For the purpose of this article, the following terms shall have the following meanings, unless otherwise defined herein:
Brush.
Tree and shrub trimmings which exceed three feet in length or width.
Bulky items.
Furniture, freezers, refrigerators, stoves, hot-water heaters, air conditioning units, heating units, and any other appliances or items of like kind or same.
Commercial containers.
Metal containers supplied by the town or a contractor affording capacity to service a customer so as to prevent spillage and unsightly and unsanitary conditions.
Contractor.
A person performing refuse collection pursuant to a contract with the town.
Curbside.
Within six feet of the curb of the street bearing the residential address of a residence.
Debris.
Dirt, concrete, rocks, bricks, large pieces of steel, and other waste building materials.
Disabled person.
A person who has presented to the town a written statement from a physician that all members of the person’s household are disabled so that they are unable to place the garbage container at curbside.
Garbage.
Refuse animal or vegetable matter (as from a kitchen or food processing facility), grass clippings, leaves, ashes, paper, bottles, cans and any other waste which is damp or capable of emitting noxious odors.
Hazardous waste.
All fecal material, oil, sludge, radioactive, pathological, toxic, acidic or volatile materials, or other waste, chemical compound, or mixture designated by the United States Environmental Protection Agency or the state to be “hazardous” as that term is defined by federal or state law.
Litter.
Any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste which may be classed as trash, debris, rubbish, refuse, garbage or junk, not placed in a solid waste container.
Person.
An individual, firm, corporation, company, partnership, or other entity of any kind.
Premises.
Places of business, offices, theaters, hotels, restaurants, trailer camps, apartments, clinics, schools, industries, private residences, vacant lots and all other places within the town where garbage, refuse or rubbish accumulates.
Private property.
Includes, but is not limited to, the following locations owned by private individuals, firms, corporations, institutions or organizations: yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities.
Public property.
Includes, but is not limited to, the following exterior locations: streets, street medians, roads, road medians, catchbasins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, municipal vacant lots, parks, other publicly owned recreation facilities, and bodies of water.
Recyclable materials.
(1) 
Newspapers, magazines and catalogs, excluding other paper items, such as mail, paper bags or other paper;
(2) 
Glass bottles and jars, excluding mirrors, windows, ceramics and other glass products;
(3) 
Metal cans composed of tin, steel, or aluminum (excluding scrap metals); and
(4) 
Plastic containers of polyethylene, terephthalate and high density polyethylene varieties, also designated as #1, #2 or #3 clear plastics.
Recycling container.
The container provided by the town or the town’s contractor for the collection of recyclable materials.
Refuse.
Trash other than and excluding garbage, debris and brush refuse; includes rags and rubbish and trash normally generated in residential or commercial use but does not include hazardous waste.
Rubbish.
Tin cans, bottles, glass, and scraps of iron, tin, wire, or any other metals.
(1999 Code, sec. 6.501)
Except as provided in section 7.05.007 of this division, every person who owns, occupies, or controls any premises, or any place where garbage accumulates, shall provide a portable garbage container meeting the requirements of the town or the town’s contractor. The daily accumulation of garbage and refuse shall be placed in plastic garbage bags and placed in the appropriate garbage container.
(Ordinance 21-0624 adopted 6/24/21, effective 6/24/21)
(a) 
Unless excused from such requirement pursuant to section 7.05.007 of this division, a person occupying a residence shall place the garbage container for collection at the location on the premises designated by the town or the town’s contractor not more than 12 hours before the scheduled collection day, or alternative day if the scheduled collection day falls on a holiday. Such garbage containers shall be removed from the curbside of the residence no later than 12 hours after the scheduled collection day or alternative collection day.
(b) 
Bulky items, brush, grass clippings, and other yard waste shall be placed at the collection area designated by the town or the town’s contractor for collection not more than 12 hours before the scheduled collection day or alternative collection day as determined by the town or the town’s contractor. Any containers used for the disposal of bulky items, brush, grass clippings and other yard waste shall be removed from the collection location no later than 12 hours after the scheduled collection day or alternative collection day.
(Ordinance 21-0624 adopted 6/24/21, effective 6/24/21)
(a) 
Garbage containers shall be kept in a sanitary condition and closed tightly. The contents of all containers shall be so protected that the wind cannot blow and scatter contents over the streets, alleys and premises of the town.
