[HISTORY: Adopted by the Council of the Town
of Mount Airy as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-13-2005by Ord. No. 2005-6[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Storage and Collection, derived from Sec. 2-5, Art.
2 of the former codification adopted 1-13-1963.
A.Â
The purpose of this article is to protect, maintain
and enhance the public health, safety and general welfare by establishing
requirements and procedures relating to the collection and disposal
of solid waste in the Town of Mount Airy.
B.Â
Prior to the enactment of this article, the Sanitation
and Recycling Commission undertook a detailed review and analysis
of information relating to the collection and disposal of solid waste
and, based on such review, issued a report and recommendation to the
Mayor and Council on April 4, 2005.
C.Â
Article XI-E of the Maryland Constitution, Article
23A of the Annotated Code of Maryland and the City's Charter authorize
the City to enact ordinances for the protection and promotion of public
safety, health, morals and welfare.
As used in this article, the following terms
shall have the meanings indicated:
Large items of refuse, including but not limited to appliances,
furniture, large auto parts, trees, branches and stumps and construction
and remodeling waste which cannot be handled by normal municipal waste
processing, collection or disposal methods.
The Clerk for the Town of Mount Airy, Maryland.
An establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
A portable device in which solid waste is held for storage
or transportation.
The individual or entity with whom the Town has contracted
to provide municipal waste collection and/or recycling services within
the Town limits.
The Town Council member appointed as liaison to the Recycling
and Sanitation Commission.
The deposit, placement, drainage, dumping, spilling or leaking
of solid waste into or on the land or water within the Town in a manner
that solid waste or a constituent of the solid waste enters the environment,
is emitted into the air or is discharged to the waters.
An enclosed device using controlled combustion for the primary
purpose of thermally destructing solid waste.
An establishment engaged in institutional service, including,
but not limited to, hospitals, nursing homes, life-care communities,
care homes, orphanages, schools and universities.
All rubbish, solid waste, refuse, garbage, trash, debris,
dead animals or other discarded materials of every kind and description.
A building containing four or more dwelling units.
All garbage, refuse and other discarded materials, including
solid, liquid, semisolid or contained gaseous materials resulting
from residential, commercial, industrial and municipal activities.
The Maryland State Police or such other law enforcement agency
which, by cooperative agreement, provides general police protection
to the Town.
Contamination of air, water, land or other natural resources
which will create or is likely to create a public nuisance or to render
such air, water, land or other natural resources harmful, detrimental
or injurious to public health, safety or welfare or to domestic, municipal,
commercial, industrial, agricultural, recreational or other legitimate
beneficial uses or to livestock, wild animals, birds, fish or other
life.
Technology used for the purpose of reducing the volume or
bulk of refuse and/or municipal waste or technology used to convert
part or all of such materials for off-site reuse. Processing facilities
include but are not limited to transfer facilities, composting facilities,
incinerators and resource recovery facilities.
The right-of-way of any road or highway; any body of water
or watercourse or the shores or beaches thereof; any park, parking
facility, playground, building, refuge or conservation or recreation
area; any residential or farm properties, timberlands or forest.
Source-separated materials that are authorized or required
by the contractor to be separated from the municipal waste for the
purpose of recycling. Recyclables include, but are not limited to,
metal, glass and plastic consumer product containers or packaging,
newsprint and cardboard.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, plastics and other materials which would otherwise
be disposed of or processed as municipal waste.
Single-family detached, single-family semidetached and single-family
attached residential housing units and apartments with three or fewer
units.
Solid and semisolid refuse, such as but not limited to ash,
ceramics, glass, metal and organic substances, remaining after incineration
or combustion processing.
Garbage, refuse and other discarded materials, including
but not limited to solid, semisolid, liquid and contained gaseous
materials resulting from municipal, industrial, commercial, agriculture
and residential activities.
The entire process or a part thereof of storage, collection,
transportation, processing, treatment and disposal of solid wastes
by a person engaging in the process.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
The containment of waste on a temporary basis which does
not constitute disposal of the waste.
The Town of Mount Airy, Maryland.
Buildings and facilities owned or leased by the Town of Mount
Airy.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials.
This article shall be administered by the Town
Council member appointed as liaison to the Recycling and Sanitation
Commission who shall be referred to herein as the "Director." The
Director, subject to approval of the Council, may establish regulations
regarding the collection or disposal of solid waste, including recyclables.
