[HISTORY: Adopted by the Town Council of the Town of West
Springfield as indicated in article histories. Amendments noted where
applicable.]
[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:
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.
Those containers which are suitable and safe for the disposing
of litter.
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.
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.
A.
No person shall dump, throw, drop, deposit, discard, place or in
any way dispose of litter, hazardous material or other liquid, granular
or solid waste upon any public or private property in the municipality
or in the waters of the municipality, whether from a vehicle or otherwise,
including, but not limited to, any road, path, park, beach, campground,
forest land, recreational area, trailer park, road, street or alley,
except:
(1)
When such property is designated by the Town of West Springfield
and/or the Commonwealth of Massachusetts for the disposal of litter
and other solid waste and such person is authorized to use such property
for that purpose; or
(2)
When placing material into an approved litter receptacle in such
a manner that the litter will be prevented from being carried away,
scattered or deposited by the elements upon any part of such private
or public property or waters.
B.
The responsibility for the removal of litter from property shall
be upon the person responsible for littering the property. However,
if the person responsible for littering the property is unknown or
has not been charged with littering, then the owner of the property
shall be responsible for the removal of litter from such property;
and in such cases, the Town may consider the financial or physical
ability of the property owner to remove said litter, but the burden
is on the property owner to prove same.
C.
Where litter has traveled through forces of nature onto property
of another, the owner of the property of origin of the litter is responsible
for the removal of litter from the property wherever the forces of
nature carry or spread the litter.
D.
The driver of any vehicle shall be held in violation of this article
in the event it cannot be determined which occupant of the vehicle
committed any of the above prohibited acts.
E.
It shall be unlawful for any person, firm, corporation, institution,
organization, contractor or subcontractor to transport any loose materials
by truck, trailer or other motor vehicles within the corporate limits
of the Town unless said material is covered or secured in such a manner
as to prevent litter, leakage or spillage on public and private property.
Lack of adequate covering or securing of material while the loaded
truck, trailer or other motor vehicle is in motion shall constitute
a violation of this article.
This article may be enforced by the Police Department, Park
and Recreation Department, Building Department and Health Department.
