[HISTORY: Adopted by the City Council of the City of Fitchburg 3-18-2014 by Ord. No. 035-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Health — See Ch. 111.
Junk dealers and collectors — See Ch. 116.
Litter and handbills — See Ch. 128.
Property maintenance — See Ch. 138.
[1]
Editor's Note: This ordinance also repealed former Ch. 112,
Recycling and Solid Waste, adopted 6-21-2011 by Ord. No. 099-2011,
as amended.
A.
The City of Fitchburg hereby determines that:
(1)
There is a critical need to eliminate, mitigate and prevent the nuisances
and adverse public health effects associated with the collection,
processing and disposal of solid waste from whatever source derived,
including municipal, industrial, domestic, commercial and other sources
or activities;
(2)
The City has entered into a long-term contract for the development,
management, operation and closure of the landfill pursuant to the
provisions of St. 1991, chapter 531 as amended and known as the Solid
Waste Disposal Services Agreement; and
(3)
The City must pay for each ton of solid waste delivered by or on
behalf of the City pursuant to the Solid Waste Disposal Services Agreement;
and
(4)
The City intends to provide as much choice to residential households
in the collection and disposal of solid waste as feasible; and move
toward current or future innovative methods of collection and disposal
to keep up with trends for the purpose of reducing associated costs;
and
(5)
Throughout the commonwealth there exists a severe shortage of environmentally
safe and financially sound capacity for the storage, disposal and
processing of solid waste. The costs of collecting, processing and
disposal of solid waste are increasing; and
(6)
The City will advance all of these interests by encouraging by all
available means recycling efforts which recycle solid waste, including
but not limited to newspaper, mixed paper, paperboard, corrugated
cardboard, glass, aluminum and steel cans, and plastic Nos. 1 through
7, metal, rubber, used tires, yard waste, and other waste ban items
rather than placing it in the City's landfill.
B.
It is hereby declared an essential public purpose to:
(1)
Establish a program for the automated and semiautomated collection
and handling of solid waste which limits eligible residents'
production of trash and provides more containment for trash on the
property and at curbside for a potentially cleaner more litter-free
operation of the City's system for collection, disposal and storage
of solid waste.
(2)
Encourage residents to act together effectively to reduce the production
of solid waste by recycling an ever-increasing amount of recyclable
solid waste, thereby reducing the amounts of solid waste landfilled,
thereby additionally reducing disposal costs.
C.
This chapter is enacted pursuant to the authority of the City under
Art. 2 of the Amendments to the Constitution of the Commonwealth,
as established by the ratification of Art. 89 of the Amendments, the
Home Rule Amendment; MGL c. 44, § 28C; MGL c. 40, § 8H.
A.
The City of Fitchburg hereby establishes an automated and semiautomated
municipal program for the collection of residential solid waste, whereby
the program encourages:
(1)
The reduction of household trash, rubbish and refuse by limiting
the amount collected;
(2)
The incentive-based separation of recyclables, yard waste, and paper
and container materials from trash by the residents of the City;
(3)
The curbside collection of most recyclable materials and dropoff
collection for other recyclable materials; and
(4)
The management of collection, processing and disposal of solid waste
while enhancing and enforcing recycling goals.
B.
Eligible trash and recycling collection.
(1)
Effective July 1, 2012, the following shall be eligible for municipal
curbside trash and recycling collection without additional fees:
(a)
All single-family dwelling units, unless additional carts are
rented beyond one trash and one recycling cart;
(b)
Single detached condominiums, unless additional carts are rented
beyond one trash and one recycling cart;
(c)
Four dwelling units or less, unless additional carts are rented
beyond one trash and one recycling cart per unit;
(d)
Dwellings containing five or more units and no more than eight
units, unless additional carts are rented beyond the four trash carts
and four recycling carts.
(2)
Participating households may dispose of trash for the City curbside
collection program only in City-designated trash-household waste carts
for weekly collection on days designated by the Board of Health.
(3)
No trash will be picked up unless it is placed in a City-issued cart
or other arrangements are made and approved by the Board of Health
or its agents.