Upon approval by resolution of the Council, any such regulation shall
have the force and effect of law, and any violation thereof is declared
to be a municipal infraction. The penalty for violation shall be a
fine of $25 for each offense. These regulations may include, among
other subjects, the days and hours and routes for collection of solid
waste, including recyclables; the specifications for solid waste containers
and recyclables bins, and the times and manner in which they shall
be set out for pickup of the contents thereof by the collectors and
removal of such containers after they have been emptied; preventing
the mixture of certain types of solid waste in any one container;
limiting the amount of solid waste or the number of containers that
may be set out for any one premises at any one time; the imposition
of reasonable fees to cover the costs of the administration of the
article, including the cost of licensing and inspection; and such
other matters as may be deemed appropriate. Copies of any such regulations
shall be maintained by the Director at Town Hall and are available
for inspection during regular hours of business.
A.Â
It shall be unlawful for any person to engage in the
business of collecting or disposing of solid waste within the confines
of the Town unless such person shall have obtained a permit from the
Clerk for collection and any other permits required by federal, state
and county law.
B.Â
It shall be unlawful for any person to operate as
a collector or hauler of solid waste within the Town except as provided
in this article. This subsection shall not be construed to prevent
a person from disposing of his own solid waste at a municipal waste
disposal or processing facility, provided that it is transported in
a manner to prevent spillage.
C.Â
The Clerk is authorized to issue permits under this
section upon the filing of an application for a permit. Such application
shall be filed on forms furnished by the Clerk and contain such information
as he shall prescribe. The application shall be accompanied by a permit
fee in the amount of $100 and, if approved, shall remain valid for
a period of one year.
D.Â
Any violation of any subsection of this section is
declared to be a municipal infraction. The penalty for violation shall
be a fine of $400 for each offense.
A.Â
The Town shall provide for the collection and disposal
of solid waste, including recyclables, for residential units within
the Town. The Council may enter into a contract or contracts with
permitted collectors to perform all or part of such collection and
disposal.
B.Â
Regular collection service shall not include removal of items such as tires, crates, refrigerators, stoves, air conditioners, furniture, pipe, auto parts, mufflers, trees and other similar bulky items. Further, regular collection service shall not include recyclables, lawn clippings, leaves or shrubbery. Owners or occupants of any premises shall have these items removed as provided in § 64-7.
C.Â
Owners and occupants of any residential premises provided solid waste disposal services by the Town shall separate recyclables from their other solid waste and shall place such recyclables as identified by the Town in a recyclables container or as otherwise provided by the Director pursuant to regulations promulgated under § 64-3 of this article. Willful failure to comply with this subsection is declared to be a municipal infraction subject to a fine of $100 for each violation.
[Amended 11-1-2010 by Ord. No. 2010-11]
A.Â
The Town shall provide for the collection and disposal
of solid waste, including recyclables, for nonresidential premises
within the Town. The Council may to enter into a contract or contracts
with permitted collectors to perform all or part of such collection
and disposal.
B.Â
Regular collection service shall not include removal of items such as tires, crates, refrigerators, stoves, air conditioners, furniture, pipe, auto parts, mufflers, trees and other like items. Further, regular collection service shall not include recyclables, lawn clippings, leaves or shrubbery. Owners or occupants of any premises shall have these items removed as provided in § 64-7.
C.Â
Owners and occupants of any nonresidential premises provided solid waste disposal services by the Town shall separate recyclables from their other solid waste and shall place such recyclables as identified by the Town in a recyclables container or as otherwise provided by the Director pursuant to regulations promulgated under § 64-3 of this article. Willful failure to comply with this subsection is declared to be a municipal infraction subject to a fine of $100 for each violation.
[Amended 11-1-2010 by Ord. No. 2010-11]
D.Â
Each nonresidential premises shall be entitled to:
(1)Â
One weekly pickup of not more than 120 gallons of
solid waste on a date and time to be determined by the Director.
F.Â
As used herein, the term "nonresidential premises"
shall refer to premises which are not being used for single-family
detached, single-family semidetached or single-family attached residential
housing.
G.Â
In recognition of the disproportionate impact of multifamily
units upon the provision of refuse collection and recycling services
by the town, notwithstanding any contrary provision contained herein,
multifamily units shall be responsible for obtaining their own contractor
for such collection services and shall not be entitled to provision
of such services by the Town.
B.Â
Upon request by the owner or occupant of any premises
served by the Town's garbage and trash collection service and subject
to the availability of vehicles and personnel, the Director may authorize
removal of solid waste from such premises when the amount to be removed
is greater than that which is normally collected or at a time other
than the regular collection day for such premises, upon such terms
and conditions and upon the payment of such fee as may be provided
by resolution of the Council.
