No. 10-03]
[Amended 12-5-1994 by Ord. No. 94-3]
Any person, firm or corporation who fails to abate a nuisance,
as defined in this chapter, shall be guilty of a municipal infraction
and shall be fined not less than $25 nor more than $100. Each day
that a violation continues shall constitute a separate violation.
