[HISTORY: Adopted by the City of Amesbury
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. 50 of the 1990 Bylaws; amended 11-13-2001]
Garbage placed for curbside collection by residences
and food-related commercial establishments shall be stored in weathertight
receptacles of metal or other durable rodentproof material. Additionally,
containers of rubbish placed out for collection by food-related commercial
establishments shall have a tight-fitting cover. Rubbish placed out
for collection by non-food-related commercial establishments shall
be contained or bundled in such a manner so as not to be easily spilled
over or blown about by wind.
[Amended 11-9-2021 by Bill No. 2021-143]
In the central business district, garbage and
rubbish shall be placed out for collection no earlier than 6:00 a.m.
on the day of collection. Garbage and rubbish placed by residences
for curbside collection in the central business district may be contained
in standard residential trash bags. In accordance with the provisions
of the State Sanitary Code at 105 CMR 410. 600: Storage of Garbage
and Rubbish (A), garbage or mixed garbage and rubbish shall be stored
in weathertight receptacles with tight-fitting covers. Said receptacles
and covers shall be of metal or other durable, rodent-proof material.
Rubbish shall be stored in receptacles of metal or durable, rodent-proof
material. Garbage and rubbish shall be put out for curbside collection
no earlier than 6:00 a.m. the morning of trash collection. In all
other areas of Amesbury serviced by City trash collection, garbage
and rubbish shall be placed out for collection no earlier than 7:00
p.m. on the evening prior to the day of collection. For the purpose
of this article, the central business district shall be defined in
accordance with Appendix C of the City of Amesbury Contract for the
Collection and Disposal of Municipal Solid Waste dated August 30,
1993.
Violations of this article shall be issued to
the property owner. Enforcement shall be the responsibility of the
Health Agent and/or any other individual or agency so designated for
this purpose. Fines for violations shall be as follows:
[Adopted 6-10-2014 by Bill No. 2014-067]
A.
Purpose and declaration of Policy. This article has been created
because of the great interest of the people of Amesbury in preserving
the environment by reducing the amount of refuse sent to landfills
and incinerators. It shall be the policy of the City to reduce the
amount of solid waste generated and to require the recycling of recyclable
materials to the fullest extent possible promulgated by the City of
Amesbury Bylaw Article 32, Curbside Recycling Program, accepted at
Town Meeting May 10, 1993, under Massachusetts General Laws Chapter
40, Section 8H, and Mass DEP under 310 CMR 19.017, Waste Disposal
Ban Regulation, and a program for the mandatory separation of recyclable
materials from refuse which shall apply to all buildings in the City
of Amesbury and will be carried out under the supervision of the Department
of Public Works.
B.
Establishment of program. There is an established program (May 1993)
for the mandatory separation of certain recyclable materials from
refuse which shall apply to all buildings in Amesbury and shall be
carried out under the supervision of the Director of the Amesbury
Department of Public Works (DPW).
C.
Mandatory separation of recyclable materials. It shall be mandatory
for each owner or occupant in Amesbury to separate all designated
recyclable materials from other refuse. These mandatory recycling
requirements shall apply to all buildings without regard to whether
the building's solid waste is collected by the City.
(1)
Buildings which receive City solid waste collection services. It
shall be mandatory for each owner or occupant of a building which
receives City solid waste collection services to separate from other
refuse all recyclable materials designated by the Director or his
or her designee in rules and regulations issued under this section.
(2)
Buildings which do not receive City solid waste collection services. It shall be mandatory for each owner or occupant of a building which does not receive City solid waste collection to separate all designated recyclable materials from other refuse in accordance with a recycling plan to be submitted to the Director or his or her designee, in accordance with Subsection E of this section.
D.
Collection of recyclable materials.
(1)
Definition of a receptacle or container. A receptacle or container
must be able to hold no less than 32 gallons and no more than 96 gallons
of recyclable material. Each container must have an attached lid.
(2)
Residential dwellings.
(a)
As long as funds are available, the City will provide one household
recycling receptacle to each dwelling unit in residential dwellings
with six or fewer units that are not primarily used to house students
and/or staff of nonprofit establishments. The City or hauling vendor
shall retain ownership of all its household recycling receptacles,
and the resident of each dwelling unit shall take proper care to protect
such receptacle from loss or damage. Receptacles that are lost or
stolen will be replaced by the City as long as the City's supplies
last. After City supplies are depleted, it shall be the responsibility
of the resident of each dwelling unit to obtain a suitable replacement
within 45 days. In such buildings, the materials designated for recycling
in rules and regulations promulgated by the Director shall be placed
in the household recycling receptacles.
(b)
All recycling containers and receptacles shall be placed for
collection on the outer edge of the sidewalk or driveway, so as not
to obstruct the free passage of pedestrians, or in such other place
and on days specified by the Director in rules and regulations to
be issued under this section.
(c)
Recyclables shall not be placed in plastic (garbage) bags for
collection, removal or disposal. Recyclables shall not be placed in
the same refuse containers as rubbish or mixed with rubbish or litter
for collection, removal or disposal. If separation of recyclable materials
from rubbish does not take place, the City or hauler may put a sticker
on the noncompliant container, or the City may decide to send out
a warning letter for the first offence or not to collect said rubbish.
