[Adopted 11-13-1984 by Ord. No. 84-6]
This article may be known and cited as the "Portsmouth
Solid Waste Storage and Transportation Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
Any vessel into which any solid waste or refuse material
is placed for temporary storage outside of any building.
Any self-propelled means of transportation, such as automobiles,
pickup trucks, etc., and also extends to trailers or any other instrumentality
into which solid waste and refuse material is placed for transportation
to a refuse disposal site or facility.
Each solid waste container kept and maintained by any person
within the Town of Portsmouth shall be covered by a covering sufficient
to prevent the uncontrolled dispersal of solid waste and refuse material
therefrom and to prevent the uncontrolled escape of noxious odors
emanating from said solid waste and to prevent insects, vermin and
other animals from entering into said solid waste containers. Those
containers, commonly referred to as "dumpsters," and more specifically
known as Burtman Iron Works manufactured gauged steel containers with
lids, or their equivalent, shall be deemed to comply with the requirements
of this article, provided that the lids are closed.
[Added 9-10-2003 by Ord. No. 2003-09-10]
It is hereby declared to be a nuisance and it
shall be unlawful for any person to make, cause, conduct, suffer or
permit to be made or caused or conducted the emptying or dumping of
a trash container and/or a dumpster between the hours of 11:00 p.m.
and 7:00 a.m. in such a manner as to be plainly audible at a distance
of 50 feet from the building, structure or vehicle in which or near
which such trash container and/or dumpster is located and shall be
prima facie evidence of a violation of this section.
No person shall allow, permit or cause any vehicle
containing any solid waste material to be parked in any open space
within 100 feet of any residence for a period exceeding one hour without
reasonable cause to do so; provided, however, that commercial vehicles
used in the transportation of solid waste and refuse material may
be parked for periods exceeding one hour within 100 feet of a residence,
providing that such vehicles have been rendered free of all solid
waste and refuse materials, have been treated with a disinfectant
solution sufficient to destroy or render harmless any microbes or
organisms harmful to human health, and providing that no noxious odors
emanate from such vehicles and providing that insects, vermin and
other animals are prevented from entering or exiting such vehicle.
[Amended 9-10-2003 by Ord. No. 2003-09-10]
Any person who violates any provision of this
article shall be deemed guilty of a violation and, upon conviction
thereof, shall be fined not exceeding $100. Each day such violation
is committed or permitted to continue shall constitute a separate
violation and shall be punishable as such hereunder.
