ARTICLE I IN GENERAL

Finding. The town council finds that the unregulated consumption of alcoholic liquors and cannabis on town-owned or town-leased property has caused a serious impediment to the town, has further resulted in the congregation of large and disruptive crowds in these areas, and has posed a danger to the orderly and peaceful flow of both traffic and persons in these areas. The town council further finds that smoking and the use of electronic nicotine delivery systems and vapor products on town-owned or town-leased property poses a health risk and interferes with the public's enjoyment of these areas.

ELECTRONIC NICOTINE DELIVERY SYSTEM

Definitions. For the purposes of this section, the following terms shall be defined as follows:

ALCOHOLIC LIQUOR

Shall have the same meaning as ascribed to that term in G.S. § 30-1(3), as amended from time to time.

CANNABIS

Means marijuana as defined in G.S. § 21a-240, as amended from time to time.

DRUGS

Shall be defined as those substances as outlined in G.S. § 21a-240(8) and (9).

Shall have the same meaning as ascribed to the term(s) in G.S. § 19a-342a, as amended from time to time.

INTOXICATED

Shall be defined as requiring the exhibition of visible or perceivable symptoms from which an observer can discern that the person is under the influence of alcohol and/or drugs.

SMOKE or SMOKING

Shall have the same meaning as ascribed to the term(s) in G.S. § 19a-342, as amended from time to time.

TOWN-OWNED OR TOWN-LEASED PROPERTY

Means those buildings and grounds (including school buildings and grounds), parking lots, recreation areas, swimming pools, facilities, trails, open space, cemeteries and public parks and all walkways and sidewalks within and adjacent to buildings, grounds, parking lots, recreations areas, swimming pools, facilities, trails, open space, cemeteries and public parks which are owned or leased by the town. Town-owned or -leased property shall not include public highways, streets, roads or rights-of-way and those sidewalks within public rights-of-way.

VAPOR PRODUCT

Shall have the same meaning as ascribed to the term(s) in G.S. § 19a-342a, as amended from time to time.

Possession and consumption of alcoholic liquor prohibited. It shall be unlawful to possess, consume, sell, or distribute alcoholic liquor of any kind on town-owned or town-leased property.

Consumption of cannabis prohibited. It shall be unlawful to burn, smoke, consume, sell, or distribute cannabis of any kind on town-owned or town-leased property.

Public intoxication prohibited. It shall be unlawful to be intoxicated, or appear to be intoxicated, on town-owned or town-leased property.

Smoking and use of electronic nicotine delivery systems and vapor products prohibited. It shall be unlawful to smoke, consume tobacco or use an electronic nicotine delivery system or vapor product, sell or distribute any tobacco, nicotine delivery system or vapor product of any kind on town-owned or town-leased property.

(g)

Any person who violates any provision of this section shall, upon conviction, be punished in accordance with section 1-9 unless such other penalty is set by the Connecticut General Statutes.

[1]

Editor's Note: Ord. No. 316 also repealed former § 8-1, relating to alcoholic beverages on school grounds, adopted 2-27-1973 by Ord. No. 74.

§ 8-2 Use of explosive restricted.

[Ord. No. 146, 4-19-1983]

Definition. "Explosives" as that term is used in this section shall mean those compounds and mixtures defined as explosives in section 29-343 of the general statutes. No provision of this section shall apply to small arms ammunition or components thereof, or to gunpowder in quantities of not more than fifty (50) pounds in any one (1) place, or to any materials for handloading, reloading or custom loading small arms ammunition for hunting or other sporting purposes.

Generally. It shall be unlawful for any person to engage in the use of explosives within the town until such person has furnished to the fire marshal proof of financial responsibility sufficient to satisfy claims for damages resulting from physical injury or property damage which may be incurred as a result of any act or omission in the use of such explosives.

Proof of financial responsibility. The proof of financial responsibility required by this section shall be in such amount, character and form as the fire marshal deems necessary for the protection of the public, but in no event shall it be less than sufficient to satisfy claims for damages resulting from physical injury in the amount of two hundred fifty thousand dollars ($250,000.00) per person and five hundred thousand dollars ($500,000.00) per occurrence, and claims for damages resulting from property damage in the amount of two hundred thousand dollars ($200,000.00) per occurrence.

