[Adopted as Ch. 12 of the 1977 Code]
[Amended 1-21-1982; 3-5-1987; 7-20-1989; 11-19-1998; 3-4-1999; 12-4-2003]
As used in this article, the following terms
shall have the meanings indicated:
BRUSH
Refers to woody debris from trees, shrubs, and bushes less
than six inches in diameter.
BULKY WASTE MATERIAL
Includes but is not limited to refrigerators, stoves, and
other large appliances, furniture, mattresses, tires, rolls of carpeting,
refuse in sealed bags or containers and other large waste items which
must be securely held in place in the vehicle by sturdy ropes, cords
or materials so that the solid waste cannot fall, bounce or blow out
of the vehicle on to the roadway.
[Amended 12-4-2014]
CATHODE RAY TUBE (CRT)
An intact glass tube used to provide the visual display in
televisions including monochrome (i.e., black and white) units, computer
monitors and certain scientific instruments such as oscilloscopes.
CLEAN WOOD WASTE
Refers to wood that is not painted, stained, treated or made
of composite materials, and that is as free from foreign materials
as possible.
COMMERCIAL VEHICLE
Refers to vehicles used by commercial concerns whose primary
business is other than the collection, transport, and disposal of
garbage, rubbish and industrial waste, and/or any vehicle with commercial
plates.
COMPACTED REFUSE
Refers to garbage and rubbish compressed by hydraulic force
into refuse removal trucks and/or containers.
CONSTRUCTION AND DEMOLITION (C&D) WASTE
Building or demolition materials with a maximum size of four
feet in any dimension, including but not limited to wood, roofing
materials, gypsum (wallboard), flooring materials, carpeting, insulation,
fixtures, and pieces of duct and pipes. Cardboard and scrap metal
are not included in this category, as these materials are classified
as "recyclable materials."
[Amended 12-4-2014]
GARBAGE
Refers to all waste, animal, fish, fowl, fruit or vegetable
matter produced or resulting from the use or storage of food for human
consumption.
HAZARDOUS WASTE
Refers to by-products of society that can pose a substantial
or potential hazard to human health or the environment when improperly
managed. Hazardous waste possesses at least one of four characteristics
(ignitability, corrosivity, reactivity, or toxicity) or appears on
special EPA lists.
LOOSE SOLID WASTE
Refers to quantities of waste material including but not
limited to brush, leaves, paper, roof shingles, recyclable materials
and other items placed in the rear of a vehicle and which must be
completely enclosed by the sides of the vehicle and a tarp or other
covering which securely holds the waste material in place and prevents
it from falling, bouncing, or blowing from the vehicle onto the roadway.
[Amended 12-4-2014]
PRIVATE CARS
Refers to cars, passenger vans, and station wagons (based
on the classification listed on the vehicle registration form) used
exclusively by private households for noncommercial purposes.
PRIVATE TRUCKS
Refers to trucks, vans, and trailers (based on the classification
listed on the vehicle registration form) used exclusively by private
households for noncommercial purposes.
PRIVATE VEHICLE
Refers to autos, vans, and pickup trucks used exclusively
by private households for noncommercial purposes.
PROPERLY SECURED LOAD
Refers to all solid waste materials including "solid waste,"
"loose solid waste" and "bulky waste material" being transported to
a solid waste disposal facility; loose solid waste material shall
be in closed vehicles, closed containers, sealed plastic bags, or
completely covered with a tarp or other covering, which encloses it
entirely. Bulky solid waste shall be tied with sturdy ropes or other
materials so that it is securely held in place. All solid waste material
must be securely tied down or covered so that neither it nor any of
its parts can fall out of or blow out of the vehicle transporting
it onto the roadway or properties adjacent to the roadway.
[Amended 12-4-2014]
RECYCLABLE MATERIALS
Refers to materials that are accepted at the Springfield
Materials Recycling Facility (SMRF) and/or materials that are subject
to a ban on landfill disposal imposed by the Massachusetts Department
of Environmental Protection and/or the Northampton Board of Health.
Materials currently accepted by the SMRF include recyclable paper
and corrugated cardboard, and metal/glass/aseptic/plastic (#1-7) containers.
Materials currently restricted by the DEP under 310 CMR 19.017 include
glass and metal containers, single-resin plastics, recyclable paper
and corrugated cardboard, leaves and yard waste, vehicle batteries,
white goods/appliances, whole tires, cathode ray tubes. In addition,
materials currently restricted by the Northampton Board of Health
include scrap metal and mattresses.
