[HISTORY: Adopted by the Town Council of
the Town of Wallingford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-9-2008 by Ord. No. 558[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Litter Control, adopted 10-14-2003 by Ord. No. 511.
The Town Council finds that in order to create
and maintain a healthful and clean environment, it is necessary to
implement a litter control program that will serve to reduce litter
and littering, to collect and remove litter and to promote and maintain
the environmental quality of the Town of Wallingford and the public
health and welfare of its citizens.
As used in this article, the following terms
shall have the meanings indicated:
- BUSINESS
- Employment, occupation, profession or commercial activity engaged in for gain or livelihood.
- LITTER
- Any discarded, used or unconsumed substance or waste material, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material which has not been deposited in a litter receptacle.
- LITTER RECEPTACLE
- A receptacle suitable for the depositing of litter.
- PERSON
- Any individual, firm, partnership, association, corporation or other legal entity of any kind.
- SANITARY INSPECTOR
- The Sanitary Inspector of the Town of Wallingford.
- TOWN
- The Town of Wallingford.
A.
No person shall throw, scatter, spill, place or cause
to be blown, scattered, spilled, thrown or placed or otherwise dispose
of any litter: upon any public property; upon any private property
not owned by him; or upon any private property owned by him in such
quantity or of such quality as to constitute an unsanitary condition
or a detriment to the health, safety and/or welfare to any inhabitants
of the Town. This prohibition shall not apply when such property has
been designated for the disposal of garbage or refuse or when such
litter is deposited into a litter receptacle in such manner that the
litter will be prevented from being carried away by the elements.
B.
The owner or lessee of any property being used for
recreational or commercial activity, which activity takes place in
the yard of such property and involves invitees of the owner or lessee
of the property for such recreational or commercial activity, shall
be responsible for any litter thrown, scattered, spilled, blown or
placed onto any adjoining public or private property by such invitees
while on the owner's or lessee's property for such purposes. For purposes
of this section, it shall be a rebuttable presumption that any litter
found on such adjoining property was thrown, scattered, spilled, blown
or placed there by such invitees.
C.
Persons who place their household garbage or household
waste at curbside in plastic bags or open containers shall be responsible
for collecting such garbage or waste immediately upon its being scattered
upon public or private property as the result of the bags being torn
open by animals or other-causes or the open containers being knocked
or blown over.
D.
Persons hauling trash shall be responsible for collecting
any litter immediately upon its being spilled or scattered upon public
or private property while in the process of emptying any dumpsters
or other containers of waste and/or while in the process of driving
their vehicles along Town roads while hauling trash.
E.
No litter which consists of household garbage shall
be left at curbside for a period of more than 24 hours.
F.
It shall be a rebuttable presumption that litter which
identifies the address of a business or of a housing unit was thrown,
scattered, spilled or placed at the location where it was found by
the occupant of such business address or the resident of such housing
unit.
G.
When any litter is thrown, blown, scattered or spilled
from any vehicle, the operator thereof shall be deemed prima facie
to have committed such offense.
H.
It is found that products, such as advertising circulars
and free sample newspapers and magazines, not solicited by the owner
or resident of the property to which delivered have a tendency to
become litter when not deposited in any receptacle or upon any porch
on such property, and, therefore, no person shall deliver such items
to such property by depositing the same at curbside or upon the lawn,
driveway or sidewalk.
I.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Town the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. All persons
owning or occupying places of business within the Town shall keep
the sidewalk in front of their business premises free of litter.
This article shall be enforced by the Sanitary
Inspector or his designee and by the Police Department, acting separately
or jointly.
A.
Any person who violates this article shall be fined
$90 for each and every day that the condition which caused the violation
is not abated. Service of the citation shall be either in hand by
the enforcement official or by any State Marshal or by certified mail,
return receipt requested. The citation shall specify the condition
deemed to be in violation and shall advise that the person cited may
contest his or her liability before a hearing officer by delivering
or mailing an appeal on a citation appeal form available in the Town
Clerk's Office, Room 108 in the Town Hall, to Room 308 in the Town
Hall, 45 South Main Street, Wallingford, Connecticut, within 10 days
of the date of service.
B.
The official charged with enforcement of this article
shall initiate the process by issuance of a written warning containing
the following information:
(1)
The specific condition deemed to be in violation;
(2)
That abatement of said condition must be accomplished
by a date certain which shall not exceed seven days from the date
of the warning.
(3)
That, upon request and for good cause shown, the said
official may grant additional time for abatement;
(4)
That any violator shall be fined $90 for each day
that the condition remains not abated.
(5)
That if any citation for violation is issued, the
person may contest his liability before a hearing officer by delivering
or mailing his appeal on a citation appeals form available in the
Town Clerk's Office, Room 108, Town Hall, 45 South Main Street, Wallingford,
Connecticut, within 10 days of the date of service of the citation.
A.
Any person cited for a violation of this article may
appeal the citation within 10 days of the date of service of citation
on a citation appeals form available in the office of the Town Clerk,
45 South Main Street, Wallingford, Connecticut.
B.
The Mayor shall appoint a Citation Hearing Officer,
other than an employee of the Health Department or an employee of
the Police Department, who shall serve until his successor is appointed.
C.
The hearing procedure shall be as set forth in § 7-152c
of the General Statutes except as modified herein.
D.
Any person who requests a hearing shall be given written
notice of the date, time and place for the hearing, which hearing
shall be not less than five nor more than 30 days from the date of
service of the citation, provided that the hearing officer may grant,
upon good cause, any reasonable request for postponement or continuance.
E.
The Hearing Officer may consider any documentary evidence
on behalf of the enforcement official and on behalf of the person
contesting his liability and shall render his decision within five
days of the close of the hearing, unless he determines to inspect
the premises, in which case, he shall render his decision within five
days of such inspection.
F.
If the Hearing Officer determines the person is not
liable for the violation, he shall dismiss the citation in writing.
If he determines the person is liable for the violation, he shall
enter and assess the fine and shall mail, or cause to be served upon
such person, a notice of said assessment which shall be payable upon
the date of its entry. Failure to pay such assessment can result in
a Superior Court judgment.
G.
A person against whom an assessment has been noticed
may file an appeal, in the form of a petition to reopen the assessment,
with the Superior Court for the Judicial District of New Haven at
Meriden, within 30 days of the mailing or service of the notice of
such assessment.
[Adopted 9-25-2007 by Ord. No. 550]
The Town Council finds that in order to create
and maintain a healthful and clean environment and to reduce litter
and nondegradable wastes, it is necessary to regulate the sale and
use of certain objectionable products at public functions.
As used in this article, the following terms
shall have the meanings indicated:
- OBJECTIONABLE PRODUCTS
- Silly string.
- SILLY STRING
- An aerosol can from which string-shaped foam material may be sprayed.
No person, firm or corporation shall possess,
use, offer for sale or sell the product commonly known as "Silly String"
during the following time periods and at the following places:
A.
Time periods: on days of operation of carnivals, festivals
and the Taste of Wallingford requiring a permit from the appropriate
Town of Wallingford agency and on days of public parades.
B.
Places: at or upon public parks, public buildings,
public streets, public sidewalks and public parking lots and/or any
other public property.
This article shall not apply to objectionable
products in transit or storage in interstate commerce.
Any person who violates this article shall be
subject to a fine of $25.
