[Adopted as Rev. Ords. 1976, §§ 13-3, 13-6,
20-5 and 20-6 (Rev. Ords. 1989, §§ 8-1, 15-26 and 15-27)]
[Amended 6-18-1984 by Ord. No. 785A; 6-18-1984 by Ord. No. 785B; 2-20-2007 by Ord. No. 07-107A; 5-21-2012 by Ord. No. 2012-158; 8-21-2017 by Ord. No. 2018-4; 9-20-2021 by Ord. No. 2022-25[1]; 2-22-2022 by Order No. 2022-65; 6-24-2024 by Order No. 2024-4]
A.
No person shall put or place, or cause to be put or placed, in any
street, lane, alley or any other place, public or private, where it
may be offensive or objectionable, any ashes, dirt or refuse, nor
shall any piece of metal or wood or any plastic in any form or other
material injurious to feet or to tires of vehicles or any other rubbish
be put, placed or thrown into or on any street, lane, alley or public
place. No person shall throw or place on any vacant land, whether
public or private, or in any brook, waterway, or pool rubbish, limbs,
brush, barrels, boxes, or the likes.
B.
No person shall place or cause to be placed on any sidewalk, footwalk
or crosswalk any object whatsoever so as to interfere with the convenient
use of the same by any person traveling thereon. This shall not apply
to building materials placed by permission of the City Engineer.
C.
The City shall provide one sixty-four-gallon trash and one sixty-four-gallon
recycling receptacle ("receptacle" or "receptacles") to each property
for the purpose of providing automated curbside collection of solid
waste and recycling. Only City-issued receptacles shall be collected
by the hauler. Additional receptacles may be made available for purchase
and subject to additional fees as published on the Department of Public
Works website. In addition to City-issued receptacles, residents may
also use approved overflow bags in accordance with the guidelines
of the solid waste and recycling program. Such overflow bags will
be made available for purchase at designated retailers and locations
throughout the City and as defined and published on the City website.
Residents are not permitted to place any items for curbside pickup
in bags aside from the approved overflow bags. Overflow bags shall
not be placed curbside until after 5:00 a.m. on the scheduled pickup
day.
D.
Receptacles shall be tightly covered whenever refuse of any amount
is contained therein, have it be on private property, a private way,
or a public sidewalk. Refuse shall be stored in City-issued receptacles
as described in this section except for material which may be placed
at curbside in approved overflow bags or under City-sponsored source
reduction and/or source separation collection programs in accordance
with the guidelines of such programs. Pickup of bulky items not eligible
for large metal goods collection shall be scheduled directly with
the contracted hauler for a fee to be paid directly to the hauler.
The schedule of fees shall be published on the Department of Public
Works website.
E.
Refuse receptacles shall be placed at the curb by 7:00 a.m. on the
scheduled collection day, not prior to 5:00 p.m. the preceding day,
and shall be removed from the sidewalk within 12 hours after collection.
Refuse receptacles shall be placed on the sidewalk in a way that does
not obstruct or interfere with pedestrians, if applicable, otherwise
shall be placed on the edge of the public way in front of the household's
property. Refuse receptacles must also be placed in accordance with
the requirements of the hauler for proper automated pickup. Items
not placed in accordance with these requirements may not be collected.
F.
(1)
Whoever violates any provision of the aforementioned subsections
shall be penalized in accordance with MGL c. 40, § 21D,
or MGL c. 270, § 16, not to exceed $100 for each violation,
provided that each and every day of the violation shall constitute
a distinct and separate offense.
(2)
Property owners or their agents shall be responsible for the retrieval
and pickup of any and all scattered refuse stemming from a violation
of this section. Failure to comply with this provision shall constitute
a separate violation, which may be enforced as authorized above.
(3)
The Board of Health, the Department of Public Works, and the Police
Department, through their authorized agents and employees, are hereby
empowered to enforce the provisions of this section pursuant to MGL
c. 40, § 21D, and MGL c. 270, § 16.
(4)
No property owner shall be cited for a violation of this section
until a written warning is first served upon the party.
G.
Any party fined hereunder shall have a right of appeal in accordance
with MGL c. 40, § 21D.
[1]
Editor's Note: This order also stated that enforcement is
set to begin 3-1-2022.