[Amended 12-4-2014]
REFUSE
Refers to putrescible or nonputrescible solid waste materials,
consisting of all combustible and noncombustible solid wastes including
garbage and rubbish, but not including recyclable materials and unacceptable
materials.
REFUSE REMOVAL TRUCK
Refers to trucks used by commercial concerns whose primary
business is the collection, transport and disposal of garbage, rubbish
and industrial waste.
RUBBISH
Refers to domestic solid, combustible and incombustible wastes
other than garbage, including commercial refuse.
SOLID WASTE
Refers to all materials being transported to a solid waste
disposal facility for disposal and/or recycling, including but not
limited to the following: brush, construction and demolition material,
garbage, household refuse, recyclable material, rubbish, scrap metal,
tires, used appliances, used furniture, and yard waste.
[Amended 12-4-2014]
TREE WASTE
Refers to stumps, trunks, logs, and/or branches with a diameter
of six inches or greater.
UNACCEPTABLE MATERIALS
Refers to automobiles or automobile parts, waste oils (e.g.,
used motor oil, bunker oil), bottom ash, chemicals, intact drums,
fly ash, hazardous wastes, hot items, radioactive wastes, sludge,
recyclable materials, universal wastes and liquid or gaseous wastes
of any type except with special written approval of the State Department
of Environmental Protection and the Board of Health.
UNIVERSAL WASTE
Refers to hazardous batteries, primarily nickel cadmium (NiCd)
and button batteries; mercury-containing devices, such as thermostats,
manometers, switches, water meters, thermometers, and gauges; mercury-containing
lamps, such as fluorescent lamps; and hazardous waste pesticides,
e.g., mercury-based pesticides, arsenicals, and chlorinated pesticides;
banned or suspended pesticides; pesticides subject to recall by the
manufacturer or FIFRA; certain unused pesticides, and/or pesticides
collected in a state-approved waste pesticide collection program.
YARD WASTES
Refers to grass clippings, leaves, brush, and other plant
material generated through landscape/garden maintenance (does not
include tree waste).
[Amended 12-4-2014]
No person shall deposit in any street, except
as herein otherwise provided, any dead shrub or tree, trimming of
shrubs or trees, posts, pole or other article, earth from cellars
or any rubbish, unless the same shall be immediately removed therefrom
at the expense of the owner or other person making such deposit, except
at such times as the Department of Public Works may request that any
or all of the aforementioned articles be so deposited for removal
by it as a part of the regular rubbish removal programs.
[Amended 8-20-1987; 2-1-2007; 12-4-2014]
No person shall put or place or cause to be put or placed in any street, lane, common, park, court, alley or other public place or on any private property in this City any dirt, filth, ashes, garbage, litter or rubbish of any description; or throw or distribute, or cause to be thrown or distributed therein, any playbill, poster, notice, advertisement or printed paper of any description or any advertising appliance or medium, excepting newspapers distributed to purchasers, except at such times as the Department of Public Works may request that any or all of the aforementioned articles be so deposited for removal by it as a part of its regular rubbish removal program. Violation of this section shall be punishable as set forth in Chapter
40, Enforcement.
[Amended 12-18-2003]
All garbage and rubbish shall be stored in sturdy
tightly covered containers or secured in heavy-duty plastic or paper
bags. Containers shall be stored in a clean location, free of spilled
garbage or rubbish and odor, and shall not be placed upon any street
except as provided in this article.
The Board of Health of the City is hereby authorized and empowered to regulate the storage, collection, transportation and disposal of garbage and rubbish as provided in Chapter
111, §§ 31, 31A and 31B of the General Laws of Massachusetts.
[Amended 7-19-1979; 6-18-1981; 8-20-1981; 6-19-1986; 8-20-1987; 9-3-1987; 6-16-1988; 7-5-1990; 12-1-1994; 8-21-1997; 3-4-1999; 12-4-2003; 12-4-2014]
A. No person shall remove or transport garbage/rubbish within the City without first obtaining a permit from the Department of Public Works, as authorized by the Board of Health and provided herein pursuant to § 31A of Chapter
111 of the General Laws of Massachusetts. Residential garbage/rubbish transported by the owner is exempt.
B. No person shall dispose of recyclable materials as
solid waste. Recyclable materials include, but are not limited to,
any materials acceptable to the Springfield Materials Recycling Facility
(MRF) and/or materials banned from disposal by the Northampton Board
of Health and/or the Massachusetts Department of Environmental Protection.
