[HISTORY: Adopted by the City Council of the City of Fall River as Ch. 62 of the 1999 Revised Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Buildings and building regulations — See Ch. 10.
Businesses — See Ch. 14.
Environment — See Ch. 26.
Fee Schedule — See Ch. A110.
[Amended 12-17-1999 by Ord. No. 1999-28; 7-15-2008 by Ord. No. 2008-40]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ASHES
The residue of the burning of wood, coal, coke or other combustible materials.
[1]
CART
The City-supplied wheeled trash receptor. Blue and pink carts are solely used for recycling and green carts for household trash.
[Added 10-30-2012 by Ord. No. 2012-38]
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, any dodger, circular, leaflet, pamphlet, paper or booklet, or any other printed or otherwise reproduced original or copies of any matter of literature which:
A. 
Advertises for sale any merchandise, product, commodity or thing;
B. 
Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
C. 
Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when such performance, exhibition or event is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license where such license is or may be required by any law of the commonwealth or under any ordinance of the City; or
D. 
While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
DIRECTOR
The Director of Community Maintenance of the City.
[Added 8-18-2015 by Ord. No. 2015-23]
GARBAGE AND SOLID WASTE
Decomposing animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish and all other waste material which, if thrown or deposited as prohibited in this Code, tends to create a danger to public health, safety and welfare.
NEWSPAPER
Any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and in addition thereto shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine or booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definition of a "commercial handbill" or "newspaper."[2]
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.
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 continuously uninhabited or vacant, and shall include 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 other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All decomposing and nondecomposing solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
RUBBISH
Items of no value; broken glass, dishes, food wrappings, contaminated cardboard, items not suitable/designed for recycling; and food waste. Excluded from the definition are small appliances, items which do not fit in the green trash carts, any electronic devices, yard waste, branches, and bulky plastics.
[Amended 10-30-2012 by Ord. No. 2012-38]
SOLID WASTE
Synonymous with the terms "garbage" and "refuse."
TRASH
Synonymous with the term "rubbish."
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.
[1]
Editor's Note: The definition of "authorized private receptacle," which immediately followed this definition, was repealed 8-18-2015 by Ord. No. 2015-23.
[2]
Editor's Note: The former definition of "official City bag," which immediately followed, was repealed 6-8-2021 by Ord. No. 2021-9.
[Amended 7-15-2008 by Ord. No. 2008-40]
A. 
Except as otherwise authorized in this chapter, all refuse accumulated in the City shall be collected, conveyed and disposed of by the City under the supervision of the Director of Community Maintenance.
B. 
This chapter shall not prohibit the actual producers of refuse, or the owners of property upon which the refuse has accumulated, from personally collecting, conveying and disposing of such refuse, provided such persons comply with all provisions of this chapter.
C. 
The City shall collect solid waste and recyclables from single-family dwellings and multiple-family residential buildings containing up to six dwelling units. Solid waste shall be collected only if placed in a bag and placed in a green cart. Recyclables shall not be placed in green carts, and solid waste shall not be placed in blue or pink carts.[1]
[Added 8-18-2015 by Ord. No. 2015-23; amended 6-8-2021 by Ord. No. 2021-9]
[1]
Editor's Note: Former Subsection (d), regarding collection/disposal fees and abatement, added 7-14-2015 by Ord. No. 2015-20 and amended 8-18-2015 by Ord. No. 2015-25, which immediately followed this subsection, was repealed 6-14-2016 by Ord. No. 2016-17.
[Amended 7-15-2008 by Ord. No. 2008-40]
The Director of Community Maintenance may license persons to collect and dispose of refuse under such terms and conditions as the Director of Community Maintenance may establish.
[Amended 7-15-2008 by Ord. No. 2008-40]
The Director of Community Maintenance shall have the authority to negotiate contracts for the use of the municipal incinerator by any person or political subdivision, or any other entity. All contracts shall be in writing and executed as required by law, this Code, and City ordinances.
[Amended 9-27-1994 by Ord. No. 1994-20; 7-15-2008 by Ord. No. 2008-40]
A. 
The fees charged for the use of the municipal incinerator in any contract for disposal of waste generated within the City negotiated by the Director of Community Maintenance shall be based on the fee schedule in Chapter A110, Fee Schedule, of the City Code. For each year, the rate set shall be no more than the figure set out in Chapter A110, Fee Schedule, of the City Code.
B. 
For all users who have not negotiated a contract according to § 62-5, the Director of Community Maintenance shall issue regulations establishing a schedule of charges.
C. 
The Director shall not charge any person who uses the municipal incinerator to dispose of residential or household waste generated in the City.
D. 
The Director's regulations shall set separate rates for the disposal of waste generated in the City and for that generated outside the City. The rate for waste generated in the City shall always be lower than the charge for waste generated outside the City.
E. 
