[HISTORY: Adopted by the Town of Camden 6-11-2019. Amendments noted where applicable.]
Camden possesses unique natural assets and amenities which enhance the value and enjoyment of the community by residents, businesses and visitors. These assets are irreplaceable and must be preserved and protected in order to allow the public's continued enjoyment of these natural resources, prevent nuisances, protect public health and safety, and protect the safety of wildlife. Thus, this chapter is intended to provide for the uniform prohibition throughout the Town of Camden of littering in its many forms. In addition, it is the intent of this chapter to prevent the accidental scattering of litter from unsecured loads and uncovered receptacles. Standards and prohibitions outlined in this chapter shall also apply to the Town of Camden and its employees.
As used in this chapter, the following terms shall have the meanings indicated:
LITTER
All forms of discarded materials, including but not limited to rubbish, waste material, cans, refuse, garbage, trash, debris, dead animals, animal waste, bottles, glass, boxes, containers, plastic, unclaimed papers or paper products, cigarette butts, all tobacco and nicotine products, tires, appliances, balloons, furniture, tree and landscape materials, mechanical equipment or parts, building or construction materials, tools, machinery, wood, motor vehicles and motor vehicle parts, vessels, aircraft equipment, waste oil, batteries, antifreeze, sludge, or any other discarded material or substance of every kind and description.
A. 
No person shall drop, deposit, discard or otherwise dispose of litter in or upon any public or private property within the Town, including, but not restricted to, any street, median, right-of-way, sidewalk, park, vacant or occupied lot, or body of water, except in litter receptacles or in an area designated by the State Department Of Environmental Protection as a permitted disposal site.
B. 
No person shall drive or move any truck or other vehicle within the Town of Camden unless such vehicle is so constructed or loaded as to prevent any loads, contents or litter from being blown or deposited upon any street, alley or other public place.
C. 
Litter receptacles at places frequented by the public. Every owner, occupant, tenant, or lessee in control of any property that is held out to the public as a place for assemblage, for the transaction of business or recreation, or as a public way shall provide adequate receptacles that are clearly marked and designed to prevent the escape of litter and waste.
D. 
Duty of owners and occupants. It shall be the responsibility of each owner, agent, occupant, or lessee to keep his or her property free of litter. No owner, agent, occupant, or lessee of any property shall allow the storage or accumulation of litter on the exterior of said property outside of a receptacle that is covered, secured, and maintained so as to prevent blowing, spilling, scattering, or leaking of the litter and waste contained therein.
E. 
Placement of litter in receptacles so as to prevent scattering. Persons placing litter in public receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public or private property. If a public trash or recycling receptacle is full, persons are responsible for finding another lawful place to dispose of litter properly.
F. 
Duty of merchants. Merchants are required to use their own trash receptacles and not place business waste in the public trash receptacles.
G. 
Control at construction sites. No individual or person in charge of a construction site shall cause or allow any litter from the site to be deposited by the elements or otherwise upon any adjacent public or private property. During such time as the construction site is not actually being used, all litter shall be stored or deposited in a container or receptacle to the extent practicable in such a manner as to prevent the litter from being deposited upon adjacent property by the elements.
H. 
Pet waste. All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.[1]
[1]
Editor's Note: See also § 15-4 of Ch. 15, Animals, Art. I, Dogs.
I. 
Illegal dumping. No person will deposit materials which would normally be deposited at designated waste disposal facilities in any Town designated receptacles. Said receptacles are those designated for the disposal of small articles from pedestrian traffic only.
J. 
Dumpsters. Any person who controls, whether owned, leased, or operated, a permitted refuse container or dumpster must ensure that refuse is prevented from spilling out or overflowing. In addition, the person in control of the dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal stormwater system. Any items that are blown out of the dumpster should be collected immediately to prevent further scattering.
K. 
No person shall sell or distribute any balloon filled with a gas lighter than air without affixing an object of sufficient weight to the balloon or its appurtenance to counter the lift capability of the balloon.
L. 
Balloon releases. It shall be unlawful for any person, firm or corporation to intentionally release or organize the release of balloons inflated with a gas that is lighter than air with the Town of Camden except for:
(1) 
Balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.
(2) 
Hot air balloons that are recovered after launching.
(3) 
Balloons released indoors.
A. 
In accordance with Maine State Statute, persons violating this chapter have committed a civil violation and are subject to the following penalties:
(1) 
A person who disposes of less than 15 pounds or less than 27 cubic fee of litter shall be subject to a civil penalty of $200 for the first offense, $500 for the second offense, and $750 for the third and subsequent offenses.
(2) 
A person who disposes of more than 15 pounds up to 499 pounds, or between 27 cubic feet and 99 cubic feet of litter shall be subject to a civil penalty of $500 for the first offense, $1,000 for the second offense, and $1,500 for the third and subsequent offenses.
(3) 
A person who disposes of more than 500 pounds or more than 100 cubic feet of litter for commercial purposes is subject to the penalties under Title 38 M.R.S.A. § 349.
B. 
When any litter is thrown or discarded from a vehicle, both the operator of the vehicle and the person actually disposing of the litter are in violation of this chapter. If a person dumps litter from a commercial vehicle, that person is presumed to have dumped the litter for a commercial purpose.
In addition to the penalties imposed in § 144-4 of this chapter, the court and/or Chief of Police may order a person to perform one or more of the following:
A. 
Remove all litter dumped in violation of this chapter;
B. 
Pay the owner of the property or, in the case of public property the Town, triple the cost of cleanup and removal;
C. 
Pay the person or, in the case of public property the Town, sustaining damages arising out of a violation of this chapter, amounting to triple the actual damages or $200, whichever is greater, plus the injured party's court costs and attorney fees if action results in a civil proceeding;
D. 
Perform public service relating to the removal of litter or to the restoration of the area polluted.
A. 
Any person who is charged with violating this chapter may choose to pay a waiver fee to the Town as an alternative to having the Town proceed with prosecution of the complaint in court. The waiver fee must be received at the Town Office within 30 days following issuance of the summons. Waiver fees that are tendered more than 30 days after issuance of the summons shall only be accepted by the Town upon payment of an additional sum of money equal to any expenses and fees that have been incurred by the Town in preparation for the court hearing. If the waiver fine is paid, no appearance in court shall be required. If the offender pays the waiver fine, the matter will be closed in the Camden Police Records system and listed as a prior offense for future violations.
B. 
If the offender chooses not to pay the waiver fine, he/she shall appear in court on the specified date to answer for the chapter violation. If the offender is found to have committed the offense in court, fines, applicable court fees, attorneys' fees, and prosecution costs may apply.
C. 
The waiver fee schedule shall be equal to 1/2 of the civil penalty.