C. The Board of Health authorizes the Department of Public Works to issue annual permits to City residents to transport refuse, garbage, recyclables, yard waste, and rubbish from their own residential property in private cars, private trucks or private vehicles, provided that certification is made that such permits will be used only for personal household use. Annual permits shall be in the form of sticker attached to each vehicle as per §
272-13B.
D. Only operators of vehicles displaying a current residential
permit sticker will be allowed to dispose of solid waste or recyclables
at a City residential transfer station(s).
[Amended 12-17-1970; 11-19-1998; 12-4-2003; 2-1-2007; 12-4-2014]
A. All solid wastes, including but not limited to bulky
waste materials and loose solid waste, which are collected and/or
transported within the City of Northampton shall be so collected and
transported in a manner which will prevent such solid, bulky and loose
solid waste from falling or blowing onto the roadway, or onto property
near or adjacent to the roadway, while transporting such waste within
the City limits.
B. Solid wastes shall only be collected and transported
in vehicles in good repair with watertight and/or tightly covered
receptacles. The vehicles and receptacles shall be kept in clean condition
satisfactory to the Board of Health, and shall be cleaned at a site
approved by the Board of Health. All such receptacles shall be kept
covered except at such times as the combined refuse is being placed
therein or removed therefrom.
C. All solid waste being transported to a solid waste
disposal facility shall be in properly secured loads.
D. Operators of private vehicles transporting improperly secured solid waste shall be subject to an improperly secured load fine as set forth in Chapter
40, Enforcement, for each of the first five offenses, in addition to other applicable refuse disposal charges. For each subsequent offense, the improperly secured load fine shall be as set forth in Chapter
40.
(1) The Board of Health and/or the Department of Public
Works acting through its agents and employees shall have the authority
to withhold a residential permit from any residential user who has
outstanding improperly secured load fines due to the City.
(2) If the holder of a residential permit shall have no
offenses for a period of two years, the holder's record of previous
offenses shall be expunged, provided that there are no outstanding
improperly secured load fines due to the City.
E. Operators of commercial vehicles transporting improperly secured solid waste shall be subject to the improperly secured load fines as set forth in Chapter
40, Enforcement.
(1) For a fourth offense, the Board of Health and/or the
Department of Public Works shall have the right (after providing an
opportunity for hearing) to suspend the commercial entity's refuse
disposal permit for up to one month and to charge a fine of up to
$1,000 in costs to reimburse the City for the costs of the hearing
including staff time and also to cover any and all staff time necessary
to clean up the refuse which may have fallen or blown unto the roadway
or property adjacent to the roadway.
(2) The Board of Health and/or the Department of Public
Works acting through its agents and employees shall have the authority
to withhold a commercial permit from any commercial user who has outstanding
improperly secured load fines due to the City.
F. The operator of any vehicle transporting improperly
secured solid waste who refuses to pay the improperly secured load
fine and/or who exits the disposal facility with improperly secured
refuse shall be subject to an additional fine equal to the original
fine imposed.
Collection shall be made in a manner that will
prevent garbage or rubbish from falling from the container to the
ground and so as to prevent rubbish being blown by the wind. Collections
shall be made from an off-street location except for curbside collections
from single-family and two-family homes, where containers may be placed
near a street after 6:00 p.m. on the day before a curbside collection
is to be made, provided that the containers are removed by 6:00 p.m.
on the day of collection.
[Amended 12-4-2014]
It shall be unlawful for any person to deposit,
place or dispose of garbage or rubbish in any place except a site
assigned for that purpose by the Board of Health as provided in MGL
c. 111, § 150A.
[Amended 12-17-1970; 3-20-1986; 3-19-1992]
The builder of each new dwelling unit shall
cause a garbage disposer to be installed prior to the final building
inspection. Provisions shall be made for connection to a sanitary
sewer line or to a septic tank in conformance with the State Environmental
Code, 310 CMR 15.00 Title 5. This requirement shall be optional in
dwellings not served by sanitary sewer and single-family dwellings.
[Amended 6-18-1981; 8-20-1981; 8-20-1987; 6-16-1988; 6-21-1990; 12-4-2003; 12-4-2014]
A. Municipal transfer station(s) established within the
City shall be for the sole use of residents of the City, and only
residential refuse and rubbish shall be deposited in the compactor
unit.
B. The Department of Public Works shall issue permits
in the form of stickers to be attached to each vehicle. Said permit
shall allow use of a municipal solid waste disposal facility.
C. Any person using the compactor unit in violation of these provisions shall be subject to the penalties set forth in §
272-14 of this chapter.
