[HISTORY: Adopted by the City Council of
the City of Haverhill as Secs. 23-7, 23-12, 23-13, 32-44, 32-45, 32-46,
32-47 and 22-76 of the 1963 City Code (Ch. 173 of the 1980 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Street obstructions — See Ch. 222, Art VIII.
No person shall throw, drop, scatter or let
fall or cause to be thrown, dropped, scattered or let fall on or in
any street or way any bottle, glass, rubbish, sharp or pointed substance
of metal, porcelain or earthenware or anything dangerous or destructive
in any way to such streets or ways or to persons or vehicles traveling
or passing thereon.
No person shall cast, throw, drop, place or
deposit on any sidewalk, street, way or public place in the City the
peel, skin or any part or portion of any fruit or vegetable or any
other substance which when stepped on by any person might cause him
to slip or fall.
The proprietor of every store or other place
where fruit, vegetables or such other substances mentioned in the
preceding section are sold or kept for sale shall keep suspended therein,
or posted thereon in some conspicuous place, a copy of this section
and of the preceding section, printed in large type, so that all persons
purchasing any fruit or other substance mentioned in such sections
may be made aware of the provisions thereof.
[Amended 7-10-2007 by Doc. 76]
The Superintendent of Highways shall have charge
of the care and clearing of streets and ways within the City. The
Board of Health, unless provided for by contract, shall have charge
of the removal therefrom and disposal of all refuse, and of the collection,
removal and disposal of all house dirt, ashes, waste and rubbish,
except swill and offal, from estates, making therefor such rules and
regulations as it may deem proper and necessary.
A.
No person shall place or permit to remain on any street,
sidewalk or other public place any box, can, crate, cask, barrel,
board, sign or any other thing, except boxes, cans, barrels or other
approved receptacles containing house dirt, paper, rubbish or ashes
to be removed in accordance with the rules and regulations of the
Board of Health, or containing swill or offal to be removed in accordance
with the rules and regulations of the Board of Health, and then only
on such day or days of the week as may be appointed for the regular
collection by the Board of Health of such house dirt, paper, rubbish
or ashes, or such swill or offal, on or in the several streets or
sections of the City.
B.
All house dirt, paper or other loose material or rubbish,
ashes, swill or offal deposited in barrels, boxes, cans or other receptacles
and placed in or near streets, sidewalks or other public places for
collection or removal as hereinbefore provided shall be so packed
and placed as to prevent any such house dirt, paper or other loose
material or rubbish, ashes, swill or offal from being blown or otherwise
deposited upon the streets, sidewalks or other public places or upon
the property of others, and all such barrels, boxes, cans or other
receptacles shall be promptly removed from the streets, sidewalks
or other public places after the collection or removal of their contents
has been accomplished.
C.
Papers of every description shall not be mingled with
other materials and shall be offered for collection in separate containers.
No person shall throw, place, deposit or cause
to be thrown, placed or deposited in or on any street, sidewalk or
other public place in the City or in or on any yard, vacant lot or
building or part of a building in such manner that it may be blown,
carried or otherwise deposited in or on any street, sidewalk or other
public place or into or upon the property of others any paper, house
dirt, ashes, filth or any kind of refuse or rubbish; nor scatter or
distribute or cause to be distributed in any such manner as may result
in scattering, any handbills, circulars, pamphlets, advertisements
or any other papers.
[Amended 7-10-2007 by Doc. 76]
No person shall without the written permission
and under the direction of the Superintendent of Highways, except
as otherwise provided in this Code, sprinkle, put or place any earth,
dirt, gravel, sand, cinders, ashes, sawdust, salt or mixture of salt
or any other substance in or on any street, sidewalk or other public
place, or upon the tracks or rails within any street, or wash such
tracks or rails or cause them to be washed with brine or pickle.
No vehicle shall be driven or moved on any street
or highway nor shall any owner of any vehicle knowingly permit such
vehicle to be driven or moved on any street or highway unless such
vehicle is so constructed or so loaded as to prevent its contents
from spilling, dropping, sifting, leaking or otherwise escaping therefrom.
Vehicles loaded with any material which may be blown about by wind
shall be suitably covered to prevent the contents from being blown
upon the streets or highways.
[Added 4-22-2008 by Doc. 56 ]
A.
The tenant or occupant, and, in case there shall be
no tenant or occupant, the owner, agent or person having the care
or custody of any building or lot abutting on any street, lane, court,
square or way within the Commercial Central (CC) zoning districts
of the City where there is any footway or sidewalk duly established,
shall not permit any trash, garbage or refuse to be maintained on
the footway or sidewalk area at any time. Footway and sidewalk areas
shall at all times be maintained in a clean and orderly condition.
