A.
Refuse. All refuse generated in the Town shall be
collected, conveyed and disposed of by the Town or by persons licensed
by the Town to perform such work. No other person shall collect, convey
over any street, or dispose of any such refuse, provided this shall
not prohibit the actual generators of refuse or the owners of premises
upon which refuse has accumulated from personally collecting, conveying
and disposing of such refuse, provided such generators or owners comply
with the provision of this article and with any other applicable laws,
ordinances and regulations.
B.
Recyclables.
(1)
All occupants of residential premises within the boundaries
of the Town shall keep recyclables separated from refuse. Owners of
nonresidential premises and apartment complexes may make provision
for the separation of recyclables from refuse off site. Such owners
are ultimately responsible for the final disposition of all recyclables
in accordance with state law and/or regulations.
(2)
Recyclables generated from residential premises. Recyclables
generated from residential premises shall be collected, conveyed and
disposed of by the Town, by persons approved by the Town to perform
such work, or by residents of the Town in those cases where the Town
has provided dropoff sites for recyclables, as designated by the Town
Manager. All such recyclables shall be prepared for collection or
disposal in conformance with regulations established pursuant to this
chapter.
(3)
Recyclables generated from nonresidential premises and apartment complexes. Recyclables generated from nonresidential premises and apartment complexes shall be collected and disposed of by individual arrangements between the generator(s) and/or property owner(s) and the conveyor(s), except that residents of apartment complexes may also use those dropoff sites referred to in Subsection B(2) above.
A.
Independent residential premises.
(1)
The Town shall, by means of its own forces or by contract,
collect refuse from independent residential premises at a frequency
of one time per week; certain recyclables, as designated by the Town
Manager, shall be collected at a frequency of at least every other
week. Collection may be at a greater frequency during periods when
a public health emergency exists in the opinion of the Director of
Health of the Central Connecticut Health District. A schedule for
the regular collection of refuse and recyclables from independent
residential premises shall be published by the Town Manager by legal
notice appearing in at least one newspaper having circulation in the
Town and shall not be changed except after similar notice of at least
10 days.[1]
(2)
In order to be afforded collection service hereunder,
a dwelling occupant shall place material for collection at the curb,
at the road shoulder or at the road pavement edge no later than 6:00
a.m. on the day of the week on which collection at the premises is
scheduled to take place.
(3)
All collections of refuse and recyclables from independent
residential premises shall be made from the curbside of public streets.
Following collection, empty containers shall be removed from the public
right-of-way within 24 hours of collection, provided that the owner
of any container(s) which is (are) neglected contrary to the foregoing
shall, prior to enforcement action being taken, be warned by the Town
concerning noncompliance and shall be given not more than four hours
in which to comply. A warning preceding enforcement shall not be necessary
if the violator has been warned or cited on a previous occasion under
this section. No refuse or recyclables shall be stored within a public
right-of-way preceding the designated collection time by more than
48 hours.
B.
Residential condominiums and planned unit developments.
(1)
The Town shall, by means of its own forces or by contract,
collect refuse and certain recyclables, as designated by the Town
Manager, from such dwelling units as the master associations of which
request service. The frequency of refuse collection shall be one time
per week, provided that collection may be at a greater frequency during
periods when a public health emergency exists in the opinion of the
Director of Health. The frequency of collection for certain recyclables,
as designated by the Town Manager, shall be at least every other week.
(2)
A schedule for the regular collection of refuse and
recyclables shall be fixed by the Town Manager with written notice
provided to each master association and shall not be changed except
after similar notice of at least 10 days.
(3)
In order to be afforded collection service hereunder,
the applicable master association shall give written notice of its
request for such service to the Town Manager not later than six months
prior to the commencement of the first fiscal year during which such
service is to be rendered and shall, prior to the commencement of
such services:
(a)
Execute an agreement saving the Town, its employees,
and its contractor(s) harmless for any damages associated with or
resulting from the collection of refuse or recyclables on its premises,
which agreement will be binding upon each and every unit owner within
said complex and their successors.
(b)
Provide refuse and recyclables containers of
a type and size and at a pickup location approved by the Town Manager,
maintain said containers in a condition acceptable to the Town Manager
and replace said containers when their condition warrants replacement
in the opinion of the Town Manager.[2]
(c)
Assure and keep open access to refuse and recyclables
containers on its premises so that collection vehicles and workers
will not be impeded or delayed in their functions while on the premises
(including the reasonable clearance of snow and control of ice).
C.
