[Ord. No. 90-3, §§ 1 — 4; amended 2-3-2014 by Ord. No. 14-01]
The following definitions shall apply in the interpretation and enforcement of this article:
LEAF WASTE COLLECTION PERIOD
The period of time commencing between October 15 and October 25 (when leaves begin falling from the trees) and continuing for eight weeks following that date and/or during such additional times as designated by the Town Manager or his designee.
LEAF WASTE COMPOSTING SITE
Those areas operated, maintained or designated by the Town Manager or his designee for the purpose of storing and/or disposing of leaf waste material for composting.
LEAVES
Deciduous and coniferous seasonal deposition, not including brush or branches. The foliage of trees, bushes and other plants with a minimum contamination by rocks or soil.
PAPER LEAF BAG
A paper leaf bag shall be a sanitary kraft paper sack or equal of 30 gallons' capacity, two-ply, fifty-pound wet strength with decomposing glue and reinforced self-supporting square bottom closure.
RESIDENT
All persons or entities who reside in nonmultifamily residential dwellings.
(a) 
During the leaf waste collection period, residents who wish Town leaf removal service shall place their leaf waste material into paper leaf bags as defined in Section 8-77 above. These paper bags shall be placed at the curbside on the snow shelf in a manner assuring access by the Town or its contractors collecting such paper bags.
(b) 
No material other than leaves shall be placed in these paper bags.
(c) 
Compostable leaf waste material shall not be placed in plastic trash bags during the leaf waste collection period. Leaf waste shall not be placed in the same refuse container as or otherwise mixed with other forms of solid waste for collection, removal or disposal during the leaf waste collection period.
(a) 
Upon placement of compostable leaf waste material for collection by the Town or its contractor at the curbside, pursuant to this article, such materials shall become the property of the Town. It shall be a violation of this article for any person, other than authorized agents of the Town acting in the course of their employment, to collect or pickup or cause to be collected or picked up any compostable leaf waste material so placed. This section shall not apply to any person who elects to transport bagged leaves to the leaf waste composting site in his or her own vehicle.
(b) 
Each and every such collection or pickup in violation hereof from one or more locations shall constitute a separate and distinct offense. The compostable leaf waste material collected by the Town shall be transported to and composted at a designated leaf waste composting site.
The Town Manager or his designee shall be responsible for administering and enforcing the provisions of this chapter and shall have the power and authority to prescribe and promulgate such rules and regulations, consistent with this chapter, as such officer shall deem necessary or expedient, including, but not limited to, the form, terms and conditions of any license or permit. The Town Manager or his designee shall have the power and authority to revoke, suspend or amend any such rule or regulation.
Whenever the Town Manager, his designee, or any police officer of the Town determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, such officer shall give notice of such alleged violation to the person responsible therefor. Such notice shall be in writing and include a statement of the reasons for its issuance and shall specify a time frame for compliance.
(a) 
Notwithstanding any penalties outlined in Articles I through V, or any civil remedies for any damages at common law or statutory law, the violation of any provision of Articles I through V of this chapter shall be punishable by a fine not exceeding $99. Each day any such violation shall continue shall constitute a separate offense and shall be punishable as such.
(b) 
In addition thereto or in lieu thereof, the Town Manager or his designee is authorized to initiate legal proceedings in the Superior Court for the immediate correction of any violations, collection of any penalties, and the recovery of all costs, including costs of remedial action authorized by the court and a reasonable attorney's fee incurred by the Town to endorse this chapter of the ordinances.
The enactment of this ordinance shall not operate as an abatement of any action or proceeding previously taken, now pending, or taken prior to the effective date of this ordinance. All said actions and proceedings are hereby ratified to be continued.
All provisions of the Town Code in conflict herewith are hereby repealed and that if for any reason, any word, clause, paragraph, or section of this ordinance shall be held to make the same unconstitutional, this ordinance shall not hereby be invalidated and the remainder of the ordinance shall continue in effect. Any provision herein which is in conflict with the Connecticut General Statutes is hereby repealed, it being understood that said statute shall take precedence over this ordinance.
This ordinance shall become effective 10 days after publication in a newspaper having a substantial circulation in Windsor.