Certificate of insurance. Proof of financial responsibility may be satisfied by a liability insurance policy evidenced by a certificate of insurance filed with, and acceptable to, the fire marshal. Such policy shall cover public liability arising out of the use of explosives and have limits of coverage not less than those described in subsection (c) of this section. The insurer issuing such policy shall agree in writing to deliver to the fire marshal written notice of the cancellation of such insurance not less than ten (10) days prior to the effective date thereof, if such cancellation is to become effective prior to the termination of blasting operations.

Penalty. Any person violating any of the provisions of this section shall, upon conviction, be punished in accordance with section 1-9. Each time explosives are used in violation of any of the provisions of this section shall be a separate offense.

§ 8-3 Adult material and performances.

[Ord. No. 89, 12-16-1974]

Definitions. As used in this section, the following words and phrases shall have meanings ascribed to them in this subsection unless the context requires otherwise:

DISSEMINATE

Means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display.

MATTER

Means any printed material, visual representation, live performance or sound recording, including but not limited to: books, magazines, motion pictures, films, pamphlets, phonographic records, picture, tapes, photographs, figures, statutes, plays and dances.

PATENTLY OFFENSIVE

Means matter if taken as a whole:

Appeals to prurient interest of the average person;

Depicts or describes sexual conduct in a patently offensive way applying the contemporary standards of the state;

Lacks serious literacy, artistic, political or scientific value.

SEXUAL CONDUCT

Means human masturbation, sexual intercourse, actual or simulated, normal or perverted, or any touching of the genitals, pubic areas or buttocks of the human male or female, whether alone or between members of the same or opposite sex, or between humans and animals, any depiction or representation of excretory functions, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consumption of sexual intercourse, normal or perverted.

Dissemination of patently offensive matter prohibited; penalty. Whoever sells, distributes or disseminates or imports or loans or possesses with the intent to sell, or exhibit, prints or publishes for the purpose of selling or distributing a book, pamphlet, ballad, printed paper, phonographic record tape, record, print, picture, movie, figure, image, or description which depicts or describes: (1) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or (2) Patently offensive representation or descriptions of masturbation, excretory functions, lewd exhibitions of the genitals; shall be punished in accordance with section 1-9.

Promotion, performance of patently offensive acts prohibited; penalty. Whoever performs or promotes the performances of any act which depicts or describes:

Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or

Patently offensive representations or descriptions of masturbation, excretory functions, lewd exhibition of the genitals; shall be punished in accordance with section 1-9.

§ 8-4 Curfew for minors.

[Ord. No. 204, 8-2-1994; Ord. No. 222, 12-15-1998]

Purpose. The town council has found that the incidence of crimes committed by and against minors is increasing and has determined that a curfew ordinance is necessary and desirable. The council has also determined that persons under the age of eighteen (18) are particularly susceptible by their lack of maturity and experience to participate in unlawful activities and to be victims of older perpetrators of crime. The Town of Vernon recognizes that it has a moral and legal obligation to:

Protect minors from each other and from other persons on the streets during nocturnal hours;

Promote parental responsibility for and supervision of minors; and,

Protect the general public from nocturnal mischief and crime committed by minors.

Therefore, a curfew for those under the age of eighteen (18) will be in the interest of the public health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the Town of Vernon.

Definitions. For the purpose of this section the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory.

CURFEW HOURS

For minors under eighteen (18) years old, curfew hours shall be between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 5:00 a.m. of the following day and 12:01 a.m. until 5:00 a.m. on any Saturday or Sunday.

EMERGENCY

An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT

Any privately owned place of business operating for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

GUARDIAN

A person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by the court.

MINOR

Any person under eighteen (18) years of age.

PARENT

A person who is a natural parent, adoptive parent, or step-parent of another person, or at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

PUBLIC PLACE

Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.

REMAIN

To linger or stay, or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

Offenses.

Curfew for minors. It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place or establishment in the town during curfew hours unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian, or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation, or unless the minor is exercising his/her First Amendment rights.