Supervision; regulations. All refuse and recyclables
collection performed by or for the Town shall be under the supervision
of the Town Manager. The Town Manager shall, after notice hereinafter
specified, have the authority to make regulations concerning days
of collection, the type and capacity of waste containers, the placement
of waste containers, the securing and bundling of loose materials,
the separation of refuse and recyclable materials, and such other
matters pertaining to the collection, conveyance and disposal of refuse
and recyclables as he/she shall find necessary and to change and modify
the same, provided that such regulations are not contrary to the provisions
hereof. Notification of the establishment or amendment of such regulations
shall be filed with the Town Clerk and with each member of the Town
Council at least 60 days prior to the effective date thereof. If the
regulations or amendments thereof are unacceptable to the Town Council,
the Town Council may, by resolution, direct that they be changed.
If the Town Council does not take action to direct changes within
the sixty-day period, said regulations or amendments, as the case
may be, shall automatically become effective at the expiration of
the sixty-day period.
D.
Suspension. The Town Manager is authorized to suspend
collection from any residential premises whereof the owner, the dwelling
occupant, the proprietor, or the association does not comply with
the terms of this chapter or regulations made hereunder after a written
warning has been sent to the address of noncompliance by registered
mail.
E.
Material uncollectible. The Town or its agent shall
at no time collect body wastes, hazardous wastes, or other wastes
which have not been prepared for collection in conformity with the
provisions of this chapter and the rules and regulations issued by
the Town Manager relating thereto. The Town or its agent shall not
collect refuse or recyclables from any nonresidential premises or
from any apartment complexes except to abate a public health emergency
at the order of the Director of Health.
A.
Refuse. The owner of each premises where refuse is
generated shall provide, at a suitable place upon such premises, sufficient
receptacles for receiving and holding such refuse during the intervals
between collections. Refuse containers shall be maintained in a good
condition, free of holes and fissures large enough to permit the infiltration
of vermin, and shall be equipped with securely fitting covers.
B.
Recyclables.
(1)
The Town shall provide each dwelling unit, except
for those in an apartment complex, with containers for the storage
of recyclables between collections. Such recyclables shall be designated
by the Town Manager. Containers provided under this subsection shall
be either a twelve- to fifteen-gallon plastic bin, or a two-compartment,
six-cubic-yard dumpster in designated multiple-dwelling-unit complexes.
The dumpster-per-dwelling-unit ratio in designated complexes shall
be specified by the Town Manager.
(2)
Containers. Initial containers provided by the Town pursuant to Subsection B(1) above shall be at no cost to the resident. Recycling bins shall remain the property of the Town; dumpsters shall remain the property of the Town contractor. Replacement containers will be made available by the Town at a cost to be determined by the Town Manager. Such containers are to be used for the storage of designated recyclables only.
(3)
Use of containers. All recyclables generated from
residential premises shall be placed in containers so designated by
the Town Manager prior to collection.
A.
Public places. No person shall place any refuse or
recyclables in any street, alley or other public place, or upon any
private property, whether owned by such person or not, within the
Town except in proper containers or otherwise properly prepared for
collection or under express approval granted by the Town Manager.
Nor shall any person throw or deposit any refuse in any stream or
other body of water.
B.
Accumulation of refuse. Any uncontainerized accumulation
of refuse on any premises is hereby declared to be a nuisance and
is prohibited. Failure to remove any accumulation of refuse within
seven days after written notice from the Director of Health of the
Central Connecticut Health District, by registered mail, to remove
same shall be deemed a violation of this chapter.
[Amended 6-10-2008 by Ord. No. 0709-1]
C.
Scattering of refuse. No person shall cast, place,
sweep or deposit anywhere within the Town any refuse in such a manner
that it may be carried or deposited by the elements upon or in any
street, sidewalk, alley, sewer, parkway or other public place, or
into any private premises within the Town.
A.
No person shall collect refuse generated within the
Town or convey such refuse over Town roads or streets without first
having obtained a license for same from the Town Manager.
B.
Such license shall be for a period of one year beginning July 1, and the fee therefor shall be as provided in § 225-1 of this Code, proratable to the first day of the month in which said license is granted when licenses are obtained for fewer than 12 months. The Town Manager shall grant a license within a reasonable time following the filing of a proper application and payment of the prescribed fee, unless he finds one or more of the following conditions to prevail:
(1)
The applicant has been irresponsible in the conduct
of refuse collection and hauling operations based upon previous suspensions
and/or revocations of licenses under this chapter.
(2)
The applicant lacks suitable equipment with which
to collect and/or transport refuse in a safe and nuisance-free manner.
C.
Any person licensed under this section who has reason to believe that a person from whom he/she collects refuse has violated § 332-3B of this chapter shall issue a warning notice to such person and promptly notify the Town Manager.
D.
The Town Manager is authorized to suspend or revoke
the license of any person who violates the terms of this chapter or
any regulations made pursuant hereto and to refuse issuance of licenses
to persons who have committed repeated violations.