City of Haverhill, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Haverhill as Secs. 23-7, 23-12, 23-13, 32-44, 32-45, 32-46, 32-47 and 22-76 of the 1963 City Code (Ch. 173 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Street obstructions — See Ch. 222, Art VIII.
No person shall throw, drop, scatter or let fall or cause to be thrown, dropped, scattered or let fall on or in any street or way any bottle, glass, rubbish, sharp or pointed substance of metal, porcelain or earthenware or anything dangerous or destructive in any way to such streets or ways or to persons or vehicles traveling or passing thereon.
No person shall cast, throw, drop, place or deposit on any sidewalk, street, way or public place in the City the peel, skin or any part or portion of any fruit or vegetable or any other substance which when stepped on by any person might cause him to slip or fall.
The proprietor of every store or other place where fruit, vegetables or such other substances mentioned in the preceding section are sold or kept for sale shall keep suspended therein, or posted thereon in some conspicuous place, a copy of this section and of the preceding section, printed in large type, so that all persons purchasing any fruit or other substance mentioned in such sections may be made aware of the provisions thereof.
[Amended 7-10-2007 by Doc. 76]
The Superintendent of Highways shall have charge of the care and clearing of streets and ways within the City. The Board of Health, unless provided for by contract, shall have charge of the removal therefrom and disposal of all refuse, and of the collection, removal and disposal of all house dirt, ashes, waste and rubbish, except swill and offal, from estates, making therefor such rules and regulations as it may deem proper and necessary.
A. 
No person shall place or permit to remain on any street, sidewalk or other public place any box, can, crate, cask, barrel, board, sign or any other thing, except boxes, cans, barrels or other approved receptacles containing house dirt, paper, rubbish or ashes to be removed in accordance with the rules and regulations of the Board of Health, or containing swill or offal to be removed in accordance with the rules and regulations of the Board of Health, and then only on such day or days of the week as may be appointed for the regular collection by the Board of Health of such house dirt, paper, rubbish or ashes, or such swill or offal, on or in the several streets or sections of the City.
B. 
All house dirt, paper or other loose material or rubbish, ashes, swill or offal deposited in barrels, boxes, cans or other receptacles and placed in or near streets, sidewalks or other public places for collection or removal as hereinbefore provided shall be so packed and placed as to prevent any such house dirt, paper or other loose material or rubbish, ashes, swill or offal from being blown or otherwise deposited upon the streets, sidewalks or other public places or upon the property of others, and all such barrels, boxes, cans or other receptacles shall be promptly removed from the streets, sidewalks or other public places after the collection or removal of their contents has been accomplished.
C. 
Papers of every description shall not be mingled with other materials and shall be offered for collection in separate containers.
No person shall throw, place, deposit or cause to be thrown, placed or deposited in or on any street, sidewalk or other public place in the City or in or on any yard, vacant lot or building or part of a building in such manner that it may be blown, carried or otherwise deposited in or on any street, sidewalk or other public place or into or upon the property of others any paper, house dirt, ashes, filth or any kind of refuse or rubbish; nor scatter or distribute or cause to be distributed in any such manner as may result in scattering, any handbills, circulars, pamphlets, advertisements or any other papers.
[Amended 7-10-2007 by Doc. 76]
No person shall without the written permission and under the direction of the Superintendent of Highways, except as otherwise provided in this Code, sprinkle, put or place any earth, dirt, gravel, sand, cinders, ashes, sawdust, salt or mixture of salt or any other substance in or on any street, sidewalk or other public place, or upon the tracks or rails within any street, or wash such tracks or rails or cause them to be washed with brine or pickle.
No vehicle shall be driven or moved on any street or highway nor shall any owner of any vehicle knowingly permit such vehicle to be driven or moved on any street or highway unless such vehicle is so constructed or so loaded as to prevent its contents from spilling, dropping, sifting, leaking or otherwise escaping therefrom. Vehicles loaded with any material which may be blown about by wind shall be suitably covered to prevent the contents from being blown upon the streets or highways.
[Added 4-22-2008 by Doc. 56 ]
A. 
The tenant or occupant, and, in case there shall be no tenant or occupant, the owner, agent or person having the care or custody of any building or lot abutting on any street, lane, court, square or way within the Commercial Central (CC) zoning districts of the City where there is any footway or sidewalk duly established, shall not permit any trash, garbage or refuse to be maintained on the footway or sidewalk area at any time. Footway and sidewalk areas shall at all times be maintained in a clean and orderly condition.
B. 
No person shall throw or place, or cause to be thrown or placed, in a street or way any trash, garbage or refuse that has accumulated on any footway or sidewalk.
C. 
Whenever any sidewalk or footway is maintained contrary to the provisions of this section, it shall be the duty of the Board of Health to notify or cause to be notified the person responsible therefor, and if the provisions of this section are not complied with within 24 hours from the time of service of the above notice, the person shall be punished by a fine of not more than $50 for each offense and a like fine for each day's continuance of such violation.