[Amended 9-24-1990 by Ord. No. 91-10; 11-1-1990 by Ord. No. 91-33; 1-21-1992 by Ord. No. 92-119; 3-16-1992 by Ord. No. 92-241; 3-7-1994 by Ord. No. 94-176; 7-18-1994 by Ord. No. 94-343; 6-26-2002 by Ord. No. 02-367; 6-26-2002 by Ord. No. 02-368; 6-26-2003 by Ord. No. 03-292; 6-7-2004 by Ord. No. 04-264A; 6-7-2004 by Ord. No. 04-264B; 6-7-2004 by Ord. No. 04-264C; 6-21-2004 by Ord. No. 04-264D; 6-23-2005 by Ord. No.
05-243; 6-5-2006 by Ord. No. 06-172; 2-2-2009 by Ord. No. 09-109; 5-21-2012 by Ord. No. 2012-158; 6-25-2015 by Ord. No. 2015-168; 9-20-2021 by Ord. No. 2022-16; 2-22-2022 by Order No. 2022-65; 6-24-2024 by Order No. 2024-4]
The Director of Public Works shall, in addition to the duties
prescribed by law and the Charter, have charge of the collection and
disposal of ashes and other household rubbish, including garbage,
under proper regulations approved by the Mayor and City Council.
A.
The Director of Public Works shall maintain and publish a Waste and
Recycling Services Schedule of Fees on the Department of Public Works
website for curbside pickup services, City Yard dropoff items, and
special City Yard events.
B.
For solid waste collection, residents shall use City-issued receptacles
or approved overflow bags, except for material which may be placed
at curbside under City-sponsored source reduction and/or source separation
collection programs in accordance with the guidelines of such programs.
C.
The Director of Public Works shall, for a period beginning on or
around April 15 and ending about December 15, collect at curbside,
biweekly or monthly as defined in its annual collection calendar,
all leaves and grass clippings, provided that such materials do not
violate any regulation or rule authorized by this section. Leaves
and grass clippings shall be placed at curbside for City pickup in
plain brown paper bags or barrels, subject to such reasonable limits
as may be set by the Director of Public Works. No loose materials
will be collected. The Director of Public Works shall operate a dropoff
yard waste collection program in conjunction with this subsection.
D.
There shall be a collection of large metal goods by the Public Works
Department either once or twice a week at the Director's discretion
and under the following regulations:
(1)
Metal goods include refrigerators, sinks, stoves, bathtubs, toilets,
shower stalls, radiators, metal file cabinets, metal desks, dismantled
play sets, metal pipes tied together in a bundle weighing not in excess
of approximately 30 pounds and any other metal goods requiring special
pickup.
(2)
Each metal goods item as defined in Subsection D(1) will be picked up at curbside for a fee, listed in the Schedule of Fees as "metal goods item pickup" and payable to the City of Melrose. The homeowner/resident wishing to dispose of such items will obtain a receipt from the Department of Public Works after payment is made for each item. Any item that has no sticker will not be picked up by the City or its agents.
(4)
Moneys collected under this Subsection D shall be set aside in a special fund suggested by the Auditor.
(5)
Non-metal bulk items not collected by the Public Works Department
shall be collected by the City's contracted hauler for a fee to be
paid directly to the hauler. Such items and fees shall be maintained
and published in the Schedule of Fees on the Department of Public
Works website.
E.
There shall be a collection of mattress(es) and/or box spring(s)
made by a vendor at the discretion of the Director of Public Works.
This collection shall be made pursuant to the following:
(1)
Each mattress or box spring will be picked up curbside for a fee,
as listed in the Schedule of Fees as "mattress pickup." This fee shall
be paid to the City of Melrose in advance of any curbside pickup.
F.
No person, except an authorized employee or agent of the Public Works
Department, shall remove any article or material deposited or placed
upon a street or sidewalk for the purpose of being collected by the
Public Works Department.
G.
No dumpster may be placed on City streets without first obtaining
a permit from the Engineering Division of the Department of Public
Works.
H.
Solid waste collection fee; opting out; discounts; billing.
(1)
Residential. As established effective July 1, 2005, all property
owners of residential structures of six units or fewer shall be charged
a solid waste collection fee per dwelling unit, as listed in the Schedule
of Fees published and maintained on the DPW website.
