[HISTORY: Adopted by the Town of Barnstable
Board of Health as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-21-1980; revised 8-24-1999, effective
9-2-1999 (Section 1.00 of Part VII of the 1991 Codification as updated
through 6-1-1996)]
The occupant of any building used for business
or habitation shall be responsible for maintaining in a clean and
sanitary condition and free of garbage, rubbish, other filth or causes
of sickness in that part of the building and outside area which he
occupies or controls. The owner of any building, vacant or otherwise,
or parcel of land shall be responsible for maintaining such building
or land in a clean and sanitary condition, free from garbage, rubbish,
or other refuse.
Garbage, or mixed garbage and rubbish, shall
be stored in watertight receptacles with tight-fitting covers. Said
receptacles and covers shall be constructed of metal or other durable,
rodentproof material.
As used in this chapter, the following terms
shall have the meanings indicated:
The animal, vegetable, or other organic waste resulting from
the handling, preparing, cooking, consumption or cultivation of food,
and containers and cans which have contained food unless such containers
and cans have been cleaned or prepared for recycling.
RUBBISH
Combustible or noncombustible waste materials, except garbage,
including but not limited to such material as paper, rags, cartons,
boxes, wood, bottles, plastic, rubber, leather, tree branches, yard
trimmings, grass clippings, tin cans, metals, mineral matter, glass,
crockery, dust, and residue from the burning of wood, coal, coke,
and other combustible materials.
No person shall store any rubbish or garbage
less than 10 feet away from an abutter's property line. Where compliance
with this provision is not possible due to existing physical constraints
of the property, the refuse container(s) shall be set back away from
the property line to the maximum separation distance feasible.
Storage of refuse from commercial buildings,
lodging houses, multiple-family dwellings, municipal buildings and
other business establishments (excluding single-family dwellings)
shall be as follows: All outdoor rubbish and garbage storage areas
shall be located in an area which is screened from the neighbor's
view and from public view. Said screening may be in the form of fencing,
evergreen trees or other plants capable of providing year-round screening,
located around the refuse storage area in such a manner to block the
view of the rubbish and garbage storage area from the neighbors and
from other persons passing-by.
[Adopted 8-19-1986, effective 8-25-1986 (Section
2.00 of Part VII of the 1991 Codification as updated through 6-1-1996)]
Every owner, or agent, of premises in which
there are private sewers, individual sewage disposal systems, or other
means of sewage disposal, shall keep the sewers and disposal sewage
systems in proper operational condition and have such works cleaned
or repaired at such time as ordered by the Board of Health.
Sewage disposal works shall be maintained in
a manner that will not create objectionable conditions or causes the
works to become a source of pollution to the waters of the Commonwealth.
No sanitary sewage shall be allowed to discharge
or spill onto the surface of the ground or to flow into any gutter,
street, roadway, or public place, nor shall such material discharge
onto any private property.
[Adopted 1-19-2011 by Order No. 11-01 of the Barnstable County
Assembly of Delegates pursuant to Ch. 716 of the Acts of 1989 (Cape
Cod Commission Act)]
Within the Craigville Beach District, all property owners or
other responsible parties are required to remove the septage from
their on-site sewage disposal systems at least once in every four
years unless otherwise required under Title 5 or any valid Town of
Barnstable permit, or unless an extension is granted by the Health
Agent. A septic tank or cesspool shall be pumped when the total thickness
of solids (sludge plus scum) is equal to or exceeds 33% of the liquid
depth of the tank or cesspool. If a property owner, agent, or tenant
believes that the septage removal is not necessary within the four
years, an inspection by an agent of the Board of Health may be requested.
If, in the opinion of the Health Agent, the system does not require
pumping or other maintenance, the septage removal may be postponed
for up to two years. Further extensions of up to two years at a time
may be granted as often as is reasonable in the opinion of the Health
Agent after reinspections. Nothing in this section should be construed
to suggest that septage may not be removed more often than once in
four years.