(4)
Acceptable recyclable materials must be placed in the City-issued
recycling cart.
C.
At the inception of the program, eligible households will be issued:
(1)
One sixty-four-gallon wheeled container ("trash-household waste cart")
which limits amounts of trash, rubbish and refuse collected at curbside
from applicable residences; and;
(2)
One ninety-six-gallon recycling cart for the storage and bimonthly
(every other week) collection of eligible recyclables.
(3)
In the instances upon request, residents may substitute one thirty-five-gallon
cart for either above trash or recycling cart.
D.
The carts are property of the City and/or its contractor and are
assigned to a specific address and must remain at that address when
ownership or occupancy of a dwelling and dwelling unit is changed.
E.
Each cart has a serial number that will be matched to the eligible
property's address.
F.
Property owners are responsible for replacing and paying for any
carts that have been damaged (unless damaged by the contractor), taken
or removed from any eligible residence for whatever reason. The Director
of Public Health shall set a fee for the replacement of carts that
have been destroyed, damaged, taken or lost.
G.
Any eligible resident may rent additional trash and recycling carts
for a fee as determined by the Director of Public Health.
H.
This program includes:
(1)
Regulated automated and semiautomated curbside pickup of household trash and some recyclable materials from those eligible households described in § 112-2B of this chapter.
(2)
The collection of yard waste made on a scheduled basis under the
supervision of the Board of Health acting through the Health Department.
(3)
The disposal of all other items not collected at curbside, pursuant
to regulations and fees established by the Board of Health.
(4)
The Director of Public Health shall have the authority to manage
and control the program in his/her discretion and shall have the power
and authority to enact regulations not inconsistent with this chapter.
I.
The Director of Public Health may, in the exercise of his/her discretion,
and subject to the contractual rights and obligations of the City,
allow owners of dwellings exceeding eight units and commercial buildings
to participate in the program at a fee required pursuant to the City's
waste contract. If the Director of Public Health, under an amended
contract, allows this expansion of participation, he/she shall recalculate
the fees charged for trash collection to meet the requirements of
state law based on associated costs.
As used in this chapter, the following terms shall have the
meanings indicated:
Any household garbage, rubbish or any other discarded refuse,
solid waste or recyclable material that is generated from outside
the City of Fitchburg or from a place other than the location from
which it is collected.
The person named in the application as the owner of property.
The solid residue from the combustion of fuel used in heating
and cooking operations as occurring in households and apartments but
not to include such residue from commercial or industrial plants or
operations therein.
Those costs that must meet but not exceed projected expenses
for the program established under this chapter.
The legally constituted Board of Health for the City of Fitchburg
or its authorized agents or representatives.
All furniture, box springs, mattresses, couches, chairs,
rugs, and other bulky material with weights or volumes greater than
those allowed for in City designated carts. White goods and CRTs are
not considered bulk waste.
Any intact, broken or processed glass tube used to provide
the visual display in televisions, computer monitors and certain scientific
instruments such as oscilloscopes.
The City Fitchburg, a Massachusetts municipality, and shall
include all geographic areas, streets and ways and all building and
improvements within the municipal boundaries of the City.
The system for municipal recycling and solid waste collection
established by this chapter.
A hauler in the business of removal, transport and disposal
of all sorts of wastes as a commercial enterprise.
All types of solid waste generated by stores, offices, institutions,
restaurants, warehouses, any commercial use and other nonmanufacturing
activities, or similar types of solid waste generated from manufacturing
operations.
All waste building materials resulting from construction,
remodeling, and repair or demolition operations and includes bricks,
concrete, toilets, shower stalls, tubs, sinks and other materials
accumulated from remodeling, repair and demolition operations.
The process of removal of rubbish, trash, refuse, and approved
recyclable materials from eligible households as established by this
chapter. The trash-household waste and recycling cart are part of
the curbside collection program.
The duly appointed Director of Public Health appointed by
the Board of Health for the City of Fitchburg or his or her authorized
representative or designee.
