[HISTORY: Adopted by the Mayor and Council of the Town of Sykesville 1-12-2004 by Ord. No. 241. Amendments noted where applicable.]
Littering — See Ch. 98.
As used in this chapter, the following terms shall have the meanings indicated:
- BULK 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.
- A portable device in which solid waste is held for storage or transportation.
- The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters.
- Waste resulting from animal, grain, fruit or vegetable matter.
- NONRESIDENTIAL PROPERTIES
- Any property which is not a residential unit within the meaning of "residential units” as defined in this § 129-1. Such properties include, but are not limited to, multifamily dwellings, commercial and industrial properties, strip malls and/or "mini-mart" plazas, institutional establishments or any combination of the aforementioned uses. Such properties shall also include vacant land.
- 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.
- All materials which are discarded as useless. Such materials may include but are not limited to shrub cuttings, grass clippings, leaves, cardboard, paper, bottles, cans, clothing, plastic containers, gutter and down spouting, lumber scraps, paint cans, screens and storm windows, rug scraps, tires, Christmas trees, newspapers, telephone books and magazines which can be handled by normal municipal waste processing, collection or disposal methods.
- RESIDENTIAL UNITS
- Single-family detached, single-family semidetached and single-family attached residential housing units and apartments with three or fewer units.
- 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.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- 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 Sykesville, Maryland.
- 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 chapter shall be administered by the Zoning Administrator. The Zoning Administrator, subject to approval of the Mayor and Town Council, may establish regulations regarding the collection or disposal of solid waste, including recyclables. Upon approval by ordinance of the Mayor and Town Council, any such regulation shall have the force and effect of law. These regulations may include, among other subjects, the days and hours and routes for collection of solid waste, including recyclables; the specifications for 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 chapter, including the cost of licensing and inspection; and such other matters as may be deemed appropriate. Copies of any such regulations shall be maintained in the office of the Zoning Administrator at Town Hall and are available for inspection during regular hours of business. Any violation of the provisions of this chapter shall constitute a Class A municipal infraction as provided by Chapter 1, Article I, municipal infractions. Each day in which a violation occurs or continues shall constitute a separate offense and a Class A municipal infraction.
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 Zoning Administrator for collection and any other permits required by federal, state and county law.
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 chapter. 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.
The Zoning Administrator 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 Zoning Administrator and contain such information as he shall prescribe. The application shall be accompanied by a permit fee in the amount of $100. An initial permit shall be valid for a period of one year. Thereafter, the permit shall be renewed annually upon submission of a renewal application and payment of $50.
The Town shall provide for the collection and disposal of solid waste, including recyclables, for residential units within the Town. However, nothing in this chapter shall prohibit any person or entity from entering into a private contract for the removal of solid waste from their property, provided that the other carrier complies with all applicable requirements of this chapter.
Owners and occupants of any premises who are provided solid waste disposal services by the Town shall separate recyclables from their other solid waste and shall place such recyclables in a recyclables bin or as otherwise provided by the Zoning Administrator pursuant to regulations promulgated under § 129-2 of this chapter.
The collection and disposal of solid waste from nonresidential properties shall be at the cost and expense of the owner of the property. All nonresidential properties shall have on-site containers as required by this chapter and by regulation of the Zoning Administrator. Additionally, the owner of a nonresidential property shall cause solid waste to be removed from the premises at regular intervals as determined by regulation of the Zoning Administrator.
The Mayor and Town Council are authorized by ordinance to institute a service charge by the Town for bulk pickup of bulk waste, including but not limited to those items described in § 129-1.
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 Zoning Administrator 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 Mayor and Town Council.
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.
If, at anytime, the maintenance of any premises within the Town is found by the Zoning Administrator or other official designated by the Mayor and Town Council to be in violation of § 129-7 or 129-9, 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.
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 Zoning Administrator 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.
Abatement by the Town of conditions in violation of this chapter and reimbursement to the Town of expenses incurred thereby shall not bar the issuance of a municipal infraction and the prosecution for such violation.
Residential units. It shall be the joint and several responsibility of the owner and occupant of residential units 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 chapter. It shall be unlawful for the owner or occupant of such private property to fail to provide such containers.
Multifamily dwellings. It shall be the responsibility of the owner and not the occupants of multifamily 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 chapter. It shall be unlawful for the owner of such multifamily unit property to fail to provide such containers.
Institutional establishments. It shall be the responsibility of the owner and not 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 chapter. It shall be unlawful for the owner of such institutional establishment to fail to provide such containers.
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 chapter. It shall be unlawful for the owner and occupant of such commercial and industrial land or buildings to fail to provide such containers.
Shopping centers, strip malls and "mini-mart" plazas. In addition to the responsibilities provided in Subsection D hereof, the owner and occupants of all shopping centers, strip malls and "mini-mart" plazas 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 Zoning Administrator and clearly designated as receptacles for solid waste.
Vacant land. It shall be the responsibility of the owner of all vacant land to keep his property free of solid and bulk waste.