If the Director of Community Maintenance determines that an emergency exists because of fire, need for demolition or other emergency conditions, he may waive any fees required by this section, provided he declares the emergency in writing.
[Amended 7-15-2008 by Ord. No. 2008-40[1]]
Any person who, without the approval of the Director of Community Maintenance, moves, disturbs or in any way interferes with the storage or placing for collection of garbage or refuse receptacles shall be guilty of a violation of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).
[Amended 3-12-1996 by Ord. No. 1996-7]
Any person who willfully and without right deposits solid waste in a commercial disposal container of another without the consent of the owner or other person who has legal custody, care or control of such container shall be punished by a fine of $100 for the first offense, $150 for the second offense and $300 for the third and subsequent offenses.
[Added 8-18-2015 by Ord. No. 2015-23]
The Director shall have the supervision and control of the collection of solid waste and recycling. The Director may promulgate procedures for the enforcement and administration of solid waste and recycling collection.
All receptacles containing ashes and house refuse for removal must be no larger or heavier than the ordinary refuse container, the size to be approximately 35 gallons' capacity.
[Amended 9-5-1995 by Ord. No. 1995-35; 5-13-1997 by Ord. No. 1997-10; 11-18-1997 by Ord. No. 1997-30; 7-15-2008 by Ord. No. 2008-40]
A. 
There is hereby established a program for the mandatory separation of certain compostable leaf and yard waste materials (leaves, grass and twigs) from any other recyclable materials by the residents of the City and the collection of these compostable leaf and yard waste materials at the resident's curbside. The collection of compostable leaf and yard waste materials shall be made on a scheduled basis under the supervision of the Department of Community Maintenance as authorized by the Director of Community Maintenance. The leaf and yard waste material collected by the City shall be transported to and disposed of at a designated material recovery facility.
B. 
For the collection of leaf and yard waste materials, residents shall place the materials into suitable cardboard boxes, biodegradable paper bags, or ordinary refuse barrels. Leaf and yard waste materials shall not be placed in plastic bags. These boxes, paper bags and barrels shall be placed on the curbside on those days of the week scheduled for leaf and yard waste pickup, during the leaf and yard waste collection season, as determined by the Public Works Administrator. Leaf and yard waste includes the following materials: grass and hedge clippings, weeds, garden waste, twigs and brush not longer than three feet in length and 2 1/2 inches in diameter, and leaves. From the time of the actual collection of any leaf and yard waste materials at the curbside, such materials shall become the property of the City.
C. 
No leaf or yard waste materials shall be placed in the green, blue or pink carts.
[Added 10-30-2012 by Ord. No. 2012-38]
[Added 5-25-2022 by Ord. No. 2022-12]
A. 
Findings and intent. The City Council, in consultation with the Board of Health, find that the excessive food and organic materials deposited into the solid waste stream and authorized receptacles in the City are harmful to the environment and are creating a potential health and safety hazard for residents, affect the general welfare of the public, increase the cost associated with solid waste disposal for the City, and may constitute a public nuisance. It further finds that composting is a powerful method to reduce household waste. According to the United States Environmental Protection Agency, food scraps accounted for 22% of the 34.6 million tons of municipal solid waste produced in 2018, and much of our municipal waste stream is compostable. As such, this article establishes the City's support for a residential compost program to help reduce the amount of compostable materials found within the City's solid waste stream. The program is also intended to educate and guide residents as to the importance of reducing waste through composting.
B. 
Definitions. Unless otherwise set out in this article, any term defined in 310 CMR 16.00 shall have the same meaning in this article, and shall be expressly incorporated herein, and, to the extent any regulation set forth herein or adopted hereunder is less strict than the state regulations, the state regulations shall govern.
C. 
Purchase of composting bins. After providing no less than seven days notice and an opportunity for public input, nothing herein shall prohibit residents from participating in a private compost recycling program so long as they comply with applicable standards, rules, and regulations for the placement and disposal of compost in the City.
D. 
Standards for placement of composting bins.
(1) 
Compost bins and containers purchased from the Department of Community Maintenance shall not be used as domestic trash containers and shall be placed at the location or residence from which the compostable materials are disposed. The compost bins and containers shall be placed at least one foot from all property lines and shall not be placed in the street or in any area which creates a safety or traffic hazard.
(2) 
No such composting bins or receptacles shall be placed or maintained in such a manner as to constitute a safety hazard to pedestrians, cyclists, or motor vehicles. The Traffic Commission may prescribe additional rules and regulations governing the placing and maintaining of any composting bins, which may be amended from time to time.
(3) 
Nothing herein shall be construed as replacing or supplanting the requirement that certain persons apply for permits and licenses with respect to nonexempt solid waste disposal. All persons shall comply with any other applicable federal, state, or local laws with respect to solid waste disposal.
E. 
Educational materials.