The removal of trash from one dwelling, commercial or industrial
location and transferring, dumping, land-filling or placement into
or on any other location, including any land or water or the incineration
of rubbish for energy recovery or otherwise.
Every building or shelter, including but not limited to rooming
houses and temporary housing used or intended for human habitation
and every other structure or condition located within the same lot
line. The term includes multifamily dwellings with up to and including
eight dwelling units. See "residence," below.
The room or group of rooms within a dwelling used or intended
for use by one family or household for living, sleeping, cooking and
eating. "Dwelling unit" shall also mean a condominium unit.
An established site or works, and the appurtenances related
to it, which is, has been or will be used for the handling, storage,
transfer, processing, treatment or disposal of solid waste, including
all land, structures, and improvements which are directly related
to solid waste activities.
Animal, vegetable or other organic waste resulting from the
handling, preparing, cooking, consumption or cultivation of food.
A person licensed or permitted by the Board of Health to
pick up and transport solid waste and/or recyclable materials in the
City.
Waste or materials in any amount which is or are defined,
characterized or designated as hazardous by or pursuant to federal
or state law, or waste or materials in any amount which is so regulated
under federal or state law. For purpose of this chapter, the term
"hazardous waste" shall also include oil or petroleum products, motor
oil, gasoline, petroleum or oil-based materials or products, pathological
or biological waste, chemicals or compounds which are explosive, flammable,
radioactive or toxic, oil-based paint, automobile batteries, asbestos,
ammunition, broken computer or television screens, and any other substance
so designated by the Board of Health.
A facility or part of a facility established in accordance
with a valid site assignment for the disposal of solid waste into
or on land.
The permit or pass issued by the Board of Health allowing
access to and use of the landfill or residential drop off area. A
landfill permit may be either residential or commercial. The Board
of Health shall charge a fee for such permit or pass which shall be
determined annually and adjusted reasonably at the discretion of the
Board of Health.
Any ferrous or nonferrous waste material or alloy that can
be scrapped, which includes but is not limited to appliances, bicycles,
automobile parts, and pieces of steel.
Any individual, partnership, association, firm, legal entity,
company, corporation, department, agency, group, or public body.
The system for municipal recycling and solid waste collection
established by this chapter.
The person(s) listed on the most recent deed of record in
the Registry of Deeds. For purposes of this chapter, every person
described as a grantee on the applicable deed(s) of record is jointly
and severally liable for the fees imposed by this chapter and to comply
with the obligations imposed by it. For the purposes of this chapter,
both the trustee and beneficiaries of a realty trust, so called, shall
be owners.
A wheeled container with a lid issued by the City for the
purposes of automated and/or semiautomated collection of approved
recycling material from the curbside of eligible households.
Materials which the City has designated as having potential
for recycling which are washed and rinsed of residual food products
(where applicable) and are not contaminated by significant amounts
of toxic substances. These materials include, but are not limited
to, newspaper, magazines, glass containers (clear, green and brown),
No. 1 through No. 7 plastic containers, and aluminum cans, corrugated
cardboard, brown paper bags, white and colored office paper and computer
papers separated from other mixed waste and placed for curbside pickup
in a City-approved recycling cart or approved container or brought
to the residential landfill dropoff or other locations approved by
the Massachusetts Department of Environmental Protection and/or the
Board of Health.
Single-family dwellings, single detached condominiums and
multifamily dwellings up to and including eight residential units
or apartments, whether or not all of them are occupied.
A facility or part thereof approved and established in accordance
with a valid site assignment for the receipt of certain designated
solid waste, including but not limited to recyclable material, yard
waste and other items approved.
Waste materials from typical household and living conditions
other than garbage or ashes but does not include waste materials from
building construction or repair, nor garden, lawn or tree trimmings.
It does not include factory waste or refuse from industrial plants
of any character.
All spent noncommercially generated, hypodermic needlas and
lancets that have been used or are not in their original, intact and
sealed packaging and that result from personal use or from pets at
a residence or outside the home. The term "home sharps" does not include
needles or lancets generated by home health aides, visiting nurses,
or any other person providing a professional service in a private
residence.