Deficiencies observed in violation of the standards of this chapter shall constitute prima facie evidence that the required maintenance is not adequate. The Zoning Administrator may proceed to rectify such deficiencies as provided in § 129-8.
All containers for the storage of solid waste, except bins for the storage of bulk waste and recyclables, shall be vermin-proof and waterproof, of noncorrodible material or similar material, and shall be equipped with tight-fitting lids at all times.
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 Zoning Administrator.
Receptacles used for storage of solid waste with respect to residential units shall meet one of the following specifications:
Trash cans of a durable grade of galvanized metal or other suitable material approved by the Zoning Administrator, from 20 to 32 gallons' capacity. They should be provided with two lifting handles on opposite sides and a tightly fitting cover with a lifting handle. The can should be without inside protrusions, and the solid waste should be loosely packed so that the contents shall discharge freely when the receptacle is inverted.
Refuse bags made of heavy, multiply paper or polyethylene or ethylene copolymer resin and designed for outdoor storage of refuse. Bags must be securely tied or sealed to prevent emission of odors, be of a material so liquids and greases will not be able to penetrate through the material and be of sufficient thickness and strength to contain the solid waste enclosed without tearing or ripping under normal handling.
Recyclables bins made of durable plastic approximately 18 gallons in size and provided by the Town or its designee.
Neither residential nor nonresidential solid waste and/or recycling containers shall be stored in public rights-of-way.
Nonresidential solid waster containers shall not be placed in the front of the premises whenever practicable.
Residential solid waste and recycling containers shall be placed at curbside for collection.
Residential solid waste and recycling containers shall not be placed out for collection earlier than 4:00 p.m. the day prior to scheduled collection and shall be removed from the curbside no later than the end of the day of collection.
All solid waste and recycling containers shall be kept in good condition and shall be replaced by the owner when necessary to comply with this requirement.
It shall be the responsibility of the persons providing containers pursuant to § 129-10 to ensure that containers are properly maintained.
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. Any violation of the provisions of this section shall constitute a Class B municipal infraction as provided by Chapter 1, Article I, Municipal Infractions. Each day in which a violation occurs or continues shall constitute a separate offense and a Class B municipal infraction.
It shall be unlawful for any unauthorized person to remove the cover from any container that has been set out for collection of the contents thereof or to upset, remove or in any way tamper with any such container.
The following matter shall not be placed in receptacles used for regular solid waste collection service:
Feces, except disposable diapers and pet feces which have been placed in a sealed, plastic bag. However, bulk disposal of pet feces is prohibited.
Materials impregnated with urine, except disposable diapers.
Dangerous or corrosive chemicals or other hazardous materials.
Clothing taken from persons with infectious diseases.
Heavy metals or metal parts.
Lumber, unless is it secured in bundles measuring no more than four feet by two feet.
Automobile or machine oil.
Other refuse from construction or remodeling.
Paint in liquid form.
The Zoning Administrator is authorized to provide by regulation for the implementation of § 129-4C, including each class of solid waste to be collected by the Town to be separated, and the Zoning Administrator may require the use of separate containers for items to be recycled, including but not limited to metal, glass, paper, cardboard and plastics.
It shall be unlawful for any person to store or accumulate any solid waste within the Town except as provided in this chapter 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 15 days. The provisions of this section shall apply to any land or premises where solid waste accumulates or is stored, be it residential or nonresidential.
Definitions. As used in this section, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:
- All rubbish, solid waste, refuse, garbage, trash, debris, dead animals or other discarded materials of every kind and description.
- 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, public open space, parking facility, playground, building, refuge or conservation or recreation area; any residential or farm properties, timberlands or forest.
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:
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.
Such litter is placed into a litter receptacle or container installed on such property.
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.
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.
Presumption of responsibility for violation; suspension of licenses. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of Subsection B of this section and if the vehicle, boat, airplane or other conveyance has two or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, boat, airplane or other conveyance, if present, shall be presumed to be responsible for the violation; in the absence of the owner of the vehicle, boat, airplane or other conveyance, the operator shall be presumed to be responsible for the violation.
Receptacles to be provided; notice of provisions or section. The Zoning Administrator 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.
It shall be unlawful for any person to throw, dump or deposit any solid waste or bulk waste upon the land or property of another without written consent first having been obtained from the owner of the property.
It shall be unlawful for any person to throw, dump or deposit any solid waste or bulk waste into a container owned or leased by another without written consent first having been obtained from the owner or lessee of the container.
It shall be unlawful for any person to throw, dump or deposit any solid waste or bulk waste onto any public road or highway.
On-site disposal of solid waste by burial in a pit or trench or by burning is prohibited.
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, storm drain or other source of water in the Town.
In addition to all other remedies provided by law, any violation of this chapter, unless otherwise provided for in the applicable section, shall constitute a Class B municipal infraction as provided by Chapter 1, Article I, Municipal Infractions. Each day a violation occurs or continues shall constitute a separate offense and a Class B municipal infraction. Further, the Town may institute any appropriate actions or proceedings to prevent any violation of this chapter.