[Amended 2-1-2007]
Any person violating any of the provisions of
this chapter or refusing to comply with any of the provisions therein
contained, shall upon conviction be fined in any sum of not more than
$1,000. Each day's continuance of such violation or failure shall
be deemed a separate and distinct offense. Any person violating such
provisions shall be liable for cost incurred by the City to correct
any violation.
[Added 2-4-1988; amended 4-5-1990; 12-4-2003; 12-4-2014]
A. There is hereby established in the City of Northampton
a program for the mandatory separation of recyclable materials from
garbage or rubbish by anyone who lives or works in Northampton, including
residents (including but not limited to inhabitants of single-family
units, multifamily units, condominiums, boardinghouses, schools, assisted
living facilities, etc.), businesses (including but limited to offices
and retail establishments), institutions and industries located in
the City of Northampton.
B. Enforcement of this section shall be by either criminal complaint in the District Court or noncriminal procedures as set forth in Chapter
40 of this Code of Ordinances. The maximum fine for violation of this section shall be $300.
[Added 12-5-2002; amended 2-1-2007]
A. No person shall use public recycling and trash disposal receptacles for the disposal of household refuse. Employees of business enterprises or other privately owned establishments are prohibited from disposing of business refuse in public recycling and trash receptacles. Depositing waste into and/or scavenging materials out of a commercial or municipal dumpster or trash or recycling container without the consent of the owner or a person with legal authority is prohibited. Violators of this section shall be subject to fines, which shall be in addition to all other applicable disposal and cleanup charges, as set forth in Chapter
40, Enforcement.
B. Enforcement of this section shall be by noncriminal procedures as set forth in Chapter
40 of this Code of Ordinances.
[Adopted 12-4-2003 (Ch. 22, Art. III, of the 1977 Code)]
[Added 5-21-2015; amended 1-21-2021 by Ord. No. 20.114]
A. General definitions. As used in this section, the following terms
shall have the meanings indicated:
ASTM STANDARD
Standards developed by the American Society for Testing and
Materials (ASTM), including only International Standards D6400 or
D6868 for biodegradable and compostable plastics. D6400 is the specification
for plastics designed for compostability in municipal or industrial
aerobic composting facilities and D6868 is the specification for aerobic
compostability of plastics used as coatings on a compostable substrate.
BIODEGRADABLE
Entirely made of organic materials such as wood, paper, bagasse
or cellulose; or bioplastics that meet the American Society for Testing
and Materials (ASTM) D7081 standard for Biodegradable Plastics in
the Marine Environment or any other standard that may be developed
by the American Society for Testing and Materials specifically for
an aquatic environment.
BIODEGRADABLE BAGS
Bags that:
(1)
Contain no polymers derived from fossil fuels; and
(2)
Are intended for single use and will decompose in a natural
setting to an environmentally beneficial material at a rate comparable
to other biodegradable materials such as leaves and food waste.
BPI CERTIFIED
Refers to compostable products and packaging certified as
compostable according to the Biodegradable Products Institute.
CHECKOUT BAG
Carryout bags provided by a store to a customer at the point
of sale. Checkout bags are distinct from product bags.
COMPOSTABLE
Disposable food service ware or packaging is compostable
if it meets ASTM standards for compostability and is BPI certified.
COMPOSTABLE BAGS
Bags that:
(1)
Conform to the current ASTM D6400 standard for compostability;
and
(2)
Are certified and labeled as meeting the ASTM D6400 standard
specification by a recognized verification entity.
DISPOSABLE FOOD SERVICE WARE
(1)
All containers, bowls, plates, trays, cartons, cups, lids, straws,
stirrers, forks, spoons, knives, and other items designed for one-time
or nondurable uses:
(a)
In which any food vendor directly places or packages prepared
foods; or
(b)
Which are used to consume foods.
(2)
Such food service ware includes, but is not limited to, service
ware for takeout foods and/or leftovers from partially consumed meals
prepared at food establishments.
DISPOSABLE FOOD SERVICE WARE ACCESSORY
All types of disposable food service ware provided alongside
prepared food, including but not limited to utensils, chopsticks,
napkins, cup lids, cup sleeves, food or beverage trays, condiment
cups or packets, straws, stirrers, splash sticks, and cocktail sticks.
This does not include such items that are necessary for the containment
of foods, such as plates, bowls and bags.
