[HISTORY: Adopted by the Common Council of the City of Burlington
1-5-1988 by Ord. No. 1203(25) as §§ 9.18 and 9.40 of the 1988
Code. Amendments noted where applicable.]
For the purposes of this chapter, certain words and phrases shall be
defined as follows:
Locally approved metal, heavy-duty paper or plastic receptacles used
for the disposal and storage of solid waste.
Any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous
solid waste which may be classed trash, debris, rubbish, refuse, garbage or
junk.
Includes, but is not limited to, the following exterior locations
owned by private individuals, firms, corporations, institutions or organizations:
yards, grounds, driveways, entranceways, passageways, parking areas, working
areas, storage areas, vacant lots and recreation facilities.
Includes, but is not limited to, the following exterior locations:
streets, street medians, roads, road medians, catch basins, sidewalks, strips
between streets and sidewalks, lanes, alleys, public rights-of-way, public
parking lots, school grounds, municipal housing project grounds, municipal
vacant lots, parks, beaches, playgrounds, other publicly owned recreation
facilities and municipal waterways and bodies of water.
A.
No person shall throw, discard, place or deposit litter
in any manner or amount on any public or private property within the corporate
limits of the City except in containers or areas lawfully provided therefor.
B.
In a prosecution charging a violation of Subsection A from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence of presumption that the registered owner was the person who committed the violation.
C.
Persons distributing commercial handbills, leaflets,
flyers or any other advertising and information material shall take whatever
measures that may be necessary to keep such materials from littering public
or private property.
D.
To facilitate proper disposal of litter by pedestrians
and motorists, such publicly patronized or used establishments and institutions
as may be designated by the Department of Public Works shall provide, regularly
empty and maintain in good condition adequate containers that meet standards
prescribed by the Department. This requirement shall be applicable but not
limited to fast-food outlets, shopping centers, convenience stores, supermarkets,
service stations, commercial parking lots, mobile canteens, motels, hospitals,
schools and colleges.
E.
No person shall deposit household solid waste in any
receptacle maintained on a sidewalk or at any other location for disposal
of litter by pedestrians.
[Added 9-3-1996 by Ord. No.
1537(11)]
F.
No person shall deposit household solid waste in a receptacle
not owned by him or provided for his use without the permission of the owner
of such receptacle.
[Added 9-3-1996 by Ord. No.
1537(11)]
A.
No person shall transport any loose cargo by truck or
other motor vehicle within the corporate limits of the City unless such cargo
is covered and secured in such manner as to prevent depositing of litter on
public and private property.
A.
Any owner or occupant of an establishment or institution
at which litter is attendant to the packing or unpacking and loading and unloading
of materials at exterior locations shall provide suitable containers there
for the disposal and storage of such litter and shall make appropriate arrangements
for the collection thereof.
B.
Further, the owner or occupant shall remove at the end
of each working day any litter that has not been containerized at these locations.
A.
No owner, agent or contractor in charge of any construction
or demolition site shall cause, maintain, permit or allow to be caused, maintained
or permitted the accumulation of any litter on the site before, during or
after completion of the construction or demolition project.
B.
The owner, agent or contractor shall have on the site
adequate containers for the disposal of litter and shall make appropriate
arrangements for the collection thereof or the transport by himself to an
authorized facility for final disposition.
C.
The owner, agent or contractor may be required at any
time to show proof of appropriate collection or, if transported by himself,
of final disposition at an authorized facility.[1]
[1]
Editor's Note: Original § 9.18(6), which immediately followed
this subsection, was deleted 9-3-1996 by Ord. No. 1537(11).
A.
All establishments and institutions which generate solid
waste for collection shall abide by the container requirements prescribed
by the contractor.
[Amended 9-3-1996 by Ord.
No. 1537(11)]
B.
Containers shall be kept covered at all times.
C.
Any container which does not conform to the prescribed
standards or which has defects likely to hamper collection or injure the person
collecting the contents thereof or the public in general shall be replaced
promptly by the owner or user of the container upon notification of such defects
from the contractor. Failure to do shall constitute a violation of this chapter.
[Amended 9-3-1996 by Ord.
No. 1537(11)]
D.
No owner, manager or employee of a commercial establishment
or institution shall deposit solid waste from that establishment or institution
in any receptacle maintained on a sidewalk or at any other location for disposal
of litter by pedestrians.
E.
No owner, manager or employee of a commercial establishment
or institution shall deposit solid waste from that establishment or institution
in any receptacle not owned by it or provided for its use without the permission
of the owner of such receptacle.
[Added 7-7-1992 by Ord. No.
1393(5)]
A.
Before building permits shall be issued for construction
of commercial buildings and multiple-dwelling units, plans for the adequacy,
location and accessibility of solid waste containerization and storage facilities
shall be approved by the Building Inspector's office.
B.
No certificate of occupancy shall be issued for such
premises until the Department's approval of these facilities has been obtained.
A.
The owner, agent, occupant or lessee shall keep exterior
private property free of litter. This applies to removal not only of loose
litter but of materials that already are or become trapped at such locations
as fence and wall bases, grassy and planted areas, borders, embankments and
other lodging points.
B.
Owners, agents, occupants or lessees whose properties
face on municipal sidewalks and strips between streets and sidewalks shall
be responsible for keeping those sidewalks and strips free of litter.
C.
Owners, agents, occupants or lessees whose properties
border on a municipal alley shall be responsible for keeping the alley free
of litter.
D.
No person shall sweep or push litter from sidewalks and
strips into streets. Sidewalk and strip sweepings shall be picked up and put
into household or commercial solid waste containers.
E.
Each nonresident owner of a vacant lot or other vacant
property shall appoint a resident agent who shall have responsibility for
keeping that lot or other property free of litter.
F.
If after due warning, citation or summons an owner, agent,
occupant or lessee fails to remove litter from private property, the Department
of Public Works shall serve written notice to the owner or his appointed agent
that if the condition is not corrected within 10 days the property shall be
cleaned by the City and the owner or his appointed agent billed for the cost
thereof. If the bill is not paid within 30 days, this amount shall be added
to the tax roll on that property.[1]
