[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Editor's Note: This ordinance also repealed former Art.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. 
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. 
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. 
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:
BULKY WASTES
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.
CLERK
The Clerk for the Town of Mount Airy, Maryland.
COMMERCIAL ESTABLISHMENT
An establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CONTAINER
A portable device in which solid waste is held for storage or transportation.
CONTRACTOR
The individual or entity with whom the Town has contracted to provide municipal waste collection and/or recycling services within the Town limits.
DIRECTOR
The Town Council member appointed as liaison to the Recycling and Sanitation Commission.
DISPOSAL
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.
INCINERATOR
An enclosed device using controlled combustion for the primary purpose of thermally destructing solid waste.
INSTITUTIONAL ESTABLISHMENT
An establishment engaged in institutional service, including, but not limited to, hospitals, nursing homes, life-care communities, care homes, orphanages, schools and universities.
LITTER
All rubbish, solid waste, refuse, garbage, trash, debris, dead animals or other discarded materials of every kind and description.
MULTIFAMILY UNITS
A building containing four or more dwelling units.
MUNICIPAL WASTE
All garbage, refuse and other discarded materials, including solid, liquid, semisolid or contained gaseous materials resulting from residential, commercial, industrial and municipal activities.
POLICE
The Maryland State Police or such other law enforcement agency which, by cooperative agreement, provides general police protection to the Town.
POLLUTION
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.
PROCESSING
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.
PUBLIC or PRIVATE PROPERTY
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.
RECYCLABLES
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.
RECYCLING
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.
RESIDENTIAL UNITS
Single-family detached, single-family semidetached and single-family attached residential housing units and apartments with three or fewer units.
RESIDUE
Solid and semisolid refuse, such as but not limited to ash, ceramics, glass, metal and organic substances, remaining after incineration or combustion processing.
SOLID WASTE
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.
SOLID WASTE MANAGEMENT
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.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
STORAGE
The containment of waste on a temporary basis which does not constitute disposal of the waste.
TOWN
The Town of Mount Airy, Maryland.
TOWN BUILDINGS
Buildings and facilities owned or leased by the Town of Mount Airy.
WASTE
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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]
D. 
Each residential premises (or each apartment unit within a building with three or fewer units) shall be entitled to:
(1) 
One weekly pickup of not more than 120 gallons of solid waste on a date and time to be determined by the Director.
(2) 
One weekly pickup of recyclables on a date to be determined by the Director. There shall be no limitation on the amount of recyclables to be picked up on a weekly basis; provided, however, that all recyclables left out for collection shall be stored as required in § 64-11.
E. 
In addition to the services set forth in § 64-5D above, the Director may additionally provide for pickup of the following items as provided for in § 64-7 below:
(1) 
Lawn clippings, leaves and shrubbery clippings.
(2) 
Christmas trees.
(3) 
Large and bulky items.
A. 
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. 
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. 
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. 
Each nonresidential premises shall be entitled to:
(1) 
One weekly pickup of not more than 120 gallons of solid waste on a date and time to be determined by the Director.
(2) 
One weekly pickup of recyclables on a date to be determined by the Director. There shall be no limitation on the amount of recyclables to be picked up on a weekly basis; provided, however, that all recyclables left out for collection shall be stored as required in § 64-11.
E. 
In addition to the services set forth in § 64-6D above, the Director may additionally provide for pickup of the following items as provided for in § 64-7 below:
(1) 
Lawn clippings, leaves and shrubbery clippings.
(2) 
Christmas trees.
(3) 
Large and bulky items.
F. 
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. 
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.
A. 
The Council is authorized by resolution to institute a service charge by the Town for bulk pickup of those items specified in § 64-5B and D above, to be implemented by a sticker purchase system or by such other means as designated by said resolution.
B. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Vacant land. It shall be the responsibility of the owner of all vacant land to keep his property free of solid waste.
G. 
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.
H. 
Deficiencies observed in violation of the standards of this article shall constitute prima facie evidence that the required maintenance is not adequate. The Director may proceed to rectify such deficiencies as provided in § 64-9.
I. 
Violation of this section is declared to be a municipal infraction. The penalty for violation shall be a fine of $100 for each offense, except that the penalties for violation of Subsection G shall be a fine of $25 for each offense.
A. 
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. 
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. 
Receptacles used for storage of solid waste with respect to residential units shall meet one of the following specifications:
(1) 
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) 
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. 
It shall be the responsibility of the persons provided containers pursuant to § 64-10 to ensure that containers are properly maintained.
B. 
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. 
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. 
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. 
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. 
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. 
The following matter shall not be placed in receptacles used for regular solid waste collection service:
(1) 
Dead animals.
(2) 
Poisons.
(3) 
Explosives.
(4) 
Dangerous or corrosive chemicals.
(5) 
Clothing taken from persons with infectious diseases.
(6) 
Heavy metals or metal parts.
(7) 
Lumber.
(8) 
Dirt.
(9) 
Rocks.
(10) 
Bricks.
(11) 
Concrete blocks.
(12) 
Tires.
(13) 
Automobile or machine oil.
(14) 
Crates.
(15) 
Other refuse from construction or remodeling.
B. 
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. 
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. 
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. 
Unlawful activities.
(1) 
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) 
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) 
Such litter is placed into a litter receptacle or container installed on such property.
(c) 
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) 
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. 
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. 
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. 
Any violation of this section is declared to be a municipal infraction. The penalty for violation shall be a fine of $250.
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. 
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. 
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. 
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. 
Definitions. As used in this section, unless the context requires otherwise, the following words or phrases shall have the following meanings:
MATERIAL
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.
STREET
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.
VEHICLE
Any device in, on or by which any individual or property is or might be transported or towed on a street.
B. 
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. 
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. 
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.