(b) 
The total weight of any garbage container may not exceed the total weight designated by the town or the town’s contractor.
(1999 Code, sec. 6.504)
(a) 
A person shall not remove any item from a garbage container, trash receptacle or recycling container which has been placed at the designated collection location of any residence or business.
(b) 
A person shall not tamper with any garbage can, trash receptacle or recycling container which has been placed at the designated collection location of any residence or business.
(c) 
The provisions of subsections (a) and (b) above shall not apply to:
(1) 
Town employees who may be required to take such action in order to provide town services;
(2) 
Persons employed by a corporation which has a franchise or contract with the town to collect garbage, trash, or recyclable materials; or
(3) 
The owner of the real property on which the garbage container or recycling container is placed.
(1999 Code, sec. 6.505)
(a) 
A person occupying a residence shall place the recycling container at the designated collection location not more than 12 hours before the scheduled recycling collection day, or alternative day if the scheduled collection day falls on a holiday.
(b) 
A person operating a business shall place the recycling container at the collection location designated by the town or the town’s contractor.
(1999 Code, sec. 6.506)
Any person who owns, occupies, or controls any premises, or any place where garbage accumulates, may refuse town service for collection of garbage or recyclable materials from his or her premises upon certification to the town that collection of solid waste shall not be performed by any firm other than the contractor.
(Ordinance 21-0624 adopted 6/24/21, effective 6/24/21)
A person who owns or controls a business or other place where the daily accumulation of garbage, refuse and rubbish is more than the ordinary quantities incident to a single-family residence shall not be included in the residential service. Except as provided in section 7.05.007 of this division, a person who owns or controls a business shall remove same in the manner and by the method directed by the town or the town’s contractor, at his own expense.
(Ordinance 21-0624 adopted 6/24/21, effective 6/24/21)
(a) 
Except as provided in section 7.05.007 of this division, every owner, tenant, or lessee of a house or building used for business, commercial, or industrial purposes shall arrange for the removal of garbage and refuse from the premises as determined by the town or its contractor.
(b) 
A person occupying a residence shall prepare for the collection of garbage and refuse to be made as often as may be necessary to comply with sanitary regulations of the town. Except as provided in section 7.05.007 of this division, the time of such collections shall be determined by the town or town’s contractor.
(Ordinance 21-0624 adopted 6/24/21, effective 6/24/21)
(a) 
Every person who owns, occupies or controls any premises within the town shall have garbage and refuse removed. The town will provide solid waste collection and disposal services through the contractor to all residential units and all commercial customers in the town. These services will be provided solely through the contractor. If a solid waste collection container is placed within the town by any firm other than the contractor, the container will be subject to removal and storage at the expense of the other firm. The town will provide recyclables collection and disposal services through the contractor to all residential units in the town. These services will be provided solely by the contractor. If a recyclables collection container is placed within the town by any firm other than the contractor, the container will be subject to removal and storage at the expense of the other firm.
(b) 
The town or its contractor shall charge, assess and collect, or arrange for collection, from each person having ownership or control of any premises within the town such service charges as are approved by the town council or its contractor for solid waste and/or recyclable collection and disposal, including such sales tax as may be provided by law.
(1999 Code, sec. 6.510)
A person who places recyclable materials for collection by the town or the town’s contractor shall:
(1) 
Drain water and other liquids from recyclable materials before placing in a recycling container;
(2) 
Load the recycling container so that it does not exceed the weight designated by the town or the town’s contractor; and
(3) 
Maintain the recycling container so that its contents are not scattered by wind or animals.
(1999 Code, sec. 6.511)
The owner or person controlling the heavy accumulation of heavy, bulky material such as brick, broken concrete, lumber, ashes, dirt and plaster, sand or gravel, automobile frames or parts, dead trees, and other bulky, heavy material shall dispose of such at his expense, under the direction of the town or its contractor.
(1999 Code, sec. 6.512)
No collecting of garbage and refuse, rubbish, brush or tree limbs will be made when the garbage is not prepared for collection and placed as designated by the terms of this article.
(1999 Code, sec. 6.513)
(a) 
A person shall prepare brush, tree limbs and cuttings in bundles not more than three feet in length in order to receive regular collection service.
