[HISTORY: Adopted by the Mayor and Council
of the Town of Snow Hill 11-10-2015 by Ord. No. 2015-11.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 53.
Unsafe buildings — See Ch. 60.
Housing standards — See Ch. 101.
Littering — See Ch. 109.
Penalties, fees, fines and other charges — See Ch. 131.
Abandoned vehicles — See Ch. 182.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch, 155, Solid Waste, adopted as follows: Art. I, Recycling,
adopted 6-9-1992 by Ord. No. 1992-5, as amended; Art. II, Trash and
Bulk Trash Collection, adopted 2-11-1997 by Ord. No. 1997-1; Art.
III, Removal of Refuse, adopted 2-11-1997 by Ord. No. 1997-2.
The following definitions shall apply:
Lumber, brick, stone, carpet, plumbing materials, plaster,
concrete, floor coverings, roofing material, gutters or other material
or substances accumulated as a result of construction, repairs or
additions to existing structures or accessory structures or demolition
of those.
Large items of refuse, including, but not limited to: appliances;
furniture; large auto parts; trees, branches and stumps; and construction
and remodeling waste, which cannot be handled by normal municipal
waste processing, collection or disposal methods.
The act of removing solid waste from a point of generation
to an approved disposal site. Collection shall be at the curb for
roll-out cart, yard waste, bulk and recyclable items.
A portable device in which solid waste is held for storage
or transportation.
A person, business or corporation which provides goods or
services to another person/entity under terms specified in a contract.
Residential units and light commercial entities located within
the Town limits.
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air or is discharged to the waters.
An amount established by the Mayor and Council for the collection
of solid waste.
Offensive odors emanating from, but not limited to, garbage.
Waste resulting from animal, grain, fruit or vegetable matter.
Any industrial by-product, especially from the manufacturing
of chemicals, that is destructive to the environment or dangerous
to the health of people or animals. Examples include, but are not
limited to: car batteries, solvents, pesticides, herbicides, paints,
waste oil, tires, propane tanks and appliances containing Freon.
A business entity within the Town limits that generates a
volume of solid waste that cannot be accommodated in fewer than four
roll-out carts.
Any waste accumulation of paper, sweepings, rags, bottles,
cans or other matter of any kind, which is usually attendant to housekeeping,
excluding recyclables and garbage.
Solid waste generated by industrial processes and manufacturing.
A business entity within the Town limits that generates a
volume of solid waste that can be adequately accommodated by no more
than four roll-out carts.
Residential housing consisting of more than six livable units.
Any property which is not a residential unit within the meaning
of "residential units" as defined in this Code. Such properties include,
but are not limited to: multifamily dwellings; commercial and industrial
properties; strip malls and/or "mini-mart" plazas; institutional establishments;
or any combination of the aforementioned uses. Such properties shall
also include vacant land.
Any person, including the owner or operator, living, working
or sleeping in a unit.
Any legally responsible person who, alone or jointly or severally
with others:
Shall have legal title to any regulated residential or commercial
properties, with or without accompanying actual possession thereof;
or
Shall have charge, care or control of any regulated residential
or commercial properties, as owner or agent of the owner or any executor,
administrator, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this chapter and of the rules and regulations
adopted pursuant thereto to the same extent as if he were the owner.
A medical condition verified by a registered physician that
makes an individual either physically unable to bring a roll-out cart
to the curbside for collection and/or that makes undertaking that
act clearly and seriously threatening to that person's health.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, cardboard, plastics and other materials which
would otherwise be disposed of or processed as municipal waste.
A container approved by the Town for the collection of recyclable
materials.
All materials which are discarded as useless. Such materials
may include, but are not limited to: shrub cuttings; grass clippings;
leaves; cardboard; paper; bottles; cans; clothing; and plastic containers,
which can be handled by normal municipal waste processing, collection
or disposal methods.
Single-family detached, single-family semidetached and single-family
attached residential housing units and apartments with three or fewer
units.
A ninety-six-gallon container having wheels and a hinged
lid, issued by the Town, owned by the Town, for the disposal of refuse,
as defined.
Garbage, refuse and other discarded materials, including,
but not limited to: solid, semisolid, liquid and contained gaseous
materials resulting from municipal, industrial, commercial, agricultural
and residential activities.
The containment of waste on a temporary basis which does
not constitute disposal of the waste.
The Town of Snow Hill, Maryland.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed.
Grass, weeds, leaves, tree trimmings, plants, shrubbery pruning
and other similar materials which are generated in the maintenance
of yards and gardens, and which are separated from other solid waste
materials and placed in a designated collection area. Yard waste shall
not include trees, tree limbs, brush and other material resulting
from commercial tree trimmers and/or lawn care services.
