[Ord. No. 03-29A, § 1, 8-20-2003]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A litter storage and collection receptacle.
Any individual, or individuals, designated by the Mayor to
issue citations and to enforce the provisions of this article, and
any police officer of the Town of Cumberland.
Decomposable animal and vegetable wastes including but not
limited to those resulting from the handling, preparation, cooking
and consumption of food.
Garbage, refuse and rubbish, as defined in this section,
and all other waste material which, if thrown or deposited as prohibited
in this article, including but not limited to those that tend to constitute
a hazard, or the presence of which is offensive to a person of ordinary
sensibility.
A park, reservation, playground, beach, recreation center
or any other public area in the Town, owned or used by the Town, and
devoted to active or passive recreation.
Any dwelling, house, building or other structure designed
or used either wholly or in party for private residential purposes
whether inhabited or temporarily or continuously uninhabited or vacant,
including any yard, grounds, walk, driveway, porch or steps belonging
or appurtenant to such dwelling, house, building or other structure.
Any street, sidewalk, boulevard, alley or other public way
and including but not limited to any public park, square, space, grounds
or building.
All decomposable and nondecomposable solid wastes, except
body wastes, including but not limited to garbage, rubbish, ashes,
street cleanings, abandoned automobiles, and solid market and industrial
wastes.
All nonputrescible solid waste, excluding ashes, consisting
of both combustible including but not limited to wastes such as paper,
cardboard, plastic containers, yard clippings, wood cigarette packs,
cigarette butts, wrappers and noncombustible wastes such as tin cans,
glass, bottles and crockery.
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.
[Ord. No. 03-29A, § 2, 8-20-2003]
No person shall throw or deposit litter in or upon any street,
sidewalk, or other public place within the Town except in public receptacles
in authorized private receptacles for collection or in official city
dumps or sanitary landfill areas.
[Ord. No. 03-29A, § 3, 8-20-2003]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
[Ord. No. 03-29A, § 4, 8-20-2003]
No person shall sweep into or deposit in any gutter, street
or other public place within the Town the accumulation of litter from
any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
[Ord. No. 03-29A, § 5, 8-20-2003]
No person owning or occupying a place of business, golf course
or country club shall sweep into or deposit in any gutter, street
or other public place within the Town the accumulation of litter from
any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying places of business, golf courses or country
clubs within the Town shall keep the sidewalk in front of their business
premises, golf course or country club free of litter.
[Ord. No. 03-29A, § 6, 8-20-2003]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Town or upon private property.
[Ord. No. 03-29A, § 7, 8-20-2003]
No person shall drive or move any truck or other vehicle within
the Town unless such vehicle is so constructed or loaded as to prevent
any load, contents or litter from being blown or deposited upon any
street, alley or other public place, nor shall any person drive or
move any vehicle or truck within the Town, the wheels or tires of
which carry onto or deposit in any street, alley or other public place
mud, dirt, sticky substances, litter or foreign matter of any kind.
[Ord. No. 03-29A, § 8, 8-20-2003]
No person shall throw or deposit litter in any park within the
Town except in public receptacles and in such a manner that the litter
will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere as provided in this article.
[Ord. No. 03-29A, § 9, 8-20-2003]
No person shall throw or deposit litter on any occupied private
property within the Town, whether owned by such person or not, except
that the owner or person in control of private property may maintain
authorized private receptacles for collection in such a manner that
litter will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon any private
property.
[Ord. No. 03-29A, § 10, 8-20-2003]
The owner or person in control of any private property shall
at all times maintain the premises free of litter, provided that this
action shall not prohibit the storage of litter in authorized private
receptacles for collection.
[Ord. No. 03-29A, § 11, 8-20-2003]
No person shall throw or deposit litter on any open or vacant
private property within the Town, whether owned by such person or
not.
[Ord. No. 03-29A, § 12, 8-20-2003]
(a)
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited, except by
handing or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises; provided,
however, that in case of inhabited private premises which are not
posted, as provided in this article, such person, unless requested
by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises, if such
handbill is so placed or deposited so as to secure or prevent such
handbill from being blown or drifted about such premises or sidewalks,
streets or other public places, and except that mailboxes may not
be so used when so prohibited by federal postal law or regulations.
(b)
The provisions of this section shall not apply to the distribution
of mail by the United States, nor to newspapers (as defined herein)
except that newspapers shall be placed on private property in such
a manner as to prevent their being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private property.