Refers to the excess of trash, rubbish and refuse or recycling
placed in a City trash-household waste or recycling cart so that debris
is built up beyond capacity of the cart and does not allow the lid
of the cart to be closed firmly.
Rubbish, garbage, trash, ashes, recyclable materials, discarded
furniture, compostable materials, white goods, CRTs, discarded appliances
and other refuse not listed on the DEP waste ban list in 310 CMR 19.017,
as the same may from time be amended or superseded.
The City's program for pickup, transportation and all
activities related to disposal of solid waste.
The carrying of acceptable waste and recyclables in an approved
and lawfully registered vehicle, operated by a duly licensed driver,
from the point of collection or pickup within the City to the landfill
or any other approved site and to unload such waste at that site.
All refuse, rubbish and garbage generated on a weekly basis
by a typical household. These (allowed) materials may include garbage
or all organic waste matter (animal, fish, fruit and vegetables) produced
from the preparation of food for human consumption, pizza boxes, soiled
paper plates, wax paper, clothing, shoes, boots, rubber (no tires),
glassware, whole or broken earthen ware (china), plastics unable to
be recycled, toys and small tools and rubbish and refuse debris from
noncommercial sources. Trash does not include yard waste or waste
ban items prohibited by the Massachusetts Department of Environmental
Protection at 310 CMR 19.017 as the same may from time be amended
or superseded.
The following types of waste are specifically excluded (or not
acceptable) from the definition of trash: recyclables, waste ban items,
yard waste, white goods, CRT materials, bulky waste, hazardous waste;
construction and demolition debris from all sources; fluorescent light
bulbs, motor vehicles; auto bulks, engine blocks, transmission blocks,
heavy machinery, ski mobiles, motorcycles or parts, lawn mowers and
yard machinery, tractors, chain link fencing, metal tanks and metal
objects, and other large metal scrap items; tree stumps, regardless
of size; pathological waste; radioactive materials, toxic and volatile
chemicals; explosives; tires; batteries; liquid and semiliquid waste;
waste oil, oil sludge, gasoline, and other petroleum products; highly
flammable substances, liquid paint, caustic materials, paint thinners
or paint removers, pesticides, asphalt, brick, concrete, soil, stones,
boulders, dirt, gravel, sand, loam, fill, and other earthen materials;
septage or human waste or remains or excrement; medical sharps; and
materials banned now or at any future time from the waste stream by
the Massachusetts Department of Environmental Protection or by any
other state or federal governmental agency, board, official or commission.
The wheeled container with an attached lid which closes,
issued by the City for the purpose of the limited collection of eligible
trash-household trash from eligible households.
Those items of waste listed by the Massachusetts Department
of Environmental Protection at 310 CMR 19.017, as may from time to
time be amended. Waste ban items cannot at any time be placed into
the trash-household waste or recycling cart for curbside collection
or be placed at curbside for the City collection.
Large household appliances incidental to the maintaining
of a residence, including but not limited to refrigerators, stoves,
washers, dryers, trash compactors, dehumidifiers and other similar
metal items. White goods or any portions thereof cannot be placed
into the City trash-household waste or recycling cart or placed at
curbside for City's collection.
For the purpose of the City program, means leaves, twigs,
grass clippings and other easily raked materials, garden waste, grass
and other clippings, weeds, brush and other materials customarily
incidental to yard and garden maintenance, and branches not exceeding
three inches in diameter by four feet in length to be tied in bundles
not to exceed 50 pounds. For the purposes of this chapter, Christmas
trees shall be included as yard waste. Yard waste cannot be placed
into the City trash or recycling cart.
Thirty-gallon multiply biodegradable paper bags as specified
by the City, the contents of which shall not exceed 50 pounds. Yard
waste bags containing yard waste shall not be placed in either of
the City carts.
A.
Each homeowner or residential occupant participating in the program
will benefit from sorting and preparing all recyclable material, and
will separate these materials from the trash.
