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Town of Somerset, MD
Montgomery County
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[HISTORY: Adopted by the Town Council of the Town of Somerset as indicated. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 112.
Parks and recreation — See Ch. 149.
Property maintenance — See Ch. 155.
Streets and sidewalks — See Ch. 170.
Town property — See Ch. 182.
As used in this article, the following terms shall have the meanings indicated:
LITTER
All rubbish, waste matter, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description.
PUBLIC OR PRIVATE PROPERTY
A. 
The right-of-way of a road or highway;
B. 
A park;
C. 
A playground or recreational area;
D. 
Public service company property or a transmission line right-of-way;
E. 
A building;
F. 
A refuge or conservation or recreation area;
G. 
Residential property; or
H. 
Timberlands or a forest.
[Ord. No. 2-89, eff. 4-24-1989; amended by Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 4, § 4-301, of the 1989 Code)]
A person may not dispose of litter on a highway or perform an act that violates the state vehicle laws regarding disposal of litter, glass and other prohibited substances on highways; or dispose of or cause or allow the disposal of litter on public or private property unless:
A. 
The property is designated by the state, a unit of the state, or the Town for the disposal of litter and the person is authorized by the proper public authority to use the property; or
B. 
The litter is placed into a litter receptacle or container installed on the property.
[Ord. No. 2-89, eff. 4-24-1989; amended by Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 4, § 4-301, of the 1989 Code)]
If two or more individuals are occupying a motor vehicle or other conveyance from which litter is disposed in violation of this article, and it cannot be determined which occupant is the violator:
A. 
If present, the owner of the conveyance is presumed to be responsible for the violation; or
B. 
If the owner of the conveyance is not present, the operator is presumed to be responsible for the violation.
[Ord. No. 2-89, eff. 4-24-1989; amended by Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 4, § 4-301, of the 1989 Code)]
The Town, through its contractors, shall provide curbside collection of refuse to its residents on such terms and conditions as the Town Council deems appropriate.
[Ord. No. 1-89, eff. 3-27-1989; amended by Ord. No. 8-90, eff. 10-21-1990; Ord. No. 11-91, eff. 1-26-1992; Ord. No. 2-92, eff. 3-23-1992; Ord. No. 3-92, eff. 5-25-1992; Ord. No. 12-92, eff. 11-23-1992; Ord. No. 2-96, eff. 3-13-1996; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 4, § 4-401 - § 4-408, of the 1989 Code)]
No person shall discard any refuse on any public right-of-way.
[Ord. No. 1-89, eff. 3-27-1989; amended by Ord. No. 8-90, eff. 10-21-1990; Ord. No. 11-91, eff. 1-26-1992; Ord. No. 2-92, eff. 3-23-1992; Ord. No. 3-92, eff. 5-25-1992; Ord. No. 12-92, eff. 11-23-1992; Ord. No. 2-96, eff. 3-13-1996; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 4, § 4-401 - § 4-408, of the 1989 Code)]
A. 
No owner or occupant shall allow any refuse to accumulate on his or her property, with the following exceptions:
(1) 
Refuse stored in accordance with this article and awaiting collection.
(2) 
Accumulation of matter intended for garden compost is permitted in side and back yards, provided it does not exceed the reasonable requirements of a home garden and does not attract vermin or produce offensive odors.
(3) 
Accumulation of firewood is permitted, provided that the wood is cut into fireplace-size lengths and stacked so as not to be hazardous or attract vermin.
B. 
No person shall accumulate refuse in a manner that would permit it to be carried or deposited by the elements or animals upon any street, sidewalk or other public place, or upon any other private property, or in a manner that produces offensive odors or which attracts vermin.
[Ord. No. 1-89, eff. 3-27-1989; amended by Ord. No. 8-90, eff. 10-21-1990; Ord. No. 11-91, eff. 1-26-1992; Ord. No. 2-92, eff. 3-23-1992; Ord. No. 3-92, eff. 5-25-1992; Ord. No. 12-92, eff. 11-23-1992; Ord. No. 2-96, eff. 3-13-1996; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 4, § 4-401 - § 4-408, of the 1989 Code)]