(2)
Opt-out. Owners are allowed to "opt out" of City curbside trash and
recycling services for any reason by following the opt-out process
set forth on the DPW website. The solid waste collection fee shall
not be charged to property owners who opt out of the City curbside
collection services for their properties. If an owner opts out of
the fee, the City will not pick up curbside recycling or trash at
the property. Individuals or entities who do not use the City's services
may utilize any other lawful method of disposal which does not endanger
any person and complies with the State Sanitary Code and City ordinances.
Owners who opt out of the City's collection services must coordinate
with DPW to pick up the receptacles.
(3)
Discount.
(a)
Effective July 1, 2024, any resident of Melrose who owns and
occupies a single-family home or condominium with an income of $65,870
or less for a single person, $75,280 or less for married couples,
will be eligible for a 50% discount for this fee.
(b)
Effective July 1, 2024, any resident of Melrose who owns and
occupies a single-family home or condominium with an income of $45,000
or less for a single person, $50,000 or less for married couples,
will be eligible for a 100% discount for this fee. Effective July
1, 2025, any resident of Melrose who owns and occupies a single-family
home or condominium with an income of $55,000 or less for a single
person, $65,000 or less for married couples, will be eligible for
a 100% discount for this fee.
(c)
Proviso. Eligibility should be determined by using the adjusted
gross income number found on the IRS 1040 form.
(4)
(Reserved)
(5)
Billing. The Collector shall issue bills quarterly.
[Added 1-22-1991 by Ord.
No. 91-123; amended 8-15-1994 by Ord. No. 94-344; 2-20-2007 by Ord. No. 07-107B; 9-20-2021 by Ord. No. 2022-16]
A.
General provisions.
(1)
The City of Melrose will provide for the curbside collection of acceptable recyclable waste from residences with six units or fewer in accordance with the provisions of § 198-3 and this section.
(2)
"Acceptable recyclable waste" is defined by the Director of Public
Works, in accordance with waste disposal bans established by the Massachusetts
Department of Environmental Protection (MassDEP) and the guidelines
of the materials recovery facility (MRF) to which the recyclable waste
is hauled.
B.
Recycling containers; usage, placement.
(1)
The recycling containers must be placed at curbside in accordance with the schedule to be announced by the Department of Public Works and will be collected by a contractor as agent for the City of Melrose. If material placed in the recycling container is not acceptable recyclable waste as defined in Subsection A, it will be left in the recycling container, and the resident shall remove the unacceptable recyclable waste before placing the recycling container at curbside for the next collection.
(2)
Residents shall use plastic or metal barrels/bins under 50 gallons
and 45 pounds for their single stream recycling. Barrels/bins should
be clearly labeled as recycling.
[Amended 2-22-2022 by Order No. 2022-65]
(3)
Source separation of acceptable recyclable waste shall be performed
by the residents according to the instructions given by the Department
of Public Works.
C.
Authorized collection of acceptable recyclable waste. No person,
except those individuals and companies authorized by the City of Melrose,
shall collect or pick up or cause to be collected or picked up any
acceptable recyclable waste which has been placed for collection pursuant
to the provisions of this section. The individuals or companies so
authorized shall supply the City of Melrose with receipts for collected
accepted recyclable wastes, and all collections of accepted recyclable
wastes shall take place according to the trash pickup schedule determined
by the Department of Public Works but no earlier than 7:00 a.m. and
no later than 6:00 p.m. of the same day, unless arranged in advance
with the Director of Public Works to accommodate special circumstances.
The City Engineer shall have charge of the maintenance and management
of all places authorized by the Board of Health to be used as public
dumps. The City Engineer shall have authority to regulate by suitable
signs or by rules issued by him/her the use of such dumps by employees
of the City, contractors and all other persons and to require compliance
therewith. The City Engineer shall furnish copies of all rules made
under authority of this section to the Chief of the Police Department,
and it shall be the duty of the police officers to enforce such rules.
Any person who violates any regulation or rule authorized by this
section shall be punished by a fine of not more than $300 for each
violation and will be responsible for the cleaning of the area.
State law reference — Assignment by Board
of Health of places for public and private dumps, MGL c. 111, § 150A.
[1]
Editor's Note: This ordinance also repealed former § 198-6,
Unlawful deposits, added 6-19-1995 by Ord. No. 95-281.
