[HISTORY: Adopted by the Town Council of
the Town of Stratford 4-14-1997 by Ord. No. 96-36.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Health regulations — See Ch. 120.
Property maintenance — See Ch. 161.
Solid waste — See Ch. 182.
Streets and sidewalks — See Ch. 186.
[1]
Editor's Note: This ordinance superseded the
provisions of former Ch. 133, Litter, comprised of the following:
Art. I, Materials Falling From Vehicles, adopted as Sec. 18-12 of
the 1963 Code; and Art. II, Prohibited Acts, adopted 2-14-1968.
[Amended 3-11-2019 by Ord. No. 19-01]
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
Any contrivance now known or hereafter invented, used or
designed for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as authorized
by the Director of Public Works.
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:
Which advertises for sale any merchandise, product, commodity
or thing;
Which directs attention to any business, mercantile or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales;
Which directs attention to or advertises any meeting, theatrical
performance, exhibition or event of any kind for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this subsection shall not apply where an admission fee is
charged or a collection is taken up for the purpose of defraying the
expenses incident to such meeting, theatrical performance, exhibition
or event of any kind, when either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order, provided that nothing contained in this
subsection shall be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition or event
of any kind without a license where such license is or may be required
by any law of this state or under any ordinance of this Town; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse, rubbish, and commercial handbills, as defined
in this section, and all other waste material which, if thrown or
deposited as herein prohibited, tends to create a danger to public
health, safety and welfare. "Litter" shall also include the placing,
throwing or distribution of items, books, telephone books and commercial
or noncommercial handbills onto property where the owner thereof has
neither requested nor granted permission for such placing, throwing
or distribution. "Litter" shall not include clean excavated earth,
unless the same may be objectionable by reason of dust or foul odors,
or fill material approved by the Director of Public Works. "Litter"
shall not include sand, salt or other appropriate chemicals upon any
icy or slippery condition.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States 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, includes any periodical
or current magazine regularly published with not fewer than four issues
per year and sold to the public.
Any printed or written matter, any sample, device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a "commercial handbill" or "newspaper."
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 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 or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, highways and boulevards, alleys or other
publicly owned or controlled ways, and any and all publicly owned
or controlled parks, squares, spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned/automobiles and solid market and industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
materials.
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.
[Amended 3-11-2019 by Ord. No. 19-01]
In addition to any other prohibitions of various forms of littering
contained in this chapter, no person shall throw or deposit litter
on any exterior portion of property occupied by a business or in or
upon any street, sidewalk or other public place within the Town, except
in public receptacles for collection or in official Town dumps. No
person shall place trash bags on any exterior portion of property
occupied by a business or in or upon any street, sidewalk or other
public place within the Town, including adjacent to public receptacles.
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.
A.
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, place of business, lot or from any public or private
sidewalk or driveway.
Persons owning or occupying property or places
of business within the Town shall keep the sidewalk in front of their
property or 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
so as to prevent any 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; provided, however, that this restriction shall
not apply to the owner or operator of any vehicle or truck who has
received prior written approval from the Director of Public Works
as to methods and frequency of cleanup.
No person shall throw or deposit litter in any
park within the Town except in public receptacles and in such 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 shall be properly disposed of elsewhere as provided
herein.
No person shall throw or deposit litter in any
fountain, pond, lake, stream or any other body of water in a park
or elsewhere within the Town.
No person in any aircraft shall throw out, drop
or deposit within the Town any litter, handbill or any other object.
No person shall throw or deposit litter on any
occupied private property 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 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.
[Amended 3-12-2007 by Ord. No. 07-03; 3-11-2019 by Ord. No. 19-01]
A.
Notice to remove. The Mayor or his/her authorized representative
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 last known
address.
B.
Action upon noncompliance. Upon the failure, neglect, refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within five days after receipt of the written notice provided for in Subsection A above or within five days after the date of such notice in the event that the same is returned to the Town Post Office Department 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 Mayor or his/her authorized representative is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Town.
C.
Recorded statement constitutes lien. Upon completion of such work,
the Mayor or his/her authorized representative shall determine the
reasonable cost thereof and bill the owner or agent therefor. Upon
failure of the owner or agent to remit to the Town the amount of such
charge within 30 days from the date of such notice, the Mayor or his/her
authorized representative, within 90 days from the date of such notice,
shall cause to be recorded in the land records of the Town 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 legal interest, plus
costs of court, if any, for collection, until final payment has been
made. 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. Said lien shall be of the
same effect and may be foreclosed in the same manner as a tax lien.
[Amended 3-12-2007 by Ord. No.
07-03; 3-11-2019 by Ord. No. 19-01]
It shall be the duty of the Mayor or his/her designee to enforce
the provisions of this chapter and any rules or regulations promulgated
under this chapter.
[Amended 3-11-2019 by Ord. No.
19-01]
Any person who violates any provision of this chapter shall be fined not more than $250, except for a violation of § 133-8 of this chapter, in which case the fine shall be $350. When such material or substances are thrown, blown, scattered or spilled from a vehicle, the operator thereof shall be deemed, prima facie, to have committed such offense. Each day that any such violation shall continue shall constitute a separate offense. The imposition of any fine hereunder shall not prevent the enforced abatement of any unlawful condition by the Town.