(b) 
The town or its contractor may arrange for the collection of tree limbs and hedge cuttings which do not meet the requirements of subsection (a).
(1999 Code, sec. 6.515)
Any police officer of the town may enforce the provisions of this article. In addition, town inspectors, in the course and scope of their normal duties, are authorized to enforce any sections of this article which they are authorized by law to enforce.
(1999 Code, sec. 6.538)
(a) 
Deposit of litter prohibited.
It shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the town, except in containers lawfully provided therefor.
(b) 
Presumption regarding violation by driver of vehicle.
In the prosecution charging a violation of this article by the driver of a vehicle at the time of such violation where the driver was not readily identifiable by the police officer, town inspector, or other complaining party, there shall be a presumption that the registered owner was the person who committed the violation.
(c) 
Containers required.
To facilitate proper disposal of litter by pedestrians and motorists, publicly patronized or used establishments shall provide adequate containers that are regularly emptied and maintained in good condition and that meet standards prescribed by the town. This requirement shall be applicable, but not limited to, fast food outlets, shopping centers, convenience stores, supermarkets, service stations, commercial parking lots, and public institutions.
(1999 Code, sec. 6.531)
(a) 
It shall be unlawful for any person, firm, corporation, institution or organization to transport any loose cargo by truck or other motor vehicle within the corporate limits of the town unless said cargo is covered and secured in such manner as to prevent depositing of litter on public and private property.
(b) 
The duty and responsibility imposed by subsection (a) above shall be applicable alike to the owner of the truck or other vehicle and to the operator thereof.
(c) 
In the prosecution charging a violation of this section, lack of adequate covering and securing shall in itself constitute prima facie proof a violation has been committed.
(1999 Code, sec. 6.532)
(a) 
Any owner or occupant of an establishment or institution at which litter is attendant to the packing and unpacking and loading and unloading of materials at exterior locations shall provide suitable containers for the disposal and storage of such litter and shall make appropriate arrangements for the collection thereof.
(b) 
Further, it shall be the duty of the owner or occupant to remove at the end of each day any litter that has not been containerized at these locations.
(1999 Code, sec. 6.533)
(a) 
All establishments and institutions which generate solid waste for collection by approved contractors shall provide adequate containers approved by the town or its contractors, and such containers shall not be visible from adjacent public or private property.
(b) 
Containers shall be kept covered at all times.
(c) 
Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the town. Failure to do so within five days of such notification shall constitute a violation of this section.
(d) 
It shall be unlawful for any owner, manager or employee of a commercial establishment or institution to deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.
(1999 Code, sec. 6.534)
(a) 
It shall be the duty of the owner, agent, occupant or lessee to keep exterior private property free of litter. This requirement applies not only to removal of loose litter, but to materials that already are, or become, trapped at such locations as fence and wall bases, grassy and planted areas, borders, embankments, easements or rights-of-way and other lodging points.
(b) 
Owners, agents, occupants or lessees whose properties face on town sidewalks or strips between streets and sidewalks (parkways) shall be responsible for keeping those sidewalks and strips free of litter.
(c) 
It shall be unlawful to sweep or push litter from sidewalks and strips into streets. Sidewalks and strip sweepings must be picked up and put into household or commercial solid waste containers.
(d) 
It shall be the duty of every nonresident owner of a vacant lot or other vacant property to appoint a resident agent in the county who shall have responsibility for keeping that lot or other property free of litter.
(e) 
If, after due warning, citation or summons, an owner, agent, occupant or lessee fails to remove litter from any private property, the town is authorized to serve written notice to the owner or his appointed agent that, if the condition is not corrected within ten days, the property will be cleaned by the town and the owner or his appointed agent billed for the cost thereof. If the bill is not paid within 30 days, execution may be issued by the town against the property for the amount of the cleaning charge, and such execution shall constitute a lien on the property until the claim has been satisfied.
(1999 Code, sec. 6.535)
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon any vehicle. It shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a commercial or noncommercial handbill to any occupant of a vehicle who is willing to accept it.
(1999 Code, sec. 6.536)
(a) 
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises.
(b) 
The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed on private property in such manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(1999 Code, sec. 6.537)