[HISTORY: Adopted by the Mayor and Town Council of the Town of Edmonston 2-10-1997 by Ord. No. 96-002 (Ch. 29 of the 1997 Code), Amendments noted where applicable.]
GENERAL REFERENCES
Housing and property maintenance — See Ch. 285.
Solid waste — See Ch. 394.
It shall be unlawful for any person or persons to throw or place or to allow the accumulation of trash or waste material or any offensive or dirty material on any real estate owned, leased, occupied or possessed by him/her, her or them or to throw or place any such material on the land of another within the Town of Edmonston.
[Amended 10-8-2001 by Ord. No. 01-007]
It shall be unlawful for any person, firm or corporation to place or deposit any tin cans, paper bags, rags, garbage, grass clippings, yard waste or trash on any street, road or sidewalk within the Town of Edmonston.
It shall be unlawful to cause or permit any earth, clay, dirt, sand, gravel, broken stone, mortar, hay, straw, manure, shavings, sawdust, coal, ashes, paper, rubbish or any loose material of any kind to be scattered, dropped, leaked, spilled or let fall from any cart, wagon, dray, truck or other vehicle in which the same may be carried upon any of the streets or roadways within the Town of Edmonston, and this prohibition shall apply to the owner, driver, operator, contractor, manager, agent, foreman, superintendent or person or persons in charge of any such cart, wagon, dray, truck or other vehicle from which any of the materials hereinbefore mentioned shall be scattered, dropped, leaked, spilled or let fall upon any street or roadway.
It shall be unlawful for any person to throw, cast, scatter, drop, deposit or leave in and upon the land of any other person within the Town of Edmonston any garbage, litter, paper, tin cans, dead animal, vegetable or animal matter, trash, rubbish, refuse, waste matter or any substance or matter injurious to the public health.
[Amended 10-9-2006 by Ord. No. 2006-OR-011]
It shall be unlawful for any vehicle operator to temporarily store vehicles of any type containing garbage, litter, paper, dead animals, vegetable or animal matters, and trash rubbish, refuse waste matter or any other substance or matter injurious to the public health or bearing obnoxious odors.
It shall be unlawful for any owner, tenant, occupant or person in charge of any lot or parcel of land within the Town of Edmonston to permit or suffer any other person to throw, case, scatter, drop, deposit, leave or keep upon said land or any part thereof any garbage, litter, paper, tin cans, tires, old automobiles or parts thereof or any material causing an unsightly appearance, dead animal, vegetable or animal matter, trash, rubbish, refuse, waste matter or any substance or matter injurious to the public health or to permit or suffer said land or any part thereof to be used by the public as a dumping place for the disposal of the substances hereinbefore enumerated without first having obtained permission so to do from the Mayor and Town Council.
[Amended 10-9-2006 by Ord. No. 2006-OR-011]
It shall be unlawful for any owner, tenant, occupant or person in charge of any lot or parcel of land within the Town of Edmonston to permit or suffer any other person to temporarily store any vehicle containing garbage, litter, paper, dead animals, vegetable or animal matter, trash, rubbish, refuse, waste matter or any substance or matter injurious to the public health or bearing obnoxious odors.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated.
COMMERCIAL PROPERTY
Any lot or parcel of land within the Town of Edmonston which is zoned for commercial or industrial use, as defined in Subtitle 27, Zoning, of the Prince George's County Code, or used for commercial or industrial purposes, as defined in Subtitle 27, Zoning, of the Prince George's County Code.
DUMPSTER
A commercially available metal container with a watertight, leakproof body and a tight-fitting lid for use outdoors.
REFUSE
Any and all garbage, litter, paper, tin cans, bottles, trash, rubbish, refuse, solid waste matter, offal waste, the entrails or waste products of any animal, fish or fowl, sludge, refuse animal or vegetable matter, scrap metal, glass, ashes, cinders, industrial and/or manufacturing waste of any type and any other material causing an unsightly appearance or which is injurious to the public health.
B. 
It shall be the duty of every person, partnership, corporation or other entity as owner, occupant, lessee or agent in charge of commercial or multifamily residential property within the Town of Edmonston to have, keep and maintain on said commercial or multifamily residential property an adequate number of dumpsters to properly store, collect and dispose of any and all refuse on the property.
[Amended 7-9-2001 by Ord. No. 01-004]
C. 
Every dumpster maintained pursuant to Subsection B of this section shall remain tightly closed at all times when garbage is not in the process of being placed therein. With respect to every dumpster maintained pursuant to Subsection B of this section, a person, partnership, corporation or other entity as owner, occupant, lessee or agent in charge of the property upon which such dumpster is located shall be responsible for either:
[Added 7-9-2001 by Ord. No. 01-004]
(1) 
Ensuring that the cover of the dumpster is locked between deposits of garbage; or
(2) 
Checking the dumpster at least once every six hours to ensure that the dumpster is tightly closed and maintaining a signed log demonstrating that the dumpster has been checked; or
(3) 
For taking other steps approved by the Town Council in writing and reasonably calculated to ensure that the condition of the dumpster does not violate this subsection.
D. 
With respect to every dumpster maintained pursuant to Subsection B of this section, it shall be the duty of every person, partnership, corporation or other entity as owner, occupant, lessee or agent in charge of the property upon which such dumpster is located and of every person or entity responsible for garbage collection from such dumpster by virtue of public or private contract to ensure that such dumpster is not placed, in whole or in part, on public property, including the public right-of-way.
[Added 7-9-2001 by Ord. No. 01-004]
The Town is hereby authorized to notify, in writing, the owner or the person responsible for the maintenance of property to remove or properly dispose of litter from the subject property within 10 days, inclusive of Sundays and holidays, after the date of such notice. Such notice shall advise the owner or responsible person that the Town shall take action, and the owner or responsible person shall bear the cost if he/she fails to remove or properly dispose of the litter.
A. 
Failure, neglect or refusal of any owner or responsible person so notified to properly dispose of litter within the time frame specified in § 324-9 after receipt of written notice shall constitute a violation, and a municipal infraction will be issued.
B. 
Upon failure to remove and properly dispose of the litter within the time specified, the litter shall be removed by the Town, and the cost thereof shall be charged to the person so failing unless good cause to the contrary is shown by filing objection, in writing, with the Town on or before the expiration date of such notice and the Town, in its sole discretion, accepts such cause.
C. 
If the litter is not removed and properly disposed of within the specified time and no written objections have been filed, then the Town is authorized to incur the necessary expense in removing the litter, and shall place a charge against the property of the person who fails to remove or dispose of such litter for such cost and proceed to collect the same by entering the same on the tax records as a tax upon such property or by suit for injunction or other relief if deemed necessary, or both.
D. 
It shall be unlawful for any property owner or his/her agent to permit goods and materials of an evicted tenant who has vacated such property to remain on the public right-of-way adjacent to such property for more than 24 hours following such evictions or such vacating of this property. In the event such goods or materials remains beyond 24 hours, the Town of Edmonston may employ a person to remove such items and the cost of such services shall be assessed against the owner of said property and collected as an action for debt.
[Added 7-14-2008 by Ord. No. 2008-OR-005]
[Amended 7-9-2001 by Ord. No. 01-004; 10-9-2006 by Ord. No. 2006-OR-011; 5-11-2009 by Ord. No. 2009-O-010]
Violations of this chapter are municipal infractions, punishable by a fine of $250 for each offense, except that violations of §§ 324-3, 324-4, 324-6 and 324-8 shall be punishable by a fine of $250 for each offense. For the purposes of this chapter, each day a violation goes uncorrected shall constitute a separate offense.