A.Â
Owners and occupants of occupied premises and owners
and persons in charge of unoccupied premises, including vacant lots,
within the Town are hereby charged with the duty of maintaining such
premises at all times in a sanitary, clean and tidy condition and
so as to prevent the accumulation thereof of solid waste which constitutes
a nuisance or a fire hazard.
B.Â
A violation of this section is declared to be a municipal
infraction. The penalty for violation shall be a fine of $100 for
each offense.
A.Â
If, at any time, the maintenance of any premises within the Town is found by the Director or other official designated by the Mayor and Common Council to be in violation of § 64-8 or 64-10, he shall give notice, in writing, to the owner, occupant or person in charge of such premises, stating therein the condition which constitutes such violation and directing the addressee to remedy such condition within seven days for a first offense and within three days for any subsequent offense, and it shall be unlawful for any such owner, occupant or person in charge to fail to comply with the terms of such written notice.
B.Â
Upon the failure of any person to whom notice has been given pursuant to Subsection A of this section to comply with the terms of such notice, the Director or other designated official shall forthwith direct the appropriate Town officer to remedy the condition which is the subject of such notice, and the expenses incurred by the Town in so doing shall be charged to the addressee of such notice, to be collectible as Town taxes; and such expenses shall constitute a lien upon the premises upon which such condition occurred, to be collected as Town taxes are collected, if not otherwise first paid to the Town.
C.Â
Abatement by the Town of conditions in violation of
this article and reimbursement to the Town of expenses incurred thereby
shall not bar the issuance of a municipal infraction and the prosecution
for such violation.
A.Â
Residential units. It shall be the joint and severable
responsibility of the owner and occupant to provide a sufficient number
of approved containers for storage of solid waste to prevent overflow
between times of collection in residential units and to maintain the
premises in accordance with the standards of this article. It shall
be unlawful for the owner or occupant of such private property to
fail to provide such containers.
B.Â
Residential apartments with no more than three units.
It shall be the responsibility of the owner and not the occupants
of such units to provide a sufficient number of approved containers
for the storage of solid waste to prevent overflow between times of
collection and to maintain the premises in accordance with the standards
of this article. It shall be unlawful for the owner of such units
or property to fail to provide such containers.
C.Â
Institutional establishments. It shall be the joint
and several responsibility of the owner and the occupant of institutional
establishments to provide a sufficient number of approved containers
for the storage of solid waste to prevent overflow between times of
collection and to maintain the premises in accordance with the standards
of this article. It shall be unlawful for the owner of such institutional
establishment to fail to provide such containers.
D.Â
Commercial and industrial land or buildings. It shall
be the joint and severable responsibility of the owner and occupant
of commercial and industrial land or buildings to provide a sufficient
number of approved containers for the storage of solid waste to prevent
overflow between times of collection and to maintain the premises
in accordance with the standards of this article. It shall be unlawful
for the owner and occupant of such commercial and industrial land
or buildings to fail to provide such containers.
E.Â
Shopping centers. In addition to the responsibilities provided in Subsection D hereof, the owner and occupants of all shopping centers within the limits of the Town are hereby required to install and maintain trash receptacles on the edge of the pedestrian walkway areas within such shopping centers. They shall be of a type and size and placed at such location as may be required and approved by the Director and clearly designated as receptacles for solid waste.
F.Â
Vacant land. It shall be the responsibility of the
owner of all vacant land to keep his property free of solid waste.
G.Â
Any owner who leases a residential unit located within
the Town shall provide notificaction to the tenants occupying such
residential unit of the Town's refuse collection practices.
A.Â
All containers for the storage of solid waste, except
bins for the storage of bulky rubbish, shall be verminproof and waterproof,
of noncorrodible material or similar material, and shall be equipped
with tight-fitting lids at all times.
B.Â
All solid waste shall be placed in containers as provided herein and shall be placed at convenient outdoor pickup locations on the premises as may be designated by the Director. Recyclables shall be placed in the containers described in Subsection C(1) and (2) herein. Alternatively, recyclables may be placed in bundles or any other container which in the Director's opinion is suitable for holding such items.
C.Â
Receptacles used for storage of solid waste with respect
to residential units shall meet one of the following specifications:
(1)Â
Trash cans of a durable grade of plastic, galvanized
metal or other suitable material approved by the Director, with a
minimum capacity of 20 gallons and a maximum capacity of 90 gallons.