A.
The purpose of this chapter is to establish regulations for the disposal
of solid waste in the Town of Snow Hill and to comply with mandatory
recycling legislation and implemented regulations enacted by the Mayor
and Town Council.
B.
To the extent permitted by law, this chapter is intended to serve
as a municipal waste flow control ordinance and may be amended from
time to time as determined by the Mayor and Town Council.
This chapter shall be administered by the Town Manager or a
designee. The Mayor and Town Council may establish regulations regarding
the collection or disposal of solid waste, including recyclables.
Upon approval by ordinance of the Mayor and Town Council, any such
regulation shall have the force and effect of law. These regulations
may include, among other subjects, the days and hours and routes for
collection of solid waste, including recyclables; the specifications
for recyclables bins, and the times and manner in which they shall
be set out for pickup of the contents thereof by the collectors and
removal of such containers after they have been emptied; preventing
the mixture of certain types of solid waste in any one container;
limiting the amount of solid waste or the number of containers that
may be set out for any one premises at any one time; the imposition
of reasonable fees to cover the costs of the administration of the
chapter, including the cost of licensing and inspection; and such
other matters as may be deemed appropriate. Copies of any such regulations
shall be maintained in the office of the Town Manager at Town Hall
and are available for inspection during regular hours of business.
A.
The Town of Snow Hill has established a policy that regulates the
collection of all solid waste. If solid waste is not prepared according
to the provisions of this chapter, collection will not occur until
the next scheduled collection day when the condition is remedied and
is in compliance with this chapter.
(1)
Commercial/industrial waste and construction/demolition waste. This
waste shall be collected by private contract of the owner in such
manner and frequency as needed to protect the public safety and welfare
of the Town of Snow Hill, but not less than weekly.
(2)
Garbage. Garbage shall be collected by the Town from all customers
on a weekly basis, provided such waste is properly handled, prepared,
contained, stored and located in conformance with this chapter. Normal
garbage collection must be placed in one or more roll-out carts.
(3)
Bulk pickup items. Furniture and other items shall be collected curbside only after special arrangements have been made by the customer with Town Hall, as referenced in § 155-10 of this chapter.
(4)
Lead-acid batteries. There shall be no collection and/or disposal
of lead-acid batteries by the Town of Snow Hill.
(5)
Recyclable waste. Recyclable waste shall be collected on a weekly basis, as referenced in § 155-9 of this chapter.
(6)
Yard waste. Yard waste collection shall be from all applicable customer units. Collection of yard waste is referenced in § 155-11 of this chapter.
(7)
Hazardous waste. No hazardous waste will be collected by the Town
of Snow Hill.
B.
Owners and occupants of any premises who participate in the Town's solid waste collection services shall separate recyclables from their other solid waste and shall place such recyclables in an approved container, per § 155-9 of this chapter.
C.
All customer units shall be issued a roll-out cart and required to
deposit all garbage and refuse in the carts. No garbage or refuse
shall be collected that is outside of the provided cart.
D.
The Public Works Director shall establish routes and schedules and
alter the routes and schedules from time to time.
E.
The Mayor and Town Council may establish and revise from time to
time a policy relating to the number of times per week that the Town
will collect solid waste from various classifications of premises,
as well as the maximum number of waste receptacles that the Town will
service on any one premises.
F.
Customers should not put any solid waste out for collection before
a storm that is predicting high winds, such as a hurricane, or a snowstorm
where more than a few inches of snow is predicated.
Christmas trees shall be picked up as scheduled by the Director
of Public Works.
Owners or designated agents of multiple-family dwellings or
heavy commercial entities. The owners or designated agents of these
dwellings/businesses must arrange with a contractor for the collection
of all solid waste and recyclables.
A.
All residential and light commercial properties, as defined in this chapter, are required to use the roll-out carts provided by the Town. The Town will provide one roll-out cart to each customer in Town. Property owners who wish to have more than one roll-out cart may request an additional cart by contacting Town Hall. The cost of additional carts will be established by ordinance and may be found in Chapter 131, Penalties, Fees, Fines and Other Charges. Roll-out carts shall remain the property of the Town.
B.
Property owners may use additional carts purchased from retail stores
if they are compatible with the Town's garbage truck equipment.
There will be no charge for collection from these carts.
C.
Carts are the property of the Town of Snow Hill and must be left
at the residence upon moving out.
D.
Each roll-out cart shall have "TOWN OF SNOW HILL" on the cart.
