[Adopted 5-17-1993 as
Ch. 8.12 of the 1993 Code]
A.
Notice to remove. No person being an owner or person in possession
of real property in the City shall suffer or allow the use of his
property as a gathering place for waste material or debris such as
papers, rags, boxes, branches, cans, broken glass, broken boards,
discarded furniture or abandoned or unusable motor vehicles for more
than seven days after having received written notice from the Chief
of Police or the Health Commissioner to remove said material.
B.
Regulations.
(1)
No person shall place rubbish or other debris for collection by the
City within 10 feet of any abutter's property or in any way interfere
with abutter's access to his property or with access to a public sidewalk.
(2)
No rubbish or other debris may be placed out for collection more
than one day prior to scheduled pickup, and empty containers shall
be removed within one day of pickup.
A.
CONTRACTOR
DUMPSTER
ENFORCING PERSON
FACILITIES AFFECTED
OWNER
Definitions. In this section, the following terms shall have the
meanings indicated:
The person or legal entity owning or having legal title to
the dumpster.
Any receptacle used for the collection and storage of rubbish,
garbage, offal and other substances.
The Health Commissioner and agents are designated as the
enforcing officers of the provisions of this section.
All commercial businesses utilizing dumpsters, except businesses
using temporary construction dumpsters, and all residential buildings
having eight or more units.
The person or legal entity having title to the land upon
which a dumpster is located and/or the person or legal entity operating
on the premises where a dumpster is located. The name and address
of the owner shall be on file in the office of the Health Commissioner.
B.
Requirements.
(1)
Location. Each dumpster shall be located at a distance from the lot
line so as not to interfere with the safety of or obstruct the curb
and sidewalk, or the convenience or health of abutters and the general
public, or obstruct the view of flowing traffic. The location of dumpsters
shall be subject to approval of the Health Commissioner and Department
of Inspectional Services.
(2)
Covers. All dumpsters shall have a cover capable of containing the
contents therein and shall be covered and secured when not in use
and at all other times except during the actual filling of the dumpster,
with the exception of a roll-on/roll-off or similar dumpster used
for construction debris, auto body parts, or recycled or bulky type
materials.
(3)
Size; sanitation. All dumpsters must be of sufficient size and capacity,
shall not overflow and must be free of any distasteful odors. The
owner utilizing the dumpster must take appropriate action to have
the dumpster emptied of its contents immediately when full. The owner
must properly sanitize the dumpster as often as is required and/or
as deemed necessary by the Health Commissioner.
C.
Enclosures.
[Amended by Order No. 1993-56; Order No. 94-042]
(1)
New commercial businesses. Effective immediately, all new commercial
businesses in the City utilizing a dumpster shall be required to enclose
their dumpsters with a material capable of obscuring the view of the
dumpster from the public and shall place the dumpster on a cement
or asphalt pad. The enclosures are subject to the approval of the
Health Commissioner. Owners may apply for a waiver from this subsection
if they can demonstrate that the area is incapable of a complete enclosure,
or if their location (i.e., on the waterfront) requires placement
of a dumpster on a wooden pier.
(2)
Existing commercial businesses. As of June 10, 1993, all existing
commercial businesses in the City utilizing a dumpster shall be required
to enclose their dumpsters with a material capable of obscuring the
view of the dumpster from the public and shall place the dumpster
on a cement or asphalt pad. The enclosures are subject to the approval
of the Health Commissioner. Owners may apply for a waiver from this
subsection if they can demonstrate that the area is incapable of a
complete enclosure, or if their location (i.e., on the waterfront)
requires placement of a dumpster on a wooden pier.
(3)
Residential buildings with eight or more units. As of June 10, 1994,
all residential buildings with eight or more units utilizing a dumpster
shall be required to enclose their dumpsters with a material capable
of obscuring the view of the dumpster from the public and shall place
the dumpster on a cement or asphalt pad. The enclosures are subject
to the approval of the Health Commissioner. Owners may apply for a
waiver from this subsection if they can demonstrate that the area
is incapable of a complete enclosure, or if their location (i.e.,
on the waterfront) requires placement of a dumpster on a wooden pier.
(4)
Municipally owned structures. As of July 1, 1994, all municipal departments
and agencies in the City utilizing a dumpster shall be required to
enclose their dumpsters with a material capable of obscuring the view
of the dumpster from the public and shall place the dumpster on a
cement or asphalt pad. The enclosures are subject to the approval
of the Health Commissioner. The municipal department may apply for
a waiver from this subsection if it can demonstrate that the area
is incapable of a complete enclosure.
D.
Owner and contractor; maintenance duties.
(1)
No dumpster shall be emptied before 7:00 a.m. Within the industrial
and commercial business area of downtown Quincy Center, dumpsters
may be emptied prior to 7:00 a.m. The contractor is responsible for
preventing spillage of the contents during the emptying and transporting
process.
(2)
It shall be the responsibility of the owner to maintain the dumpster
and the surrounding area so that it is free of odors, rodents, flies,
insects, scattered debris and any overflow on the boundaries of the
owner's property lines. The contractor or owner shall deodorize, wash,
steam and sanitize the dumpster and surrounding area as often as needed
or as required by the Health Commissioner.
(3)
The contractor or owner shall conspicuously display its name and
telephone number on the dumpster.
E.
Violation of provisions; penalties.
(1)
Whoever violates any provision of this section may be fined up to the maximum provided for in § 1-1 of this Code. Each day that the violation continues shall constitute a separate offense.
(2)
In addition to the enforcement as described above, the provisions
of this section may also be enforced by noncriminal complaint pursuant
to the provisions of MGL c. 40, § 21D, and such penalty
shall be $50 for each violation. Each day that the violation continues
shall constitute a separate offense.