(1) 
The Department of Community Maintenance shall make available educational materials to all residents of the City, as well as information about how residents may participate in the Compost Recycling Program.
(2) 
Introductory materials about the benefits of composting and how to maintain a composting bin also may be found in the rules and regulations promulgated hereunder as well as at the Massachusetts Department of Environmental Protection.
F. 
Rules and regulations. Regulations adopted hereunder shall generally outline the process for providing and distributing any bins and educational materials, as well as the types of materials that may and may not be composted and separated from the City's solid waste stream. Prior to promulgating regulations concerning the types of materials that may be composted, the Director of Community Maintenance shall first consult with Director of Health and Human Services, and then with the Board of Health, which board shall approve, in open session, the proposed list of compostable and noncompostable items, and provide such other policy direction, consistent with its statutory authority, as it deems appropriate. The Director of Community Maintenance shall be authorized, following the provision of no less than seven days notice on the city website and an opportunity for public input, to promulgate appropriate regulations concerning that departments responsibilities for implementing this program.
G. 
Violations and penalties; disposition of fines. The provisions of this article shall be enforced by the Police Department, Board of Health, the Director of Health and Human Services, Department of Community Maintenance, or their agents or designees, in law or in equity. Each day that any composting bin or other receptacle is placed or maintained in violation of this section shall constitute a separate offense and shall be punishable as provided in § 2-1025 of the City Code.
[1]
Editor's Note: Original § 62-33, Ashes, was repealed 10-30-2012 by Ord. No. 2012-38.
For purposes of this chapter, "house refuse" shall be considered to mean all refuse incident to the ordinary conduct of the household, including discarded floral decorations, Christmas greens, and small branches of shrubs and vines tied in bundles not larger than four feet long, and which must be kept separate and apart from the noncombustible container and the combustible container. House refuse does not include garbage, ashes, paper, cartons, wallpaper, earth, gravel, brick, dead animals or vegetable matter.
[Amended 10-30-2012 by Ord. No. 2012-38]
A. 
All plastic bottles and containers labeled 1 through 7, clear, green and brown bottles and jars, tin, steel, aluminum cans (including both deposit and non-deposit beverage cans), newspapers with inserts, cereal boxes, waxy milk and orange juice cartons, cookie boxes, flat or corrugated cardboard, mail, magazines, and all office/home paper shall be placed in the blue or pink recycling carts.
B. 
Cans formerly containing hazardous materials, pizza boxes, plastic bags, Styrofoam, broken glass, hard-back books, scrap metal, plastic six-pack holders, needles or syringes, plastic microwave trays, mirrors, ceramics or Pyrex, light bulbs, plates or vases, drinking glasses, window glass, hazardous or biohazardous waste, tissues, paper towels, napkins, waxed paper, stickers or sheets of address labels, clothes hangers, pots and pans are not recyclable and shall be disposed of in the green cart.[1]
[1]
Editor's Note: Former Subsection C, regarding shredded paper, which immediately followed, was repealed 6-8-2021 by Ord. No. 2021-9.
[Amended 9-27-1994 by Ord. No. 1994-20]
Tires will not be picked up by municipal employees. All tires must be delivered to the municipal incinerator complex. The fee charged at the incinerator for acceptance of tires shall be as provided in the fee schedule in Chapter A110, Fee Schedule, of the City Code.
[Amended 9-27-1994 by Ord. No. 1994-20; 12-17-1999 by Ord. No. 1999-28; 6-20-2000 by Ord. No. 2000-12; 7-17-2003 by Ord. No. 2003-24]
Refrigerators and air conditioners can be picked up at curbside by the department by obtaining a scheduled pick up date by the department, or can be delivered to the municipal incinerator complex. The fee charged for pick up or acceptance shall be as provided in Chapter A110, Fee Schedule, of the City Code.
[Amended 7-15-2008 by Ord. No. 2008-40]
The removal of dirt and refuse caused by the construction and repair of buildings will not be undertaken by the Department of Community Maintenance.
[Amended 10-26-1993 by Ord. No. 1993-23; 9-14-2009 by Ord. No. 2009-24; 10-30-2012 by Ord. No. 2012-38]
Carts shall be placed on the outer edge of the sidewalk no earlier than 4:00 p.m. the evening before and by 7:00 a.m. on collection day. The carts must face the proper direction (lid opening to street side). Carts must be placed in front of the property to which they are assigned. Carts shall be placed approximately two feet apart. Empty carts must be removed from the sidewalk area, but no later than 5:00 p.m. on the day following the day of collection. When possible, carts should be left at the end of the driveway opening at the street for easy access. Cart areas shall be shoveled during snow events. All trash and recycling must be in the appropriate carts with lids closed. No trash shall be picked up which is outside the carts.