B.
Recyclables shall be washed and rinsed of residual food products,
and separated from the trash. The City will only provide curbside
collection of approved recyclables if property placed in the recycling
cart.
C.
Approved curbside recyclables shall be placed into the recycling
cart and placed at curbside in a manner specified by the hauler (bimonthly),
every other week according to schedule, and removed from the curbside
of the roadway no earlier than 12 hours before collection day as identified
by the Board of Health or 12 hours after collection.
D.
All recycling materials shall be placed in the recycling cart in
a manner so as to prevent the scattering or spilling of the materials
on the ground. No recycling cart shall exceed 75 pounds in weight.
Snow-coning and the placement of recyclables in plastic bags are prohibited.
A.
Massachusetts Code of Regulations, 310 CMR 19.017, the Massachusetts
Department of Environmental Protection Waste Disposal Ban Regulations,
imposes restrictions on the disposal or transfer for disposal of certain
recyclable materials. To ensure conformance with the regulations,
any person participating in the City curbside program shall participate
in the mandatory recycling program.
B.
The City will provide bimonthly (every other week) automated/semiautomated
curbside collection for users of the program who are eligible and
have a recycling cart, but only for the following recyclable materials:
newspaper with inserts, magazines, catalogs, junk mail, office paper,
phone books, paperboard, corrugated cardboard, glass bottles/jars,
metal food cans, beverage cans, aluminum foil pie pans, milk and juice
cartons, and drink boxes, food cans, and plastics Nos. 1 through 7.
C.
The Board of Health may alter, eliminate or add to this list or change
the disposal method by regulations duly adopted.
D.
The recycling cart must be placed at the curbside of the roadway
(bimonthly) every other week according to the recycling collection
schedule in the City curbside collection recycling cart with a securely
closed lid by 6:30 a.m. on the scheduled collection day but no earlier
than 12 hours before the scheduled collection.
E.
The Board of Health and its agents and the waste/recycling hauler
have full authority to reject any cart or container which violates
any portion of this chapter or applicable local, state and federal
regulations. Any cart rejected will not be eligible for another pickup
until the next scheduled collection.
F.
Other recyclable items may be brought to the landfill dropoff area
or to other sites designated and approved by the Director of Public
Health.
A.
Each homeowner or residential occupant participating in the program
will benefit from sorting and preparing all yard waste material as
defined in this chapter, and will separate these materials from the
trash and recycling. The only acceptable containers for the accumulation,
storage and curbside collection of approved yard waste materials are:
B.
All yard waste materials shall be packaged in a manner to prevent
the scattering of the materials on the ground or on City streets.
Materials in approved containers/bags must not exceed 50 pounds in
weight.
C.
Residents may place an unlimited amount of yard waste in approved
containers on the date(s) and time(s) of collection as determined
by the Director of Public Health.
D.
Yard waste placed in unapproved containers such as plastic nonbiodegradable
bags will not be collected and constitutes a violation of this chapter.
E.
Yard waste must not be placed in the City recycling or trash cart.
F.
For the purpose of this chapter, Christmas trees will be considered
yard waste and a collection period shall be scheduled by the Board
of Health in January of each calendar year.
G.
Brush not exceeding three inches in diameter and four feet in length
may be disposed as yard waste. Brush must be tied securely in bundles
not exceeding 50 pounds per bundle for pickup at curbside.
H.
Yard waste shall not be disposed of or raked onto and left on any
paved street or public right-of-way.
I.
Yard waste may be brought to the landfill compost area or at other
sites designated and approved by the Director of Public Health.
A.
The City will provide weekly automated/semiautomated curbside collection
of trash-household waste from only one trash cart from eligible households,
unless additional carts are rented from the City. If the user has
trash in excess of the capacity of the trash cart(s), the City will
not pick it up but the resident may dispose of it by obtaining a landfill
permit pass for a fee determined by the Board of Health or by renting
additional carts from the City or by engaging a commercial hauler.
