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.
[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)]
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."
[Amended 2-18-2025]
The purpose of this article is to set standards and regulations for the control of litter and illegal dumping in the Town of West Springfield. The prevention and control of litter and illegal dumping 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.
[Amended 2-18-2025]
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.
No person shall throw or deposit litter upon any street or any other public place within the Town or upon private premises while a driver or passenger in a vehicle. 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.
[Amended 2-18-2025]
This section may be enforced through noncriminal disposition pursuant to MGL c. 40 § 21D, or through the criminal process. A person violating any provision of subsections of this section shall be fined $300. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under provision set forth in this chapter. The party responsible shall incur all legal disposal costs for the cleaning and legal disposal of rubbish and refuse. The provisions of this section shall not be applicable to any dumping ground approved by the Director of Public Works.
This article may be enforced by the Police Department, Park and Recreation Department, Building Department and Health Department.