Parent's responsibility. It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of sixteen (16) to suffer or permit or by inefficient control to allow such person to be on the streets or sidewalks or on or in any public property or public place or establishment within the town during the curfew hours. However, the provisions of this section do not apply to a minor accompanied by his or her parent, guardian, custodian or other adult person having the care, custody or control of the minor, or if the minor is on an emergency errand or specific business or activity directed by the minor's parent, guardian, custodian or other adult having the care and custody of the minor or if the parent, guardian or other adult person herein has made a missing person notification to the Police Department.

Special functions. Any minor attending a special function or event sponsored by any religious, school, club, or other organization that requires such minor to be out at a later hour than that called for in this section shall be exempt from the provisions of this section provided such minor has the approval of his or her parent or guardian to attend said function or event. Such minors who attend said function or event shall be required to be in their homes or usual places of abode within one half hour after said function or event is ended.

Procedures.

For minors sixteen (16) years and older. Any police officer upon finding a minor sixteen (16) years and older in violation of this section may issue the minor an infraction citation for the violation and subject to the fines as set forth in subsection (f)(3). The police officer shall report such action to the chief of police or his or her designate who in turn shall notify the parents, guardian, or person having custody of such minor.

For minors under the age of sixteen (16) years.

Any police officer upon finding a minor under the age of sixteen (16) years in violation of this section shall ascertain the name and address of such minor and warn such minor that he or she is in violation of curfew and shall direct such minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the chief of police or his or her designate who in turn shall notify the parents, guardian, or person having custody or control of such minor.

If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address, or if such minor has been warned on a previous occasion that he or she is in violation of curfew, he or she may be taken to the police department and the parent, guardian, or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor.

Penalties.

Generally. Any person violating a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted.

For minors sixteen (16) years of age and older. Violation of any provision of this section shall be deemed an infraction with a fine of not more than fifty dollars ($50.00) for the first offense. Seventy-five dollars ($75.00) for the second offense and ninety dollars ($90.00) for all subsequent offenses.

For minors under the age of sixteen (16) years. Violation of subsection (c)(2) by any parent, guardian or other adult person having the care and custody of a minor after having been previously notified under subsection (e) shall be deemed an infraction.

Said parent, guardian or other adult person shall be fined not more than fifty dollars ($50.00) for the first offense, seventy-five dollars ($75.00) for the second offense and ninety dollars ($90.00) dollars for all subsequent offenses.

It shall not constitute a defense that such parent, guardian, or other adult person did not have knowledge of the presence of the minor upon any of the establishments or public places.

Notwithstanding any other provisions of this section, any minor under the age of sixteen (16) violating the provisions of this section may be referred to juvenile authorities and dealt with in accordance with the juvenile court law and procedure.

(g)

Severability. Severability is intended throughout and within the provisions of this section. If any provision, including, inter alia, any exception, part, phrase or term or the application to any person or circumstances is held to be invalid, other provisions or the application to other person or circumstances shall not be affected thereby.

(h)

Duration.

This section shall be reviewed by town council annually and at such time the town council may proceed to amend or repeal said ordinance if it so chooses.

This section shall be effective for not more than ten (10) years from the date of adoption at which time, if the town council does not or has not acted to renew the section, the section shall be deemed repealed.

§ 8-5 Loitering.

[Ord. No. 207, 9-20-1994]

Definitions. For the purposes of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory.

LOITERING

Remaining idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around and shall also include the colloquial expression "hanging around."

PUBLIC PLACE

Any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas, or parks.

Offenses.

It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such a manner as to:

Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.

Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress, therein, thereon and thereto.

It shall be unlawful for any person or group of persons to loiter on the grounds or within any building of a school within the town so as to in any way impede, interfere with or interrupt the operation of any school or class within such school. Any person in charge of such school or his or her designee may order any person violating this subsection to immediately quit said premises.

It shall be unlawful for any person to loiter on private property:

If the property owner or tenant has posted the property with prominent "NO LOITERING" signs or other notices of like meaning at the entrance or entrances; or

The person to be charged with loitering has been asked by the owner or tenant of the property, by an employee of the owner or tenant, by a security officer, or by a law enforcement officer to leave the property and has failed to leave.