FOOD ESTABLISHMENT
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption, as further defined
in 105 CMR 590.001. Any establishment requiring a permit to operate
in accordance with the State Food Code, 105 CMR 590.000 et seq., shall
be considered a "food establishment" for purposes of this section.
ONLINE FOOD ORDERING PLATFORM
The digital technology provided on a website or mobile application
through which a consumer can place an order for pickup or delivery
of prepared food. Such platforms include those operated directly by
food establishments, by companies that provide delivery of prepared
meals to consumers, and by online food ordering systems that connect
consumers to prepared food vendors directly.
POLYETHYLENE
The term "polyethylene" refers to the synthetic plastic polymer
used to make grocery bags, shampoo bottles, and other containers,
among other products. It is commonly known and referred to as "plastics
No. 2 and No. 4." For the purposes of this legislation, both plastics
No. 2 and No. 4 should be considered polyethylene.
POLYETHYLENE TEREPHTHALATE
The term "polyethylene terephthalate," also known as "PET,"
is a common plastic polymer widely used to make packaging for foods
and beverages, such as soft drinks, juices and water, among other
products. It is commonly known and referred to as "plastic No. 1."
POLYPROPYLENE
The term "polypropylene," also known as "PP," refers to a
synthetic plastic polymer used to make food containers, disposable
diapers, disposable cutlery and plastic straws, among other products.
It is commonly known and referred to as "plastic No. 5."
POLYSTYRENE
The term "polystyrene" refers to a synthetic plastic polymer
used to make food containers, cups, packaging materials, utensils,
among other products. It is commonly known and referred to as "plastic
No. 6."
POLYSTYRENE LOOSE FILL PACKAGING
A void-filling packaging product made of expanded polystyrene
that is used as a packaging fill, commonly known as "packing peanuts."
POLYVINYL CHLORIDE
The term "polyvinyl chloride," also known as "PVC," refers
to a synthetic plastic polymer used to make plastic straws and utensils,
among other products. It is commonly known and referred to as "plastic
No. 3."
PREPARED FOOD
Any food or beverage prepared by the food establishment at
any location owned or controlled by the food establishment using any
cooking or food preparation technique. Prepared food does not include
any raw, uncooked meat, fish or eggs unless provided for consumption
without further food preparation. Prepared food may be eaten either
on or off the premises.
PRODUCT BAG
Bags without handles in which loose produce, bulk items,
unwrapped baked goods or prepared food, or other products are usually
placed by the consumer to deliver such items to the point of sale
or checkout area of the store. These are also sometimes used by cashier
or checkout personnel to contain items at point of sale.
RECYCLABLE
Material that can be sorted, cleansed, and reconstituted
by Northampton's year-round municipal recycling collection programs
for the purpose of using the altered form in the manufacture of a
new product. "Recycling" does not include thermally destroying or
converting solid waste.
RECYCLABLE PAPER BAG
Paper bags that:
(1)
Are 100% recyclable, including the handles; and
(2)
Contain at least 40% post-consumer recycled paper content; and
(3)
Display the words "recyclable" and "made from 40% post-consumer
recycled content" (or other applicable amount) in a visible manner
on the outside of the bag.
RETAIL ESTABLISHMENT
Any commercial facility that sells goods directly to the
consumer, including but not limited to grocery stores, pharmacies,
liquor stores, convenience stores, restaurants, retail stores and
vendors selling clothing, food, and personal items, and dry-cleaning
services.
REUSABLE
Products that are designed to be used more than once in the
same form by a food or retail establishment.
REUSABLE BAGS
Bags that are not made of plastic, are for multiple use and
are made of cloth, fabric or other durable materials that do not decompose
into harmful chemical components. A reusable bag is recyclable, biodegradable
or compostable and is specifically designed and manufactured for multiple
reuse.
B. General prohibition and regulation.
(1) Food establishments are prohibited from providing prepared food to
customers using polystyrene, polyvinyl chloride, polyethylene, polyethylene
terephthalate, or other nonrecyclable disposable food service ware.
(2) Food establishments using any disposable food service ware shall
use biodegradable, compostable, reusable or recyclable food service
ware. All compostable food service ware used by food establishments
must be clearly labeled with the applicable standard on the product
or its packaging.
(3) Retail establishments are prohibited from selling or distributing
polystyrene food service ware to customers. This includes sale of
polystyrene ware for home food use.
(4) Retail establishments are prohibited from selling or distributing
polystyrene loose fill packaging to customers.
(5) Retail and food establishments may only sell or distribute product
bags which are either i) biodegradable, ii) compostable, or iii) reusable.