All such containers shall have tightly fitting lids and shall include
adequate lifting handles. For containers larger than 35 gallons, they
shall have wheels such that the container may be rolled to the curb
for pickup. All containers should be without interior protrusions,
and the solid waste should be loosely packed so that the contents
shall discharge freely when the receptacle is inverted.
(2)Â
Recyclables bins made of durable plastic approximately
18 gallons in size and provided by the Town or its designee.
[Amended 11-1-2010 by Ord. No. 2010-11]
A.Â
It shall be the responsibility of the persons provided containers pursuant to § 64-10 to ensure that containers are properly maintained.
B.Â
The presence of solid waste in places other than inside
proper containers, the presence of sour odors or the presence of insects,
rodents or other vermin or evidence of their presence shall constitute
improper maintenance or lack of maintenance. The lack of maintenance
of containers constitutes a violation of this section and is declared
to be a municipal infraction. The penalty for violation shall be a
fine of $100 for each offense.
C.Â
It shall be unlawful and constitute a municipal infraction for any person to intentionally destroy or damage, fail within a reasonable time to return to the Town upon demand and/or to take, abscond with or convert with the intent to permanently possess and/or to deprive the Town of recycling containers provided by the Town pursuant to § 64-11C(2) for the purpose of storage and collection of recyclables. The penalty for violation shall be a fine of $100 for each offense.
D.Â
Upon the transfer of ownership or lease of property and a transfer of any water and sewer account, a certification by the seller, lessor or transferor, on a form prescribed by the Town and made available at Town Hall, shall be filed with the Town specifying that all recyclables containers provided by the Town pursuant to § 64-11C(2) for use on the property have been transferred to the new owner, lessee or transferee. No water and sewer account may be established of this certification. The Town shall also have the right to inspect the property for compliance with this section.
A.Â
It shall be unlawful for any unauthorized person to
remove the cover from any container which has been set out for collection
of the contents thereof or to upset, remove or in any way tamper with
any such container.
B.Â
Any violation of this section is declared to be a
municipal infraction. The penalty for violation shall be a fine of
$400 for each offense.
A.Â
The following matter shall not be placed in receptacles
used for regular solid waste collection service:
(1)Â
Dead animals.
(2)Â
Poisons.
(3)Â
Explosives.
(4)Â
Dangerous or corrosive chemicals.
(5)Â
Clothing taken from persons with infectious diseases.
(6)Â
Heavy metals or metal parts.
(7)Â
Lumber.
(8)Â
Dirt.
(9)Â
Rocks.
(10)Â
Bricks.
(11)Â
Concrete blocks.
(12)Â
Tires.
(13)Â
Automobile or machine oil.
(14)Â
Crates.
(15)Â
Other refuse from construction or remodeling.
B.Â
Violation of this section is declared to be a municipal
infraction. The penalty for violation shall be a fine of $100 for
each offense.
The Director is authorized to provide by regulation for the implementation of § 64-5C, including each class of solid waste to be collected by the Town to be separated, and the Director may require the use of separate containers for items to be recycled, including but not limited to metal, glass, paper, cardboard and plastics.
A.Â
It shall be unlawful for any person to store or accumulate
any solid waste within the Town except as provided in this article
and regulations promulgated pursuant thereto. "Store or accumulate"
shall mean to exist outside of an approved container for a period
of time in excess of seven days. The provisions of this section shall
apply to any land or premises where solid waste accumulates or is
stored, be it residential, commercial or industrial, including vacant
property.
B.Â
Violation of this section is declared to be a municipal
infraction. The penalty for violation shall be a fine of $100 for
each offense.
A.Â
Unlawful activities.
(1)Â
It shall be unlawful for any person or persons to
dump, deposit, throw or leave or to cause or permit the dumping, depositing,
placing, throwing or leaving of litter on any public or private property
in this Town or any waters in this Town unless:
(a)Â
Such property is designated by the Town or by
any of its agencies for the disposal of such litter and such person
is authorized by the proper public authority to use such property.
(b)Â
Such litter is placed into a litter receptacle
or container installed on such property.
(c)Â
Such person is the owner or tenant in lawful
possession of such property or has first obtained consent of the owner
or tenant in lawful possession or the act is done under the personal
direction of said owner or tenant, all in a manner consistent with
the public welfare.