E.
Markings and/or identification devices on the roll-out carts shall
be placed by the Town. Customers may place the address of the property
inside the roll-out cart lid only. Any other marking/identification
is expressly prohibited and shall be regarded as damage to the roll-out
cart.
F.
It shall be the responsibility of the property owner to provide a
sufficient number of roll-out carts for storage of solid waste to
prevent overflow between times of collection. It shall be unlawful
for the owner of such private properties to fail to provide such containers.
G.
The property owner shall be responsible for any damages to the roll-out
cart; however, the occupant may be held liable for failure to store
the roll-out cart, as provided in this chapter. Carts that are stolen,
damaged or destroyed through abuse, neglect or improper use shall
be replaced by the Town at the expense of the property owner. Roll-out
carts that are destroyed or damaged in the course of normal or reasonable
use or through no abuse, neglect or improper use shall be repaired
and/or replaced at no charge to the property owner.
A.
Refuse may be stored in an appropriate and convenient fashion, pending
collection by the Town, in roll-out carts provided by the Town or
purchased at retail stores that are compatible with the Town's
garbage truck equipment.
B.
Roll-out carts and refuse may not be stored at the curb between scheduled
collection times.
C.
Roll-out carts shall be placed within three feet of the curbing,
or the edge of the street having no curbing.
D.
Roll-out carts may be placed at the curb the night prior to collection
but not before 5:00 p.m. and no later than 6:00 a.m. on the day of
collection. All roll-out carts shall be removed promptly after collection
but no later than 10:00 p.m. on the day of collection.
E.
A waiver of this requirement may be obtained from the Town Manager
or his/her designee upon proof of physical disability which prevents
all persons at the residence from placing the issued container curbside.
A.
The Town of Snow Hill has established a policy that mandates the
collection of all recycling material. If recycling is not prepared
according to the provisions of this chapter, collection will not occur
until the next scheduled collection day once the condition is remedied
and is in compliance with this chapter.
B.
The following items should be placed in a Town-approved container
for collection and shall be separated by the following:
(1)
Paper: This includes newspaper, magazines, home office paper, corrugated
cardboard boxes (flattened), fiberboard, books, envelopes, and brown
grocery bags.
(2)
Glass: This includes food and beverage containers rinsed clean. This
does not include light bulbs, mirrors, ceramics, auto glass, tempered
glass or any glass not in a container.
(3)
Aluminum: This includes clean food and beverage cans. This does not
include scrap metal, paint cans, aerosol cans, automotive product
cans, aluminum foil or disposable aluminum plates or pie tins.
(4)
Plastic: This includes narrow-necked bottles marked #1 or #2 on the
bottom, plastic bags, and plastic toy coverings.
C.
The Town shall not collect refuse or garbage which contains recyclable
material.
D.
Recyclables shall be collected by the Town from all customers on
a weekly basis, provided such material is properly handled, prepared,
contained, stored and located in conformance with this chapter. Normal
recyclable collection must be placed in Town-approved containers.
E.
Recyclable containers may be placed at the curb the night prior to
collection but not before 5:00 p.m. and no later than 6:00 a.m. on
the day of collection. All containers shall be removed promptly after
collection but no later than 10:00 p.m. on the day of collection.
A.
Housing demolition or renovation debris will not be considered bulk
trash and will be the responsibility of the property owner to remove.
B.
Customers presenting items for bulk trash collection must first purchase a permit at Town Hall before pickup. The cost of such permit shall be established in Chapter 131, Penalties, Fees, Fines and Other Charges.
C.
Failure to obtain said permit shall be subject to the provisions as set forth in § 155-15 of this chapter.
D.
Bulk trash must be placed curbside. Items placed for collection shall
not be placed curbside prior to the day before pickup.
A.
Leaves placed for collection must be bagged. Loaded bags shall not
weigh more than 50 pounds. There shall be a limit of 20 bags per collection.
B.
All yard waste must be placed in a roll-out cart for collection.
This includes but is not limited to weeds, sticks, vines and grass
clippings.
C.
Branches one to six inches in diameter and no more than six feet
in length can be chipped. Stack branches at the curb with ends facing
in same direction. No tangled piles of branches will be picked up.
D.
The branches can be in a pile no larger than five feet long in width
and three feet in height. Branches should be able to be chipped in
15 minutes or less.
E.
No stumps or shrubs will be collected.
F.
No bamboo will be collected.
G.
All yard waste shall be placed curbside for collection and shall
not be placed curbside prior to the day before pickup.
