[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.
[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]
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.
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. |
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.
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. |
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.