All compostable product bags used by retail and food establishments
must be clearly labeled with the applicable standard on the bag.
(6) If any retail establishment provides a checkout bag to customers,
the bag shall be either a recyclable paper bag or a reusable bag.
(7) No retail or food establishment shall sell or distribute straws made
of polystyrene, polyvinyl chloride, polyethylene or polyethylene terephthalate.
Retail and food establishments may sell or distribute compostable,
biodegradable, and reusable straws upon request by the consumer. Upon
request of a plastic straw, retail and food establishments may sell
or distribute polypropylene straws. Retail and food establishments
are encouraged to offer compostable or reusable straws.
(8) Food establishments must provide disposable food service ware accessories
only upon request by customers or at a self-serve station.
(a)
Online food ordering platforms that take orders of prepared
food for pickup by or delivery to customers in the City of Northampton
are required to provide options on their ordering platform that enable
customers to choose which disposable food service ware accessories
to include with each order. When no options are selected by the customer,
the default practice shall be that no disposable food service ware
accessories are provided. The platform must provide the food establishment
an option/method for listing a customized list of accessories that
are offered by each food establishment listed on their platform.
(b)
For delivery orders, food establishments may choose to include
specific accessories, such as cup lids, spill plugs, and trays, in
order to prevent spills and deliver food and beverages safely.
C. Exemptions.
(1) The Mayor's designee may exempt a food or retail establishment from
the requirements of this section for a period of up to one year upon
a finding by the Mayor's designee that the requirements of this section
would cause undue hardship to the establishment. The Mayor's designee
may approve additional six-month periods upon the showing of a continued
undue hardship. An "undue hardship" shall only be found in:
[Amended 10-6-2022 by Ord. No. 22.168]
(a)
Circumstances or situations unique to the particular food or
retail establishment such that there are no reasonable alternatives
to plastic products or materials banned in this section that are necessary
to the establishment's operations; or
(b)
Circumstances or situations unique to the food or retail establishment
such that compliance with the requirements of this section would deprive
a person of a legally protected right; or
(c)
Circumstances where a food or retail establishment requires
additional time in order to draw down an existing inventory of plastic
products or materials banned in this section.
(2) Any food or retail establishment receiving an exemption shall file
with the Mayor's designee monthly reports on inventory and remaining
stocks.
(3) Any food or retail establishment seeking an exemption shall apply
to the Mayor's designee using forms provided by the Health Department,
and shall allow the Mayor's designee, or his or her designee, to access
all information supporting its application.
(4) The Mayor's designee may approve the exemption request, in whole
or in part, with or without conditions.
(5) The Mayor's designee, by regulation, may establish a fee for exemption
requests.
(6) Certain products are exempt from this section's prohibitions; these
include:
(a)
Flexible transparent covering (commonly referred to as "plastic
wrap").
(b)
Thin-film plastic bags used to contain dry cleaning or newspapers,
typically without handles.
[1]
Product bags are not exempt from this section's prohibitions.
(c)
Packaging utilized for prescription drugs.
D. Penalties and enforcement.
(1) The Mayor's designee shall provide to food and retail establishments
succinct materials explaining the requirements of this section and
recommendations for proper waste stream procedure.
(2) If it is determined that a violation of this section has occurred,
the Mayor's designee shall issue a warning notice for the initial
violation.
(3) If an additional violation of this section has occurred within one
year after a warning notice has been issued for an initial violation,
the Mayor's designee shall issue a notice of violation and shall impose
a penalty against the food or retail establishment.
(4) Each penalty of this section's clauses shall be no less than: 1)
$50 for the first offense; 2) $100 for the second offense and all
subsequent offenses. Payment shall be made within 21 days to the City
Clerk. Nonpayment of such fines may be enforced through civil action
in the Northampton District Court. No more than one penalty shall
be imposed upon a food or retail establishment within a seven-calendar-day
period.
E. Severability. If any provision or section of this section shall be
held to be invalid, then such provision or section shall be considered
separately and apart from the remaining provisions or sections of
this section, which shall remain in full force and effect.
F. Effective date. This section will take effect on October 31, 2022.
[Amended 12-16-2021 by Ord. No. 21.371; 6-16-2022 by Ord. No. 22.131]
[Amended 12-4-2014]
Every person who disposes of solid waste and/or
recyclable materials at the landfill and/or transfer station(s) of
the City of Northampton shall be charged for such usage at the rate(s)
set by the Department of Public Works.
These fees relate solely to the matters covered
by this article and are separate from all other fees chargeable by
the City.