(2)Â
It shall be unlawful for any person or persons to
throw, dump or deposit any trash, junk or other refuse upon any highway
or to perform any act which constitutes a violation of the vehicle
laws of the Town or the State of Maryland relative to putting trash,
glass and other prohibited substances on highways.
B.Â
Presumption of responsibility for violation; suspension of licenses. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in violation of Subsection A of this section and if the vehicle has two or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle shall be presumed to be responsible for the violation.
C.Â
Receptacles to be provided; notice of provisions or
section. The Director is authorized and empowered to establish and
maintain receptacles for the deposit of litter at appropriate locations
where such property is frequented by the public and to post signs
directing persons to such receptacles and serving notice of the provisions
of this section and to otherwise publicize the availability of litter
receptacles and requirements of this section.
D.Â
Any violation of this section is declared to be a
municipal infraction. The penalty for violation shall be a fine of
$250.
A.Â
It shall be unlawful for any person to throw, dump
or deposit any solid waste upon the land or property of another without
written consent first having been obtained from the owner of the property.
B.Â
Violation of this section is declared to be a municipal
infraction. The penalty for violation shall be a fine of $400 for
each offense.
A.Â
It shall be unlawful for any person to deposit any
solid waste in or to knowingly pollute or contaminate any watercourse,
body of water, spring, well or other source of water in the Town.
B.Â
Violation of this section is declared to be a municipal
infraction. The penalty for violation shall be a fine of $400 for
each offense.
In addition to all other remedies provided herein
or by law, any violation of this article, unless otherwise provided
for in the applicable section, shall be punished as a municipal infraction.
The penalty for violation shall be a fine of $100 for each offense.
Each day a violation continues to exist shall constitute a separate
offense. Additionally, the Town may institute any appropriate action
or proceedings to prevent any violation of this article.
[Adopted 3-7-1983 by Ord. No. 131]
[1]
Editor’s Note: Ordinance No. 2005-6, adopted 6-13-2005, repealed former Art. I of this article and replaced it with a new Art. I. The new Art. I consists of §§ 64-1 through 64-21. As a result of that numbering, the section numbers in this article conflicted with the numbering in Art. I. Therefore, former §§ 64-8, 64-8.1 and 64.9 of this article have been renumbered as §§ 64-22, 64-23 and 64-24, respectively.
[Amended 11-2-1998 by Ord. No. 1998-8]
A.Â
Any person, firm or corporation who or which shall
bring, carry or cause to be transported into the Town any manner of
trash, debris, garbage, junk, refuse or similar matter and who shall
leave or cause the same to be left within the limits of the Town shall
be deemed to have committed a municipal infraction.
B.Â
Any person, firm or corporation who or which shall
bring, carry or cause to be transported into the Town any manner of
trash, debris, garbage, junk, refuse or similar matter for collection
by the Town's contractors shall be deemed to have committed a municipal
infraction; provided, however, that this provision shall not apply
to anyone transporting grass clippings, leaves or similar yard waste
to any compost center operated by the Town.
C.Â
Any person, firm or corporation who or which shall
dump, deposit or in any other manner leave any material within any
compost center of the Town other than during hours when the same is
staffed shall be deemed to have committed a municipal infraction.
[Added 8-7-1995 by Ord. No. 1995-4]
A.Â
MATERIAL
STREET
VEHICLE
Definitions. As used in this section, unless the context
requires otherwise, the following words or phrases shall have the
following meanings:
Includes all paper, paper products, cardboard, pamphlets,
circulars, magazines, newspapers, handbills, cartons, plastic and
plastic products, bottles, glass and glass products, metal objects,
lumber, wood scraps and other discarded items of every kind and description.
The right-of-way of any road, highway, alley or paved thoroughfare
of any nature located within the boundaries of the Town of Mount Airy.
Any device in, on or by which any individual or property
is or might be transported or towed on a street.
B.Â
Unlawful activity. It shall be unlawful for a person
or persons to throw or to cause or permit the throwing of any material
from any vehicle being operated upon any street within the Town of
Mount Airy.
C.Â
Penalties. Any violation of Subsection B of this section is declared to be a municipal infraction.
[Amended 10-1-2001 by Ord. No. 2001-12]
D.Â
Presumptions. Whenever material is thrown from any vehicle in violation of Subsection B of this section and if the vehicle has two or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, if present, shall be presumed to be responsible for the violation; in the absence of the owner of the vehicle, the operator shall be presumed to be responsible for the violation.
[Amended 10-1-2001 by Ord. No. 2001-12]
The amount of the infraction fine assessed shall
be $250.