Procedure. Whenever any police officer, in the exercise of reasonable judgment, shall decide that the presence of any person in any public place upon which the appropriate sign has been posted or on private property upon complaint of the owner thereof is causing or is to cause any of the conditions enumerated in subsection (b) herein, said police officer shall, if he or she deems it necessary for the preservation of the public peace and safety, order the person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.

Penalty. Any person who violates the provisions of this section shall be fined not more than seventy-five dollars ($75.00) for each offense. Each and every violation of this section shall constitute a separate offense.

Severability. The various provisions of this section are to be considered as severable, and if any part or portion of this section shall be held invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this section.

Duration.

This section shall be reviewed by town council annually and at such time the town council may proceed to amend or repeal said section if it so chooses.

This section will be effective for a period of not more than ten (10) years from the date of adoption. If the town council does not act to renew the section, the section is repealed.

§ 8-6 Litter.

[Ord. No. 309, 4-8-2018]

Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given in this subsection:

AIRCRAFT

Means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include drones, helicopters and lighter-than-air dirigibles and balloons.

COMMERCIAL HANDBILL

Means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:

Advertises for sale any merchandise, product, commodity or thing;

Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;

Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when any of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such is or may be required by any law of this state, or under any ordinances of this town; or

(4)

While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

GARBAGE

Means offal, swill, all kinds of house garbage, animal and vegetable matter, and all other refuse or waste liable to decay.

LITTER

Means "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.

NEWSPAPER

Means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Postal Service of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.

NONCOMMERCIAL HANDBILL

Means any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a "commercial handbill" or "newspaper."

PARK

Means a park, reservation, playground, beach, recreation center or any other public area in the town, owned or used by the town and devoted to active or passive recreation.

PERSON

Means any individual, firm, partnership, association, syndicate, company, trust, corporation, limited liability company or other legal entity of any kind.

PRIVATE PREMISES

Means any dwelling, house, building, or other structure, designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, ground, walk, driveway, porch, step, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

PUBLIC PLACE

Means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

REFUSE

Means all putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator residue, street cleanings, dead animals, abandoned automobiles and shopping carts and solid commercial and industrial wastes.

RUBBISH

Means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials, but shall not include property maintained compost.

VEHICLE

Means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

Littering in public places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the town except in public receptacles, in authorized private receptacles for collection, or in official town disposal areas.

Placing of litter in receptacles to prevent scattering. Persons placing litter in public receptacles or in private 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 place or upon private property.

Sweeping litter into public places; duty to keep sidewalks clean. No person shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

Merchants to keep sidewalks and public places free of litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the town shall keep the sidewalk in front of their business premises free of litter.

Throwing litter from vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the town or upon private property.

(g)

Vehicles causing litter. No person shall drive or move any truck or other vehicle within the town unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the town, the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.

(h)

Litter in parks. No person shall throw or deposit litter in any park within the town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.

(i)

Littering fountains or bodies of water. No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or other body of water in a park or elsewhere within the town.

(j)

Depositing handbills on uninhabited premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which is temporarily or continuously uninhabited or vacant.

(k)

Distributing handbills at posted premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on such premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any matter that the occupants of such premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.

(l)

Distributing handbills at inhabited private premises.

Manner of delivery. 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; provided, however, that, in case of inhabited private premises which are not posted, as provided in this section, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.

Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

(m)

Dropping litter from aircraft. No litter, handbill or any other object shall be dropped from an aircraft within the town.

(n)

Posting notices prohibited. No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.

(o)

Litter on occupied private property. 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.

(p)

Duty to maintain premises free of litter. The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in private receptacles for collection.

(q)

Litter on vacant lots. No person shall throw or deposit litter on any open or vacant private property within the town whether owned by such person or not.

(r)

Clearing litter from open private property by town; costs.

Notice to remove. The chief building official is hereby authorized and empowered to notify the owner of any open or vacant private property within the town or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner at his last known address.

Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within ten (10) days after receipt of written notice provided for in subsection (r)(1) above, or within ten (10) days after the date of such notice in the event the same is returned to the town post office because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the chief building official is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the town.