In any event, the user may not leave excess trash not in trash carts
at the property or at curbside.
B.
All trash-household waste inserted into the trash cart must not be
loose and must be placed in tied plastic trash bags to prevent littering
or scattering of material on the ground or on City streets.
(1)
The City will not pick up trash unless the trash cart is placed at
curbside in a manner specified by the hauler on the designated weekly
collection days according to the collection calendar. The City will
not pick up trash unless it is placed in a City-issued trash cart.
The City will not pick up any of the following:
(2)
The City and its contractor have the right to reject any cart which
does not comply with this chapter or if any other condition exists
which in the judgment of the Director of Public Health may cause a
hazard or nuisance. Any cart rejected during regular collection will
not be picked up by the contractor until the next scheduled collection
day.
(3)
Carts will be issued by the City and distributed on a date set by
the Director of Public Health.
(4)
Trash-household waste carts for curbside collection must be property
placed at the curb according to the hauler's instructions no
earlier than 12 hours before the scheduled collection day. All carts
must be removed from curbside within 12 hours after the collection.
(5)
The City may, on an annual basis, conduct household hazardous waste
days.
(6)
Property owners of commercial or industrial properties, multifamily dwellings consisting of nine dwelling units or more and condominiums shall be responsible for the proper storage and disposal of all solid waste, including all trash, garbage, trash-household waste, commercial waste, recyclables, yard waste, white goods, construction debris and CRT materials through commercial haulers and are not eligible to participate in the City-sponsored automated and semiautomated curbside collection cart program except as may be provided in § 112-2I of this chapter.
A.
Bulk items will be collected as part of the curbside collection program
as a fee-based program. Fees shall be set on an annual basis by the
Director of Public Health. Bulk items shall not be placed at curbside
for collection unless the owner or resident of a dwelling has contracted
with a commercial hauler or has made arrangements with the Board of
Health or a permitted individual or company who will properly dispose
of these items.
B.
Eligible residents may dispose of bulk items at the Fitchburg/Westminster
Sanitary Landfill for a fee as determined by the Board of Health.
C.
Residents may dispose of bulk items at any other site approved by
the Board of Health.
D.
Bulk items left at curbside for longer than 24 hours shall constitute
a violation of this chapter.
A.
An owner of residential property does not have to participate in
the curbside collection cart program and may be exempted from participating
as follows:
(1)
By contracting with a commercial hauler who possesses a City of Fitchburg
commercial permit for the removal and disposal of solid waste, trash,
recyclable materials, yard waste, white goods and CRT materials. Any
property owner seeking this exemption must annually submit to the
Director of Public Health a copy of a signed contract from a duly
permitted hauler as well as a plan, in writing, of how said materials
will be accumulated, stored and removed from the property.
(2)
The owner may purchase a residential or commercial landfill permit
at a cost established by the Board of Health and by personally transporting
the solid waste and recyclables to the landfill at the tonnage rate
set by the landfill (commercial permit only) or may engage a commercial
hauler and/or place a dumpster on the property in a manner consistent
with the regulations of the Board of Health and the Department of
Public Works.
(3)
The Board of Health may allow other exemptions on a case-by-case
basis in accordance with written policies formally adopted as regulations
by the Board of Health and kept on file in its office and in the office
of the City Clerk.
A.
Land. The owner of any parcel of land, vacant or otherwise, is responsible
for maintaining the parcel of land in a clean and sanitary condition
and free from trash, garbage; rubbish, other refuse and recyclable
materials. The owner will clean the parcel of such materials if they
are placed there from any source and will correct any condition or
accumulation of solid waste caused by or on the parcel or its appurtenance
by any person.
B.
Dwelling units. The occupant of any dwelling unit shall be responsible
for maintaining in a clean and sanitary condition that part of the
dwelling which he exclusively occupies or controls and shall keep
it free of solid waste, garbage, trash, rubbish, or any filth or potential
causes of sickness. The occupant will not place any trash, rubbish,
garbage or recyclable materials on the grounds or common areas or
dispose of any solid waste except in appropriate, designated sites
or locations or at curbside for municipal collection in accordance
with any regulations of the Board of Health.
