[Ord. No. 90-3, §§ 1
— 4; amended 2-3-2014 by Ord. No. 14-01]
The following definitions shall apply in the interpretation
and enforcement of this article:
The period of time commencing between October 15 and October
25 (when leaves begin falling from the trees) and continuing for eight
weeks following that date and/or during such additional times as designated
by the Town Manager or his designee.
Those areas operated, maintained or designated by the Town
Manager or his designee for the purpose of storing and/or disposing
of leaf waste material for composting.
Deciduous and coniferous seasonal deposition, not including
brush or branches. The foliage of trees, bushes and other plants with
a minimum contamination by rocks or soil.
A paper leaf bag shall be a sanitary kraft paper sack or
equal of 30 gallons' capacity, two-ply, fifty-pound wet strength
with decomposing glue and reinforced self-supporting square bottom
closure.
All persons or entities who reside in nonmultifamily residential
dwellings.
(a)
During the leaf waste collection period, residents who wish Town
leaf removal service shall place their leaf waste material into paper
leaf bags as defined in Section 8-77 above. These paper bags
shall be placed at the curbside on the snow shelf in a manner assuring
access by the Town or its contractors collecting such paper bags.
(b)
No material other than leaves shall be placed in these paper bags.
(c)
Compostable leaf waste material shall not be placed in plastic trash
bags during the leaf waste collection period. Leaf waste shall not
be placed in the same refuse container as or otherwise mixed with
other forms of solid waste for collection, removal or disposal during
the leaf waste collection period.
(a)
Upon placement of compostable leaf waste material for collection
by the Town or its contractor at the curbside, pursuant to this article,
such materials shall become the property of the Town. It shall be
a violation of this article for any person, other than authorized
agents of the Town acting in the course of their employment, to collect
or pickup or cause to be collected or picked up any compostable leaf
waste material so placed. This section shall not apply to any person
who elects to transport bagged leaves to the leaf waste composting
site in his or her own vehicle.
(b)
Each and every such collection or pickup in violation hereof from
one or more locations shall constitute a separate and distinct offense.
The compostable leaf waste material collected by the Town shall be
transported to and composted at a designated leaf waste composting
site.
The Town Manager or his designee shall be responsible for administering
and enforcing the provisions of this chapter and shall have the power
and authority to prescribe and promulgate such rules and regulations,
consistent with this chapter, as such officer shall deem necessary
or expedient, including, but not limited to, the form, terms and conditions
of any license or permit. The Town Manager or his designee shall have
the power and authority to revoke, suspend or amend any such rule
or regulation.
Whenever the Town Manager, his designee, or any police officer
of the Town determines that there are reasonable grounds to believe
that there has been a violation of any provision of this chapter,
such officer shall give notice of such alleged violation to the person
responsible therefor. Such notice shall be in writing and include
a statement of the reasons for its issuance and shall specify a time
frame for compliance.
(a)
Notwithstanding any penalties outlined in Articles I through V, or any civil remedies for any damages at common law or statutory law, the violation of any provision of Articles I through V of this chapter shall be punishable by a fine not exceeding $99. Each day any such violation shall continue shall constitute a separate offense and shall be punishable as such.
(b)
In addition thereto or in lieu thereof, the Town Manager or his designee
is authorized to initiate legal proceedings in the Superior Court
for the immediate correction of any violations, collection of any
penalties, and the recovery of all costs, including costs of remedial
action authorized by the court and a reasonable attorney's fee
incurred by the Town to endorse this chapter of the ordinances.
The enactment of this ordinance shall not operate as an abatement
of any action or proceeding previously taken, now pending, or taken
prior to the effective date of this ordinance. All said actions and
proceedings are hereby ratified to be continued.
All provisions of the Town Code in conflict herewith are hereby
repealed and that if for any reason, any word, clause, paragraph,
or section of this ordinance shall be held to make the same unconstitutional,
this ordinance shall not hereby be invalidated and the remainder of
the ordinance shall continue in effect. Any provision herein which
is in conflict with the Connecticut General Statutes is hereby repealed,
it being understood that said statute shall take precedence over this
ordinance.
This ordinance shall become effective 10 days after publication
in a newspaper having a substantial circulation in Windsor.
