[HISTORY: Adopted by the Representative Town Meeting of the Town of Branford 6-15-1989. Amendments noted where applicable.]
The Code of the Town of Branford is hereby amended by repealing Chapter 176 and adding a new Chapter 176 to be entitled the "Branford Anti-Litter Ordinance."
Editor's Note: Former Ch. 176, Littering, was adopted 10-11-1972.
As used in this chapter, the following terms shall have the meanings indicated:
- Any discarded, used or consumed substance or waste material, whether made of aluminum, glass, plastic, rubber, paper or other material or synthetic material or combination thereof, including but not limited to any bottle, jar or can or any top, cap or detachable tab of any bottle, jar or can, unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden wastes, newspaper, 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.
- 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.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, mailbox belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any area that is used or is held out for use by the public whether owned or operated by public or private interests.
- The Town of Branford.
No person shall deposit litter in or upon any street, sidewalk or other public place within the Town except in public receptacles or in an authorized private receptacle for collection; provided, however, that said public receptacles shall not be used by persons owning or occupying property in the vicinity of said public receptacles for the deposit of domestic or commercial litter arising from the conduct of activities on such property.
No person 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.
Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
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 any accumulation of litter, and all persons owning or occupying places of business within the Town shall keep the sidewalk in front of their 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. The operator of said vehicle shall be deemed, prima facie, to have committed such offense.
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is constructed or loaded as to prevent load, contents or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the Town, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind, excluding any public road construction.
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 fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the territorial waters of the Town of Branford.
No person shall throw or deposit litter on any occupied private property within the Town, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that the 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 persons in control of any private premises or public place shall use reasonable efforts to maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in 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.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street, utility pole or other public place within the Town.
No person shall throw or deposit any commercial or noncommercial 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 noncommercial handbill to any occupant of a vehicle who is willing to accept it.
No person in an aircraft shall throw out, drop or deposit within the Town any litter, handbill or any other object.
It shall be unlawful for any person owning, keeping, walking or in control of any dog or other animal to allow or permit such animal to defecate upon any private property owned by another person or a public place unless such person shall remove all feces so deposited by such animal.
The provisions of this section shall not apply to horses or a guide dog accompanying any blind person.
All ordinances and parts of ordinances in conflict with the provisions of this chapter are hereby repealed.
If any section, paragraph, sentence, clause or phrase of this chapter shall for any reason be held to be invalid or unconstitutional by decree or decision of any court of competent jurisdiction, such decree or decision shall not affect or impair the validity of any other section or remaining portion of this chapter.
Within 12 months from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees, the Town of Branford shall send notice to the person cited. Such notice shall inform the person cited:
Of the allegations against him and the amount of the fines, penalties, costs or fees due;
That he may contest his liability before a citation hearing officer by delivering in person or by mail written notice within 10 days of the date thereof;
That if he does not demand such a hearing, an assessment and judgment shall be entered against him; and
That such judgment may issue without further notice.
If the person who is sent notice pursuant to Subsection A wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to an official designated by the Town of Branford. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided for in Subsection A shall be deemed to have admitted liability, and the designated Branford official shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in Subsection D.
Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than 15 days nor more than 30 days from the date of the mailing of the notice, provided that the hearing officer shall grant, upon good cause shown, any reasonable request by any interested party for postponement or continuance. An original or certified copy of the initial notice of violation issued by the issuing official or policeman shall be filed and retained by the Town of Branford and shall be deemed to be a business record and evidence of the facts contained therein. The presence of the issuing official or policeman shall be required at the hearing if such person so requests. A person wishing to contest his liability shall appear at the hearing and may present evidence in his behalf. A designated Branford official, other than the hearing officer, may present evidence on behalf of the Town of Branford. If such person fails to appear, the hearing officer may enter an assessment by default against him upon a finding of proper notice and liability under the applicable statutes or ordinances. The hearing officer may accept from such person copies of police reports, investigatory and citation reports, and other official documents by mail and may determine thereby that the appearance of such person is unnecessary. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as he deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The hearing officer shall announce his decision at the end of the hearing. If he determines that the person is not liable, he shall dismiss the matter and enter his determination, in writing, accordingly. If he determines that the person is liable for the violation, he shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by the applicable ordinances of the Town of Branford.
If such assessment is not paid on the date of its entry, the hearing officer shall send by first-class mail a notice of the assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of assessment with the clerk of the Superior Court for the geographical area in which the Town of Branford is located, together with an entry fee of $8. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one record of assessment. The clerk shall enter judgment, in the amount of such record of assessment and court costs of $8, against such person in favor of the Town of Branford. Notwithstanding any provision of the General Statutes of Connecticut, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment, and a levy of execution on such judgment may issue without further notice to such person.
A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to Section 52-259, in the Superior Court for the geographical area in which the municipality is located, which shall entitle such person to a hearing in accordance with the rules of the Judges of the Superior Court.
Editor's Note: Refers to Connecticut General Statutes, Section 52-259.