[Added 8-7-2018 by Doc. 92]
A. 
Definitions.
CHECKOUT BAG
A carryout bag provided by a store to a customer at the point of sale. Checkout bags shall not include:
(1) 
Bags, whether plastic or not, in which loose produce or products are placed by a consumer to deliver such items to the point of the sale or checkout area of a retail establishment; or
(2) 
Laundry or dry-cleaner bags; or
(3) 
Newspaper bags; or
(4) 
Bags used to contain or wrap frozen foods, meat or fish, whether prepackaged or not, to prevent or contain moisture.
RECYCLABLE BAG
A paper bag that is:
(1) 
One-hundred-percent recyclable, including the handles;
(2) 
Contains at least 40% post-consumer recycled paper content; and
(3) 
Displays 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.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured for multiple reuse and is either polyester, polypropylene, cotton or other durable material, or durable plastic that is at least 4.0 mils in thickness.
RETAIL ESTABLISHMENT
Any person, corporation, partnership, business venture, or vendor that sells or provides merchandise, goods or materials directly to a customer, whether for or not for profit, including but not limited to restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores, and household goods stores; however, the term "retail establishment," as used herein, does not include bazaars or festivals operated by nonprofit organizations or religious institutions, outdoor farmer's markets, or any establishments with an interior finished floor area under 3,000 square feet.
B. 
Requirements.
(1) 
If any retail establishment provides a checkout bag to customers, the bag shall comply with the requirements of being a recyclable bag or a reusable bag.
(2) 
A store that provides any type of checkout bag shall sell them for no less than $0.05 per bag. All moneys collected pursuant to this particular requirement shall be retained by the store.
(3) 
Any charge for a checkout bag shall be separately stated on a receipt provided to the customer at the time of sale and shall be identified as the "checkout bag charge" thereon.
(4) 
Within 60 days of the effective date of this section, the City shall make available to each senior citizen resident, as defined by Code § 206-1, one reusable bag without cost.
(5) 
The Department of Inspectional Services may promulgate rules and regulations to implement this section.
C. 
Enforcement.
(1) 
Consistent with this section, the Department of Inspectional Services shall promulgate regulations to enforce and otherwise implement the provisions of this section 90 days from the date of final approval of this section.
(2) 
If the City determines that a violation of this section has occurred at or by a retail establishment, such retail establishment shall be penalized by a noncriminal disposition as provided in § 1-16 of the Code.
(3) 
If it is determined that a violation has occurred, the City shall issue a warning notice to the retail establishment for the initial violation.
(4) 
If an additional violation of this section has occurred within one year after a warning notice has been issued for an initial violation, the City shall issue a notice of violation and shall impose a penalty against the retail establishment.
(5) 
The penalty for each violation that occurs after the issuance of the warning notice shall be:
(a) 
For the first offense: $100.
(b) 
For the second offense: $200.
(c) 
For the third offense and each subsequent offense: $300.
(6) 
No more than one penalty shall be imposed upon a retail establishment within a seven-calendar-day period.
(7) 
A retail establishment shall have 15 calendar days after the date that a notice of violation is issued to pay the penalty.
D. 
Exemption.
(1) 
The Department of Inspectional services may exempt a retail establishment from the requirements of this section for a period of six months from the effective date, per Subsection E below, upon a finding by the Director of Inspectional Services that the requirements of this chapter would cause undue hardship to a retail establishment. An "undue hardship" shall be found only in:
(a) 
Circumstances or situations unique to the particular retail establishment such that there are no reasonable alternatives to bags that are not recyclable bags, or reusable bags; or
(b) 
Circumstances or situations unique to the retail establishment such that compliance with the requirements of this chapter would deprive a person of a legally protected right; or
(c) 
Circumstances where a retail establishment requires additional time in order to draw down an existing inventory of single-use plastic check out bags. Any retail establishment receiving an exemption shall file with the Department monthly reports on inventory reduction and remaining stocks.
(2) 
Any retail establishment shall apply for an exemption to the Department of Inspectional Services using forms provided by the Department, and shall allow the Department access to all information supporting its application.
(3) 
The Director of Inspectional Services may approve the exemption request, in whole or in part, with or without conditions.
(4) 
The Department of Inspectional Services, by regulation, may establish a fee for exemption requests.
E. 
Effective date. All of the requirements set forth in this ordinance shall take effect:
(1) 
Six months from passage for retail establishments with an interior finished floor area of more than 8,000 square feet.
(2) 
Nine months from passage for retail establishments with an interior finished floor area between 3,000 and 8,000 square feet.
F. 
Severability. It is the intention of the City Council that each separate provision of this chapter shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this chapter be declared to be invalid by a court of competent jurisdiction, the remaining provisions of this chapter shall remain valid and enforceable.