C.
Dwellings containing less than three dwelling units. In a dwelling
that contains less than three dwelling units, the occupant is responsible
for maintaining in a clean and sanitary condition, free of garbage,
rubbish, other filth or causes of sickness, the stairs or stairways
leading to his dwelling unit and the landing adjacent to his dwelling
unit if the stairs, and stairways or landings not used by another
occupant.
D.
Common areas. In any dwelling, the owner shall be responsible for
maintaining in a clean and sanitary condition free of garbage, trash,
solid waste, rubbish, or filth or potential causes of sickness that
part of the dwelling which is used in common by the occupants and
which is not occupied or controlled by one occupant exclusively.
E.
Common ways. The owner of any dwelling abutting a private passageway
or right-of-way owned or used in common with other dwellings or which
the owner or occupants under his control have the right to use is
responsible for maintaining in a clean and sanitary condition free
of garbage, rubbish, solid waste, trash, filth or potential causes
of sickness that part of the passageway or right-of-way which abuts
his property and which he or the occupants under his control have
the right to use or which he owns.
F.
Storage of garbage, rubbish and recycling. The owner of any dwelling
that contains three or more dwelling units, the owner of any rooming
house, and the occupant of any other dwelling place shall be responsible
for providing as many receptacles for the storage of garbage, rubbish
and recycling as are sufficient to contain the accumulation before
final collection or ultimate disposal and shall so locate them to
be convenient to the tenant that no objectionable odors enter any
dwelling.
G.
The occupants of each dwelling, dwelling unit and rooming unit shall
be responsible for the placement of this garbage, rubbish and recycling
in the receptacles required in 105 CMR 410.600(C) or at the point
of collection by the owner.
A.
Any violation of this chapter which creates, or as a result of which
there is created, an accumulation of garbage, offal, solid waste,
trash, refuse, filth, or recyclable materials or junk either inside
or outside any dwelling, or on vacant land, or on or in water, is
hereby declared to constitute a nuisance.
B.
Any act or failure to act, whether it violates this chapter or not,
which results in an accumulation of garbage, offal, solid waste, trash,
refuse, filth, or recyclable materials or junk, either inside or outside
any dwelling, or on vacant land, or on or in water is hereby declared
to constitute a nuisance.
C.
Whoever violates any provision of this chapter by doing any act or
thing which is enjoined or prohibited or failing to do what is required
shall, unless other provision is expressly made in this chapter, by
statute, or regulation of the Board of Health, be penalized by a fine
of $300 for each offense. Each day any violation of this chapter continues
constitutes a separate offense. Any person acting in concert with
a person who violates this chapter, including an employer or employee,
agent or servant and all other persons participating in the violation
will be separately penalized by a fine of $300 for each offense to
the fullest extent permitted by law.
D.
All invoices for the payment of municipal charges, fees and bills,
fines or violations under any provision of this chapter or arising
in connection with enforcing the ordinance are due and payable within
14 days after they are mailed or delivered unless a different due
date is otherwise provided by law or ordinance. Fees for permits are
due when the permit is issued. Any invoice remaining unpaid after
its due date will accrue interest from the due date at the rate of
interest charged on tax bills under the provisions of MGL c. 59, § 57,
as the same may from time to time be amended. The fees and charges
assessed under this chapter, together with interest thereon and costs
relative thereto, shall be a lien upon the real estate as described
in MGL c. 40, § 58. The lien shall take effect upon the
recording of a list of unpaid municipal charges and fees by parcel
of land and by the name of the person assessed for the charge or fee
in the registry of deeds and, if a charge or fee which is secured
by a municipal charges lien remains unpaid when the assessors are
preparing a real estate tax list and warrant to be committed under
MGL c. 59, § 53, the Director of Public Health, or the collector
of taxes, shall certify the charge or fee to the assessors, who shall
forthwith add the charge or fee to the tax on the property to which
it relates and commit it with their warrant to the collector of taxes
as part of such tax. If the property to which such charge or fee relates
is tax exempt, the charge or fee shall be committed as a tax. A lien
under this section may be discharged by filing a certificate obtained
from the tax collector that all municipal charges or fees constituting
the lien, together with any interest and costs thereon, have been
paid or legally abated. All costs of recording or discharging a lien
under this section shall be borne by the owner of the property.
