[Ord. 3, passed 11-1-1946; Ord. 553, passed 4-27-1970]
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
"Garbage," "refuse" and "rubbish" as defined herein and all
other waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
That which is set up, maintained or continued so as to be
injurious to health or an obstruction to the use of property by interfering
with the repose, health, safety or life of any considerable number
of persons.
All putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, glass, bedding, crockery and similar materials.
Includes all streams and springs and all bodies of surface
or ground water, whether natural or artificial, within the boundaries
of the Town.
[Ord. 553, passed 4-27-1970]
No person shall throw or deposit litter on any occupied private
property within the Town, whether owned by such person or not, except
that the owner or person in control of private property may maintain
private receptacles for collection in such a manner that litter will
be prevented from being carried or deposited by the elements upon
any street, sidewalk or other public place or upon any private property.
[Ord. 1310, passed 10-25-2004; Ord. 1401, passed 10-24-2011]
(a)
The owner or person in control of any private property shall at all
times maintain the premises free of litter. However, this section
shall not prohibit the storage of litter in private receptacles for
collection.
Whenever "litter", meaning garbage, refuse and rubbish, and
all other waste material, is deposited at the curb or on the side
of the road for pick-up by the authorized garbage, refuse and rubbish
collector, it shall not be placed at the curb or side of the road
before 7:00 p.m. on the day prior to the pick-up. Any metal or plastic
garbage cans which are to be dumped by the collector and left at the
curb or side of the road for re-use by the owner shall be taken back
from the curb or edge of the road by the owner no later than 7:30
p.m. on the day of the pick-up. The purpose of these regulations is
to encourage residents of the Town to maintain their property in such
a manner that the Town will be both healthful and attractive. If litter
is allowed to accumulate on private property for a period of longer
than 14 days and upon written notice by the Town, the Town may pickup
the litter and invoice the owner of the property for the costs of
same.
(b)
All lawn areas shall be maintained free from plant growth in excess
of 10 inches, excluding cultivated: trees, shrubs, flowers, ornamental
grasses and gardens.
Failure to comply with this section shall constitute a violation
of this ordinance.
The owner or person having charge of the property shall be served
with a Notice of Violation. Such notice shall consist of a letter
describing the violation and be mailed by certified mail or be served
in person. In the event the owner or agent having charge of the property
cannot be located or refuses the service of the Notice of Violation,
the property shall be posted with the Notice of Violation for a period
of seven days. After notice is served in accordance with the above
and upon failure to comply with the Notice of Violation, any duly
authorized employee of the Town of McCandless or contractor hired
by the Town of McCandless shall be authorized to enter upon the property
to cut, destroy and remove the plant growth in violation thereof.
The cost of the cutting, destroying and removal of such plant growth
shall be paid by the owner or agent responsible for the property.
The owner or agent will be invoiced for the costs of such cutting,
destroying and removal of the weeds. In the event the owner or agent
cannot be located or refuses service of the invoice, the property
shall be posted with the invoice for a period of 14 days.
(c)
Failure to pay the invoice as described in (a) or (b) above within
30 days of notice or posting shall result in a citation being filed.
Upon receipt of a judgment in favor of the Town, the Town may proceed
with the filing of a lien in the amount of the judgment.
(d)
Except as provided for elsewhere in the Code, the parking or storage
of junked vehicles on residential property is prohibited. In particular,
the Town finds that the following conditions, each such condition
deeming a vehicle "junked" for purposes of this section, pose a threat
to the public health, safety and welfare:
(1)
Broken windshields, mirrors or other glass with sharp edges;
(2)
One or more flat or open tires or tubes which could permit vermin
harborage.
(3)
Missing doors, windows, hood, trunk, or other body parts which
could permit animal harborage or entry of children.
(4)
Any body parts with sharp edges including holes resulting from
rust.
(5)
Missing tires resulting in unsafe suspension of the motor vehicle.
(6)
Upholstery which is torn or open that could permit animal and/or
vermin harborage.
(7)
Sharp objects protruding from the chassis.
(8)
Broken headlamps, tail lamps, side lamps or other vehicle body
parts with sharp edges which are inherently dangerous and could permit
the harborage of vermin.
(9)
Broken vehicle frame suspended from the ground in an unstable
manner.
(10)
Leaking or damaged oil pan or gas tank which could cause fire
or explosion.
(11)
Leaking battery.
(12)
Any condition enabling entrapment within the vehicle including
but not limited to open trunks.
(13)
Damaged floor boards, trunk, trunk floor, fire wall or truck
bed with holes or sharp edges.
(14)
Damaged bumpers pulled away from the perimeter of the vehicle.
(15)
Broken grill with protruding edges.
(16)
Vehicle suspended on unstable supports.
[Ord. 553, passed 4-27-1970]
No person shall throw or deposit litter on any open or vacant
private property within the Town whether owned by such person or not.
[Ord. 3, passed 11-1-1946]
(a)
No privy, urinal, cesspool, septic tank or other receptacle for human
excrement shall be constructed, maintained or used which directly
or indirectly drains or discharges over, upon or across the surface
of the ground, into any gutter, street, road, highway, alley or lane,
or into any waters of the State.
