[HISTORY: Adopted by The Commissioners of St. Michaels as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-9-1972 by Ord. No. 103]
[Amended 6-7-2006 by Ord. No. 337]
The garbage collection policy shall be set by The Commissioners of St.
Michaels and may be amended from time to time as they see fit.
The occupants of all premises within the Town of St. Michaels shall
be held responsible for the carrying out of the aforesaid regulations with
respect to the premises so owned and occupied.
[Amended 6-7-2006 by Ord. No. 337]
A violation of this article by any person, firm or corporation shall
be a municipal infraction punishable by a fine of $50. Each day on which a
violation exists shall constitute a separate offense.
[Adopted 9-8-1998 by Ord. No. 237]
It shall be the purpose of this article to reduce the noise associated
with the collection of refuse at nonresidential properties within the Town
during the hours that persons traditionally sleep, so that the residents of
the Town will have available to them a period of relative quiet during which
they may obtain restful sleep.
A.
A commercial refuse hauler, and an owner, officer, employee
or agent of a commercial refuse hauler, shall not, at any time between the
hours of 10:00 p.m. and 6:30 a.m., local time, commit or cause to be committed
upon a nonresidential property within the Town, any of the following acts:
(1)
The deployment or delivery of a dumpster by a motor vehicle;
(2)
The loading of a dumpster onto a motor vehicle; or
(3)
The unloading, emptying or collection of refuse from
a dumpster.
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Each of the above-described prohibited acts which is committed by the
owner, officer, employee or agent of a commercial refuse hauler, and which
is committed with the prior knowledge, consent or authorization of that commercial
refuse hauler, shall be considered to have been committed by that commercial
refuse hauler.
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B.
A person shall not, at any time between the hours of
10:00 p.m. and 6:30 a.m., local time, cause, authorize or permit to be committed
upon a nonresidential property which he/she owns, occupies or operates within
the Town, any of the following acts:
(1)
The deployment or delivery of a dumpster by a motor vehicle;
(2)
The loading of a dumpster onto a motor vehicle; or
(3)
The unloading, emptying or collection of refuse from
a dumpster.
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Each of the above-described prohibited acts which is committed by the
owner, officer, employee or agent of a nonresidential property owner, occupant
or operator, and which is committed with the prior knowledge, consent or authorization
of that nonresidential property owner, occupant or operator, shall be considered
to have been committed by that nonresidential property owner, occupant or
operator.
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A.
A violation of any provision of this article or failure
to comply with any requirement thereof, shall constitute a municipal infraction.
Any person found by a court of competent jurisdiction to have violated any
section or provision of this article shall pay a fine of $50 for the first
violation. The fine for each subsequent violation shall be the maximum amount
authorized and prescribed by Maryland Code (1957), Article 23A, Section 3(b)(3),
as amended from time to time.
B.
Each instance in which a refuse container is deployed,
delivered, loaded or emptied by a commercial refuse hauler, and each property
at which a violation of this article occurs, shall constitute a separate violation.
C.
The violation of each section or provision of this article
shall constitute a separate offense.
D.
For the purpose of this section, a subsequent violation
of this article shall mean:
(1)
A violation by the same person on a parcel of real property
owned, occupied or operated by a different person on the same date as a previous
violation, and for which subsequent violation the same person is charged as
was charged with the previous violation;
(2)
A violation by the same person on the same parcel of
real property on a date subsequent to a previous violation, and for which
subsequent violation the same person is charged as was charged with the previous
violation; or
(3)
A violation by the same person on a parcel of real property
owned, occupied or operated by a different person on a date subsequent to
a previous violation, and for which subsequent violation the same person is
charged as was charged with the previous violation.
E.
Once the person charged with the first violation has
received the municipal infraction citation for that first violation, it shall
not be necessary to deliver a municipal infraction citation for a subsequent
violation of the same section or provision of this article before issuing
a municipal infraction citation for any further subsequent violation of the
same provision or section of this article.
F.
Nothing herein contained shall prevent the Town from
taking such other lawful action as is necessary to prevent or remedy any violations
of this article. The Town may enforce this article by civil action for declaratory
judgment and/or injunction, in addition or as an alternative to citing the
violator for a municipal infraction. In the case of a civil action for declaratory
judgment and/or injunction, the Town may recover its legal fees and court
costs from the violator.
A.
COMMERCIAL REFUSE HAULER
DUMPSTER
NONRESIDENTIAL PROPERTY
PERSON
REFUSE
Except for those words and terms defined herein, all
other words and terms shall have their normal and ordinary meaning within
the context of this article. For the purposes of this article, the following
words and terms shall be defined and interpreted as follows:
Any person who is in the business of collecting refuse from the land
of another for a fee by means of a dumpster which is loaded onto a truck,
or by means of a dumpster which is emptied into a truck.
Any container used, or intended for use, in the collection of refuse.
Real property which is used or occupied, in whole or in part, other
than as a single-family residence.
Includes a natural person, as well as a firm, association, organization,
partnership, company, or corporation.
Includes debris, garbage, junk, rubbish, trash or waste of any type.
B.
The word "shall" is mandatory; the word "may" is permissive.
The present tense includes the future tense, the singular number includes
the plural and the plural number includes the singular.
