[Adopted 5-7-2007 by Ord.
No. 138 (Ch. 9, § 9-400, of the Codified
Ordinances)]
This article is enacted in order to ensure that waste materials
are disposed in an environmentally responsible manner and to assist
in compliance with state-established waste bans; and to assist in
the reduction of municipal waste disposal costs; and to ensure that
all occupied structures in the community are subject to the duty and
obligation to recycle.
All property owners or occupants (hereinafter "owners") shall
dispose of waste and recyclables in an acceptable manner.
Every owner shall separate trash and recyclables for collection
and delivery to the appropriate recycling facility.
The Department of Public Works may make such rules and regulations,
subject to the approval of the Mayor, as it deems necessary to properly
administer and enforce the recycling program.
Penalties for violation of said rules and regulations shall be recoverable by means of the municipal charges lien in Chapter
141, Article
I, of the Town Code. No penalty shall be imposed for the first three months following the adoption of the regulations with respect to violations of the recycling requirement.
[Adopted as Ch. 9, § 9-800, of the Codified Ordinances]
This article shall be known as the "Littering Ordinance."
The purpose of this article is to set standards and regulations
for the control of litter in the Town of West Springfield. The prevention
and control of litter will have a positive and lasting effect upon
the Town's environment and appearance. The goal of this article is
the general upkeep of the community for the health, safety, and welfare
of its citizens. Transporting loose materials, illegal dumping, unlawful
disposal, and nuisances shall not be allowed on any public or private
property within the boundaries of the municipality by any person or
persons.
This article shall apply to and be enforced within the corporate
limits of the city known as the Town of West Springfield.
For the purposes of this article the following definitions shall
apply:
LITTER
All waste materials that are not secured in a receptacle,
including, but not limited to, cigarettes and cigarette filters, trash,
garbage, refuse, disposable packages or containers, construction and
demolition materials, tires, batteries, appliances, furniture, liquid
or granular substances, hazardous materials, machinery, abandoned
vehicles, and abandoned mobile homes. Unsolicited newspapers and/or
advertisements shall be considered litter for purposes of this article
if a person upon whose property an unsolicited newspaper and/or advertisement
is placed has notified the publisher and/or distributor of said newspaper
or advertisement in writing of the owner's desire not to receive said
newspaper or advertisement.
LITTER RECEPTACLE
Those containers which are suitable and safe for the disposing
of litter.
OWNER
Includes any person owning or having title, possession or
control over real property, including, but not limited to, landholders,
landlords, tenants, proprietors, and business operators.
PERSON
An individual, partnership, company, contractor, subcontractor,
developer, cooperative, corporation, firm, landlord, tenant, proprietor,
owner, political subdivision, subdevelopment, state or county agency,
trust, estate, joint venture or any other legal entity or its legal
representative, agent or assigns.
Any person found in violation of any provision of this article shall pay a penalty in accordance with Chapter
1, Article
II, §
1-4, of the Town Code and MGL c. 270, § 16.
This article may be enforced by the Police Department, Park
and Recreation Department, Building Department and Health Department.