[Ord. No. 03-29A, § 13, 8-20-2003]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
lamppost, public utility post or shade tree, or upon any public structure
or building, except as may be authorized or required by law.
[Ord. No. 03-29A, § 14, 8-20-2003]
(a)
Upon a finding by the director of zoning and code enforcement, his
or her agent or designee, that any property within the Town is in
such condition as to be in violation of the requirements of this article,
he or she, his or her agent or designee shall give notice thereof
to the owner or owners of such property to comply with the requirements
of this article within 24 hours after service of notice. Such notice
shall contain a statement of the director of zoning and code enforcement,
his or her agent or designee's findings as to violations, a description
of the property and the estimated cost of clearing such property or
the removal or remedying the condition thereof found to be violating
this article. Such notice may be given personally or by certified
mail, police constable or Town sergeant to the owner or owners of
the property described as their names and addresses are shown upon
the records of the tax assessor of the Town, and service of such notice
shall be deemed complete and sufficient when so addressed and deposited
in the United States mail with postage prepaid and/or by posting a
certified copy on the premises and/or by advertising in one or more
newspapers.
(b)
Enforcement authority. Any designated enforcement officer is authorized
to:
(1)
Issue a written citation, or summons to municipal court, if
such officer witnesses a violation, or has probable cause to believe
that a person has violated the provisions of this article.
(2)
Investigate any litter found thrown, deposited, or dumped on
a public place, or at the owners written request on private property
as well.
(3)
Issue a notice of violation and order the removal of said litter
pursuant to procedures defined in § 32-195 of this article.
[Ord. No. 03-29A, § 15, 8-20-2003]
Upon failure of the owner or owners of such premises to remedy
the conditions existing in violation of the requirements hereof within
seven days after service of notice to do so as provided herein, then
the director of zoning and code enforcement, his or her agent or designee,
may proceed to have such conditions remedied either by the Town of
Cumberland or through a private contractor so retained by said Town.
Said owner or owners shall then be cited to appear before the Cumberland
Municipal Court where, upon conviction, said owner or owners shall
be fined in accordance with § 32-200 hereof, and shall be
required to pay the costs of remediation and cleaning incurred by
the Town of Cumberland. Cleanup costs incurred shall become a lien
against such property to the same extend and character as the lien
for real estate taxes and with the same penalty and interest and with
the same rights of collection, foreclosure sale and forfeiture as
obtained for tax liens, unless said costs are paid to the Cumberland
Municipal Court in accordance with § 32-200 hereof. The
director of zoning and code enforcement may issue a notice of violation
setting forth the details of the violation(s) cited, to be recorded
in the land evidence records of the Town of Cumberland in such form
as the director of zoning and enforcement may prescribe.
[Ord. No. 03-29A, § 16, 8-20-2003]
Upon the making of a finding of violation, the director of zoning
and code enforcement, his or her agent or designee, shall deliver
a certified copy thereof, and of the notice, to the Town Clerk; and
the Town Clerk shall place the same on record as a lien against the
property described therein. It shall also be the duty of the building
inspector to file such other and further certification as to work
done and amounts due or paid as the circumstances may require.
[Ord. No. 03-29A, § 17, 8-20-2003]
Upon completion of the required work by the Town as provided
in sections hereof, notice thereof and of the cost assessed therefore
shall be given to the owner in the same manner as prescribed for notice
of violations in § 32-195 of this article, and the sum assessed
shall be due and payable within 30 days after such completion and
cost, as ordered by the municipal court.
[Ord. No. 03-29A, § 18, 8-20-2003]
Any person owning all or any interest in said property shall have the right to appeal the findings of violation within seven days of service of the notice thereof to the municipal court. Appeals from any decision of the municipal court under § 32-195 herein, may be appealed to the superior court within seven days under § 11-15 of the Town of Cumberland Code of Ordinances.
[Ord. No. 03-29A, § 19, 8-20-2003]
The Director of Public Works, through his office, shall see
that signs are posted in areas so designating the restrictions. In
the absence of posted signage, the provision of this article shall
be in effect within the Town of Cumberland.
[Ord. No. 03-29A, § 20, 8-20-2003]
Upon a first conviction a person shall be fined not less than
$50, nor more than $500. Upon a second conviction a person shall be
fined not less than $300, nor more than $500. Upon a third, and any
subsequent, conviction an offender shall be fined $500.