(b)
All privies, urinals, cesspools, septic tanks or other receptacles
for human excrement shall be cleaned at sufficiently frequent intervals
to prevent the contents from overflowing.
(c)
The transportation of human excrement shall be effected in water-tight
containers with tight fitting covers. Containers shall be thoroughly
cleaned after each use.
(d)
No human excrement removed from privies, urinals, cesspools, septic
tanks or other receptacles shall be dumped, spread or deposited upon
any lands within the limits of the Town; except that human excrement
may, with the owner's permission, be dumped, spread, or deposited
upon tillable lands used exclusively for farming and providing such
lands are not planted for a period of two years thereafter, to crops
consumed directly by human consumption.
(e)
No privy, cesspool, septic tank or other receptacle for the human
excrement shall be constructed, maintained or used upon premises which
has access to a public sewer or which is accessible to a sewer system
from which sewage is lawfully discharged into the waters of the State.
(f)
No privy, urinal, toilet or other receptacle of human excrement shall
be constructed, maintained or used in any room, or have direct connection
with any room wherein any kind of exposed foods or foodstuffs are
prepared, stored or handled.
[Ord. 3, passed 11-1-1946]
No kitchen or laundry water shall be discharged or be permitted
to discharge or flow into any gutter, street, road, highway, alley,
lane or public place.
[Ord. 3, passed 11-1-1946]
(a)
No owner, lessee, tenant, agent or occupier of any land within the
limits of the Town shall use or permit his, her or their lands to
be used for the dumping, accumulating or disposal of any garbage,
rubbish, inflammable or other waste materials of any kind, nor shall
any building or buildings be erected or machinery installed upon such
land for the disposal of such garbage, rubbish, inflammable materials
or other waste materials.
(b)
No garbage, offal, dead animals, decaying matter, waste material
or other waste substance of any kind shall be thrown or deposited
in any ravine, ditch or gutter; on any street, road, highway, lane
or alley, into any waters of the State, or be permitted to remain
exposed upon the surface of the ground.
(c)
In built-up sections of the Town manure shall not be allowed to accumulate
in or near stables, piggeries or roosts for a period of more than
three days unless it is adequately protected against the breeding
of flies.
(d)
Manure shall not be allowed to accumulate in any place where it can
prejudicially affect any source of drinking water.
(e)
The carcass of any dead animal shall be removed and disposed of by
burial, incineration or other proper method within 24 hours after
death. If the carcass is buried, it shall be placed so that every
part shall be covered by at least two feet of earth and at a location
not less than 100 feet from any well, spring, stream or other surface
waters, and in a place not subject to overflow.
In all cases of death from communicable disease, the carcass
if disposed of by burial, shall first be thoroughly enveloped in unslaked
lime.
Proper disposal shall be made by the owner of the animal or
by the owner of the property on which the dead animal is found. Where
the owner of the animal is unknown and the carcass is found upon any
street, road, highway, lane, alley or other public place, it shall
be removed and disposed of by direction of Council at Town expense.
[Ord. 3, passed 11-1-1946]
(a)
No person, partnership, firm or corporation maintaining a slaughter
house, rendering works, depository of dead animals, glue works, tannery,
wool-washing establishment, paper mill, by-product coke oven, dye
works, oil refinery, dairy, creamery, cheese factory, milk station
or similar establishment, or engaged in the manufacture of gas, chemicals,
explosives, fertilizers or similar products; or in the business of
soap making, fish oil extraction, bone boiling or similar occupation
shall allow any noxious exhalation, odors or gases that are deleterious
or detrimental to public health to escape into the air, or any substance
that is deleterious or detrimental to public health to accumulate
upon the premises or be thrown or allowed to be discharged into any
street, roadway or public place; or be thrown or allowed to be discharged
into any stream or other waters of the State.
(b)
All slaughter houses, rendering works, bone boiling establishments,
depositories for dead animals, disposal works, piggeries and similar
establishments handling organic matter shall have an adequate water
supply for the purpose of keeping the place clean and sanitary. All
floors shall be constructed of concrete or other impervious material
and shall have adequate provision for drainage to a cesspool or to
a sewer or treatment works approved by the State Department of Health.
[Ord. 3, passed 11-1-1946]
No owner or occupant of any premises shall maintain any well,
spring, cistern or other source of water used for drinking or household
purposes and to which the public has or may have access and which
is polluted or which is so situated or constructed that it may become
polluted in any manner that may render such water supply injurious
to health.
[Ord. 3, passed 11-1-1946]
[Ord. 553, passed 4-27-1970; Ord. 1273, passed 7-15-2002]
(b)
Any person, firm, partnership or corporation violating any provision of Sections 705.05 through 705.09 shall be deemed guilty of a summary offense and, shall be fined not more than $500 for each offense. Each day that any person, firm, partnership or corporation continues to violate or fails to comply with any requirement of such sections shall be considered a separate offense.
(c)
Any person, firm, partnership or corporation violating any provision
of Section 705.091 shall be deemed guilty of a summary offense and
shall be fined an amount not to exceed $500 for each offense, plus
any costs incurred by the Town for cleanup and remediation of the
violation. Each day that any person, firm, partnership or corporation
continues to violate or fails to comply with any requirement of Section
705.091 shall be considered a separate offense.