B.
No person shall throw or place, or cause to be thrown
or placed, in a street or way any trash, garbage or refuse that has
accumulated on any footway or sidewalk.
C.
Whenever any sidewalk or footway is maintained contrary
to the provisions of this section, it shall be the duty of the Board
of Health to notify or cause to be notified the person responsible
therefor, and if the provisions of this section are not complied with
within 24 hours from the time of service of the above notice, the
person shall be punished by a fine of not more than $50 for each offense
and a like fine for each day's continuance of such violation.
[Added 8-7-2018 by Doc.
92]
A.
CHECKOUT BAG
(1)
(2)
(3)
(4)
RECYCLABLE BAG
REUSABLE BAG
RETAIL ESTABLISHMENT
Definitions.
A carryout bag provided by a store to a customer at the point
of sale. Checkout bags shall not include:
Bags, whether plastic or not, in which loose produce or products
are placed by a consumer to deliver such items to the point of the
sale or checkout area of a retail establishment; or
Laundry or dry-cleaner bags; or
Newspaper bags; or
Bags used to contain or wrap frozen foods, meat or fish, whether
prepackaged or not, to prevent or contain moisture.
A paper bag that is:
A bag with handles that is specifically designed and manufactured
for multiple reuse and is either polyester, polypropylene, cotton
or other durable material, or durable plastic that is at least 4.0
mils in thickness.
Any person, corporation, partnership, business venture, or
vendor that sells or provides merchandise, goods or materials directly
to a customer, whether for or not for profit, including but not limited
to restaurants, pharmacies, convenience and grocery stores, liquor
stores, seasonal and temporary businesses, jewelry stores, and household
goods stores; however, the term "retail establishment," as used herein,
does not include bazaars or festivals operated by nonprofit organizations
or religious institutions, outdoor farmer's markets, or any establishments
with an interior finished floor area under 3,000 square feet.
B.
Requirements.
(1)
If any retail establishment provides a checkout bag to customers,
the bag shall comply with the requirements of being a recyclable bag
or a reusable bag.
(4)
Within 60 days of the effective date of this section, the City shall make available to each senior citizen resident, as defined by Code § 206-1, one reusable bag without cost.
(5)
The Department of Inspectional Services may promulgate rules and
regulations to implement this section.
C.
Enforcement.
(1)
Consistent with this section, the Department of Inspectional Services
shall promulgate regulations to enforce and otherwise implement the
provisions of this section 90 days from the date of final approval
of this section.
(2)
If the City determines that a violation of this section has occurred at or by a retail establishment, such retail establishment shall be penalized by a noncriminal disposition as provided in § 1-16 of the Code.
(3)
If it is determined that a violation has occurred, the City shall
issue a warning notice to the retail establishment for the initial
violation.
(4)
If an additional violation of this section has occurred within one
year after a warning notice has been issued for an initial violation,
the City shall issue a notice of violation and shall impose a penalty
against the retail establishment.
(6)
No more than one penalty shall be imposed upon a retail establishment
within a seven-calendar-day period.
(7)
A retail establishment shall have 15 calendar days after the date
that a notice of violation is issued to pay the penalty.
D.
Exemption.
(1)
The Department of Inspectional services may exempt a retail establishment from the requirements of this section for a period of six months from the effective date, per Subsection E below, upon a finding by the Director of Inspectional Services that the requirements of this chapter would cause undue hardship to a retail establishment. An "undue hardship" shall be found only in:
(a)
Circumstances or situations unique to the particular retail
establishment such that there are no reasonable alternatives to bags
that are not recyclable bags, or reusable bags; or
(b)
Circumstances or situations unique to the retail establishment
such that compliance with the requirements of this chapter would deprive
a person of a legally protected right; or
(c)
Circumstances where a retail establishment requires additional
time in order to draw down an existing inventory of single-use plastic
check out bags. Any retail establishment receiving an exemption shall
file with the Department monthly reports on inventory reduction and
remaining stocks.
(2)
Any retail establishment shall apply for an exemption to the Department
of Inspectional Services using forms provided by the Department, and
shall allow the Department access to all information supporting its
application.
(3)
The Director of Inspectional Services may approve the exemption request,
in whole or in part, with or without conditions.
(4)
The Department of Inspectional Services, by regulation, may establish
a fee for exemption requests.
E.
Effective date. All of the requirements set forth in this ordinance
shall take effect:
F.
Severability. It is the intention of the City Council that each separate
provision of this chapter shall be deemed independent of all other
provisions herein, and it is further the intention of the City Council
that if any provision of this chapter be declared to be invalid by
a court of competent jurisdiction, the remaining provisions of this
chapter shall remain valid and enforceable.