Bulk trash generated by rental and residential move-outs, estate
settlements and evictions will not be collected by the Town. Property
owners, property managers and estate property managerial firms must:
A.
Secure a container/dumpster of sufficient size and accessibility
from a private waste hauling company to contain the trash generated
by rental and residential move-outs, estate settlements and evictions.
B.
Have the containers/dumpsters removed by the private waste hauling
company when they reach capacity, when cleaning is complete or within
10 days, whichever occurs first. Should additional time be required,
property owners, property managers and estate property managerial
firms must contact Town Hall for approval.
C.
Containers/dumpsters being placed on a Town street must have prior
approval from the Town Manager.
The Town will not provide pickup service of waste material which
is the result of work done by a private contractor even though a building
or demolition permit was issued to the owner of said premises. Whenever
a private contractor performs work on private premises from which
waste material results, the owner or contractor shall be responsible
for its disposal. This includes but is not limited to general contractors
and landscaping contractors.
A.
The Mayor and Council shall adopt a service fee for the collection
of residential solid waste.
B.
All fees, including bulk trash collection fees, are established and defined in Chapter 131, Penalties, Fees, Fines and Other Charges.
C.
There will be a fee for each roll-out cart issued to a customer.
D.
Fees will be billed quarterly on the utility bill. Unpaid fees shall
be collected in the same manner as delinquent property taxes.
E.
Revenue generated from collection fees shall be used for the collection
of solid waste. This would include such items as roll-out carts, maintenance
of roll-out carts, tipping fees and equipment.
The Town Manager or his/her designee is hereby authorized to
notify the owner of the property, as determined by the official tax
rolls of the Town of Snow Hill, to remove or properly dispose of the
refuse from the subject property.
Upon the failure, neglect or refusal of any owner so notified
to remove or properly dispose of such refuse within 10 days after
service of notice, as provided for in this chapter, the Town Manager
or his/her designee is hereby authorized and empowered to cause such
condition to be corrected by removing and disposing of such refuse
and is hereby authorized and empowered to pay for the disposing of
such refuse or to order its disposal by the Town of Snow Hill.
A.
When the Town of Snow Hill has effected the removal of such refuse
by its own employees, or has paid for the removal of such refuse by
its agents or contractors, the actual costs thereof and any related
expenses along with an administration fee of $50 shall be charged
to the owner of such property; and, if not paid within 30 days, such
charges will be collectible in the same manner as real estate taxes
are collected.
B.
When the Town of Snow has, for the second time and any additional
times at such property, effected the removal of such refuse by its
own employees or has paid for the removal of such refuse by its agents
or contractors, the actual costs thereof and any related expenses
along with an administrative fee of $250 shall be charged to the owner
of such property; and, if not paid within 30 days, such charges will
be collectible in the same manner as real estate taxes are collected.
Any notice required by this chapter to be served shall be deemed
to have been served by any of the following methods:
A.
When forwarded to the last-known address of the owner as recorded
in the real estate assessment records of the Town of Snow Hill, by
registered or certified mail with return receipt, and such receipt
shall constitute prima facia evidence of service upon such owner if
such receipt is signed either by the owner or by a person of suitable
age and discretion located at such address, provided that valid service
upon the owner shall be deemed effected if such notice shall be refused
by the owner and not delivered for that reason;
B.
When delivered to the person to be notified;
C.
When left at the usual residence or place of business of the person
to be notified with a person of suitable age and discretion then resident
or employed therein; or
D.
When posted on the property (only if occupied).
Where the full amount due the Town is not paid by such owner
within 30 days after the disposal of such refuse, then the Town Manager
shall cause to be recorded in the Finance Department for the Town
a sworn statement showing the cost and expense incurred for the work,
the administrative fees, the date the work was done and the location
of the property on which such work was done.
Within 10 days from the service of notice as provided for in
this chapter, the owner or his agent may file an appeal with the Town
Council stating in detail the reasons as to why the action proposed
by the Town Manager or his/her designee should not be taken. Upon
receipt of such appeal, the Town Council shall put the case on its
agenda at its earliest convenience, notify the protestant thereof
and hear the merits of the appeal. The Town Council may reverse the
action of the Code Enforcement Officer for any error of fact or law
or upon a finding that the enforcement constitutes an undue hardship
upon the property owner which the property owner is physically or
financially unable to comply with. If the protestant is dissatisfied
with the decision of the Town Council, he shall have the right to
appeal to the Circuit Court of the county, provided that such appeal
shall be taken within 30 days after the protestant is notified (either
at the hearing or in writing) of the Town Council's decision.