E.
The City may collect and enforce the fees and charges imposed hereunder
from persons liable therefor by appropriate legal proceedings in connection
with any collection and enforcement by the Director of Public Health.
F.
This chapter imposes duties on residents, owners of property and
others. Upon the neglect or violation of any duty imposed by this
chapter, that duty may be performed by the Board of Health, the Department
of Public Works or employees thereof at the expense of the person
charged with the duty. The City may recover its expenses, not exceeding
the monetary penalty, in a legal action of contract.
G.
The Chief of Police and all police officers or officers empowered
to enforce MGL c. 270, §§ 16 and 16A, which regulates
the disposal of rubbish, trash and other forms of solid waste, are
directed to enforce those sections vigorously in furtherance of the
goals of this chapter.
H.
Any persons who violate this chapter, and those persons acting in
concert with them, including their employers or employees, agents
or servants and all other persons participating in the violation,
shall be liable to the penalty prescribed to the fullest extent permitted
by law.
I.
Criminal complaint. This chapter may be enforced by a criminal complaint.
Whoever violates any provision of the rules and regulations adopted
or enforced by the Board of Health of the City of Fitchburg may be
penalized by complaint brought in the District Court or Worcester
County Housing Court. Except as otherwise provided by law, the maximum
penalty for any such violation of these rules and regulations shall
be $300 for each offense.
J.
Noncriminal disposition.
(1)
Notwithstanding the provisions of Subsection A, whoever violates any provision of this chapter may, in the discretion of any agent duly appointed and employed by the Board of Health or the Police Department of the City, be penalized by a noncriminal complaint filed in the District Court or the Housing Court pursuant to the provisions of MGL c. 40, § 21D. For purposes of such noncriminal enforcement, the penalty to apply, in the event of a violation, shall be as follows:
(2)
For purposes of this subsection, an offense shall not be considered
a repeat or subsequent offense unless it occurs on or affects the
same property as the first offense. Each day on which a violation
exists shall be deemed a separate offense.
K.
Mandatory recycling education, enforcement and noncriminal disposition.
(1)
Notwithstanding the provisions of Subsection A, whoever violates the mandatory recycling provisions, including but not limited to any person exceeding the trash cart limits and not recycling or any person not recycling or recycling improperly, may, in the discretion of any agent duly appointed and employed by the Board of Health or the Police Department of the City, be issued a written warning for the first offense.
(2)
Second offense and subsequent offenses can penalized by a noncriminal
complaint filed in the District Court or the Housing Court pursuant
to the provisions of MGL c. 40, § 21D. For purposes of such
noncriminal enforcement, the penalty to apply, in the event of a violation,
shall be as follows:
(3)
For purposes of this subsection, an offense shall not be considered
a repeat or subsequent offense unless it occurs on or affects the
same property as the first offense. Each day on which a violation
exists shall be deemed a separate offense.
A.
Each section, each provision or requirement of any section of this
chapter shall be considered separable. If any section, subsection,
sentence, clause, phrase or portion of this chapter is for any reason
held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining
portions hereof.
B.
Nothing in this chapter is intended to, nor shall it be construed
to, diminish or limit the powers, authorities and duties of the Board
of Health.
C.
It is the intent of the City of Fitchburg acting by and through its
legislative and executive branches to prohibit certain behaviors and
conduct as set forth in this article consistent with the Constitutions
of the United States and the Commonwealth of Massachusetts and the
statutory provisions of the Commonwealth of Massachusetts. Any ambiguity
or doubt in interpreting or construing any section, word or provision
of this chapter shall be resolved in a manner so as to further the
expressed intent of this chapter.