(d)
Upon placement of recyclables for the City or its contractor at the curbside, pursuant to this subsection, such recyclables shall become the property of the City. It shall be a violation of this section if any person (scavenger), other than authorized agents of the City acting in the course of their employment or contract, collects or causes to be collected any recyclables so placed. Each and every such collection in violation of this subsection from one or more locations shall constitute a separate and distinct violation. In addition to the penalty provided in Chapter 360, Article I, § 360-3, of this chapter, any violator of this subsection shall make restitution to the City for the value of recyclables illegally removed.
(3)
Commercial and nonprofit establishments. In commercial and nonprofit establishments, the materials designated for recycling in rules and regulations promulgated by the Director shall be placed in recycling receptacles provided by the owner or owners of such buildings. Owners of commercial establishments in the Central Business District (CBD) shall receive a City-owned recycling container for their use while in the CBD, which will be collected under the City's municipal collection contractor. The owner or owners of such other buildings shall be responsible for the costs of recyclables separation and collection. The owner or owners of such buildings shall submit recycling plans to the Director in accordance with Subsection E of this section.
(4)
The Director or his or her designee shall have the authority to require
documentation from the City's recyclables collection contractors,
and from any owner, lessee or tenant of a building which does not
receive City recyclables collection services, that recyclables are
being delivered to a broker or end market that causes the material
to be recycled or composted rather than landfilled or incinerated.
E.
Recycling plans.
(1)
All property owners of property whose recycling is not collected
by the City are required to submit recycling plans every year to the
Director or his or her designee upon request.
(2)
Contents of plan. Each recycling plan will cover the following items:
(a)
Which recyclables will be put out for collection;
(b)
Frequency of collection;
(c)
Collection company's name, address, phone and fax number and
owner's name;
(d)
Methods to be used for collection, including types of containers;
(e)
Any other items which may be specified in rules and regulations
promulgated by the Director under this section.
F.
Recyclable materials. The recyclable materials to be separated shall
be designated by the Director in rules and regulations to be issued
under this section. If the Director designates a material as recyclable,
such designation shall govern the treatment of such material notwithstanding
the provisions of any ordinance to the contrary.
G.
Receptacles — sidewalk placement time restrictions. Whoever
receives municipal removal of recycling from private property shall
cause the recycling to be placed in a recycling receptacle and to
be set in an easily accessible place upon the sidewalk or driveway.
The recycling receptacles shall be placed on the sidewalk no earlier
than 5:00 p.m. of the day immediately prior to the day of collection,
provided it has an attached lid and can close tightly, as designated
by the Director of Public Works for collection for the area where
the premises are located, and shall be removed from the sidewalk no
later than 7:00 p.m. on the day of collection. The recycling receptacles
shall not be placed upon the sidewalks in a manner to inconvenience
the use of the sidewalks by pedestrians.
H.
Receptacles — screening from public view. The residents of
the City of Amesbury desire a clean and healthy environment, free
of debris, waste and garbage on their streets and property. Every
owner or occupant of private property should maintain recycling receptacles
outdoors on such private property, provided the receptacles are screened
from the view of public streets and sidewalks.
A.
Methods of storage, collection and disposal. The Director of Public
Works or his or her designee shall have the right to specify the times
and methods of storage, collection and disposal of recycling by any
private collector.
B.
Commercial or nonprofit establishments or multifamily dwellings —
frequency; recycling receptacle/dumpster specifications.
(1)
All recycling awaiting private collection shall be in recycling receptacles which shall contain only recycling generated by owners or occupants of the private property where they are located and shall be enclosed, rodent-resistant, nonflammable and waterproof, and shall be so constructed as to prevent the escape of litter onto public or private property; provided, however, that dumpsters shall comply with the provisions of Subsection B below. All such recycling receptacles shall be kept on private property at all times and not on public streets or sidewalks. All such recycling receptacles in residentially zoned areas or within 20 feet of such an area shall be screened from view by being completely enclosed by a fence at least six feet in height.
(2)
All recycling dumpsters shall be in new or good condition, free of
damage caused by wear or misuse that would allow leaks or access by
rodents. All dumpsters shall be covered and secured at all times except
when being filled or emptied. Temporary private dumpsters shall be
covered when not in use (including overnight) at a minimum with a
tight-fitting tarp. All dumpsters shall be deodorized and washed on
a regular schedule. The Health Agent, or designee, may require more-frequent
cleaning, if necessary. If rodent activity or other site hygiene issues
are prevalent, the Regional Director of the Board of Health or the
Director of Public Works may require additional design/containment
requirements utilizing best available technology.
A.
Violations of this article shall be issued to the property owner.
Enforcement shall be the responsibility of the Director of Public
Works, the Health Agent and/or any other individual or agency so designated
as enforcement agent(s) for this purpose.
C.
The penalty section becomes effective on January 1, 2015.
