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."
As used in this chapter, the following terms shall have the meanings
indicated:
LITTER
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.
PARK
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.
TOWN
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.
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.