[HISTORY: Adopted by the Town Meeting of the Town of Old Saybrook 11-24-1980 by Ord. No. 54 of the 1980 Code. Amendments noted where applicable.]
Pursuant to the provisions of the C.G.S. § 7-148, the Town of Old Saybrook herein adopts an ordinance prohibiting the throwing or depositing of litter in public places in the Town of Old Saybrook, regulating the distribution of handbills; controlling the depositing of litter on private premises; providing a lien for Town clearance; and prescribing penalties for the violation of its provisions.
This chapter shall be known and may be cited as the "Old Saybrook Anti-Litter Ordinance."
For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- AUTHORIZED PRIVATE RECEPTACLE
- A litter storage and collection receptacle as required and authorized.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature.
- Garbage, refuse, and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- Any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- A park, reservation, playground, beach, recreation center, or any other public area in the Town owned or used by the Town and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES OR PROPERTY
- Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, commercial or industrial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, parking lot, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings.
- All putrescible and nonputrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cigars, cardboard, glass, metal and plastic containers, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- The Town of Old Saybrook.
- Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Town except in public receptacles, in authorized private receptacles for collection or in the Town transfer station.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
Persons owning or occupying places of business within the Town shall keep the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Town, or upon private property.
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded or covered as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
No person shall throw or deposit litter in any park within the Town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any pond, lake, stream, bay or any other body of water in a park or elsewhere within the Town.
No person shall throw or deposit any handbill in or upon any sidewalk, street or other public place within the Town, nor shall any person hand out or distribute or sell any handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the Town for any person to hand out or distribute, without charge to the receiver thereof, any handbill to any person willing to accept it.
No person shall throw or deposit or place any handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit or attach any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by Federal Postal Law or Regulations.
Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of United States mail, nor to newspapers (as defined herein) except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person shall throw, deposit or distribute any handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," "Post No Bills" or any similar notice, indicating in any matter that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public equipment or structure or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private property designed or used either wholly or in part for private residential, commercial or industrial purposes within the Town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Town whether owned by such person or not.
The owner, tenant and/or person in control of any private property shall control litter on his or her property so as to keep it from being blown by the elements upon the sidewalk, street or other private property. In the event litter is blown from said property onto adjacent public or private property, the owner, tenant and/or person in control of said property shall be responsible for clearing the litter from said adjacent public or private property. This section shall be enforced against the persons responsible in the manner provided in § 144-21 hereof.
Notice to remove. The Health Officer is hereby authorized and empowered to notify the owner of any open or vacant private property within the Town or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner at his or her last known address.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 14 days after receipt of written notice provided for in Subsection A above, or within 14 days after date of such notice in the event the same is returned to the post office because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner, or agent, the Health Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Town.
Charge included in tax bills. When the Town has effected the removal of such dangerous litter or has paid for its removal, and the actual cost thereof, plus accrued interest at the rate of 9% from the date of the completion of the work, is not paid by such owner prior thereto, said costs shall be charged to the owner of such property in the same manner and at the same time as the regular tax bills are forwarded by the Town, and such charge shall be due and payable by said owner at the time of payment of such tax bill.
Recorded statement constitutes lien. Where the full amount due the Town is not paid by such owner within 60 days after the disposal of such litter, as provided for in Subsections A and B above, then and in that case, the Health Officer shall cause to be recorded in the Town Clerk's office a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
Any person who violates the provision of this chapter, shall be subject to a fine not to exceed $100.