Business establishments, stores, restaurants and laundries will be permitted to place refuse and rubbish on the sidewalk on the day of collection, provided such refuse and rubbish shall be in proper containers and bundles and shall occupy a space not larger than 12 feet long, three feet wide and four feet high.
[Amended 7-15-2008 by Ord. No. 2008-40; 10-30-2012 by Ord. No. 2012-38]
Carts shall be of a type approved by the Director of Community Maintenance and shall be kept in a clean, neat and sanitary condition at all times.
A. 
Permit required. Except as otherwise authorized by this chapter, no person shall place or maintain or allow to be placed or maintained in or upon any public way any container or receptacle of a storage capacity of 100 pounds or more used or intended or designed to be used for the storage or collection of refuse or any other material without first obtaining a permit from the Traffic Commission. No permit shall be issued for the placing of any such container or receptacle on any sidewalk.
B. 
Fee; term; conditions. The fee for such permit shall be as provided in Chapter A110, Fee Schedule, of the City Code, and the permit shall be valid for a period of 30 days from its date of issue, at any one location, unless granted a continuance by the Traffic Commission. Containers must be placed at the location from which the refuse is coming, and they cannot be used as domestic trash containers.
C. 
Standards for containers. Each storage receptacle shall be marked on each end with eighteen-inch-wide reflective sheeting which has twelve-inch-wide diagonal orange and white stripes sloping downward at an angle of 45° in the direction traffic is to pass. The reflectorized sheeting shall conform with specification M9.30.2 of the Standard Specifications for Highways and Bridges. The owner shall have his name affixed to the dumpster. The Traffic Commission may prescribe additional rules and regulations governing the placing and maintaining of such receptacles.
D. 
Safety hazards prohibited. No such container or receptacle shall be placed or maintained in such a manner as to constitute a safety hazard to pedestrians or motor vehicles.
E. 
Revocation. The Traffic Commission may revoke any permit so issued at its discretion.
F. 
Violations. Each day that any container or receptacle is placed or maintained in violation of this section shall constitute a separate offense and shall be punishable as provided in § 1-15 of the City Code.
G. 
Additional permits; compliance with other laws. The permits required by this section shall be in addition to any other licenses or permits required by law or ordinance, and such permittees shall be subject to all other applicable laws, ordinances and rules.
[Amended 6-20-2000 by Ord. No. 2000-12]
Cathode ray tubes, which include televisions and computer monitors, can be picked up at curbside by the department by obtaining a scheduled pick up date from the department, or can be delivered to the municipal incinerator complex. The fee charged for pick up or acceptance shall be as provided in Chapter A110, Fee Schedule, of the City Code.
[Amended 6-20-2000 by Ord. No. 2000-12; 4-1-2003 by Ord. No. 2003-9]
A. 
Bulky items, which should include white goods and metals (washers, dryers, cooking stoves, hot water heaters, metal tubs and sinks, lawn mowers absent fuel and oil, other large metal lawn care tools, metal cabinets, tire rims, swing sets, etc.), porcelain plumbing fixtures (toilets, sinks and tubs), furniture (sofas, loveseats, sofa/sleepers, chairs/recliners, desks, bedding, dressers/bureaus, rugs (nine feet by 12 feet and larger), other items on a case-by-case basis dependent on size and composition. (Note: Generally, items that are reduced to fit in a barrel and are legal to dispose of in the landfill are picked up with the normal trash.) If an item is not in a barrel (thirty-two-gallon barrel or less) it shall be considered a bulky item.
B. 
If a resident has one, two or three items to be picked up, the resident must pay the fee at either the government center or the DPW complex and the pick up shall be scheduled. If a resident has more than three items, the resident can purchase additional pick ups for the same day, but must pay for each additional set of one through three items. The fee charged for pick up shall be as provided in the fee schedule in Chapter A110, Fee Schedule, of the City Code.
[Amended 9-12-2000 by Ord. No. 2000-25; 7-15-2008 by Ord. No. 2008-40; 8-18-2015 by Ord. No. 2015-23]
A. 
The Director and his authorized agents, including, but not limited to, litter enforcement officers, shall have the authority to enforce the provisions of ordinances as detailed in Chapter 26, Environment, Chapter 62, Solid Waste, and §§ 2-1021 through 2-1025 of Chapter 2, Administration, as said sections relate to Chapters 26 and 62. Enforcement shall only be against the property owner.
[Amended 6-8-2021 by Ord. No. 2021-9]
B. 
Any fines collected for noncompliance with Chapter 62 shall be credited to the Sanitation Enterprise Fund.
[Amended 7-17-2003 by Ord. No. 2003-24]
Microwave ovens for residential customers can be picked up at curbside by the department by obtaining a scheduled pick up date from the department, or can be delivered to the DPW complex. The fee charged for pickup or acceptance shall be as provided in Chapter A110, Fee Schedule, of the City Code.