[Amended 5-15-2018 by Order No. 18-116-01; 6-18-2019 by Order No. 19-274-01]
A.
No person shall throw, drop, deposit, discard, dump, or otherwise
dispose of any garbage, tobacco product, yard waste, solid waste,
construction and demolition debris, vehicle, prohibited waste, hazardous
waste, litter or waste matter in general, or cause the same to be
thrown, dropped, deposited, discarded, dumped, or otherwise disposed
upon any street, sidewalk, alley, gutter, park, or other public way,
or upon any premises, private property, public property or vacant
lot or in any water, or store or keep the same except in suitable
containers or in litter baskets as supplied by the City or deposited
at a disposal facility or the transfer station in an appropriate manner.
B.
Where the City has supplied litter baskets, no person shall use the
litter basket for the disposal of large volumes of solid waste from
residential or commercial activity.
The definitions set forth in 38 M.R.S.A. § 1303-C,
as amended herein, apply to this chapter. For the purposes of this
chapter, the terms below are defined as follows. Any word not otherwise
defined in 38 M.R.S.A. § 1303-C or below shall have its
ordinary meaning:
Waste generated through the construction, repair or demolition
of structures including, but not limited to discarded, collapsed,
or detached parts of a building or structure thereof and including
but not limited to inert material plaster, lath, plumbing fixtures,
insulation, asphalt, asphalt shingles, wall board, pipes, treated
wood (wood products which have been treated with copper, chromium,
arsenic and/or creosote), and conduit; but does not include partially
filled containers, friable asbestos or other special waste.
Unwanted or discarded solid material with insufficient liquid
content to be free flowing, including, by way of example and not by
limitation, rubbish, garbage, scrap material, junk, refuse, but shall
not include septic tank sludge nor agricultural, biomedical or hazardous
waste; it shall also include recyclable material, acceptable waste,
and unacceptable waste as defined herein. The fact that a solid waste
or constituent of the waste may have value or other use, or may be
recycled, or may be sold or exchanged does not exclude it from this
definition.
For material other than recyclable material, yard waste,
or construction or demolition debris, a City-approved plastic bag
or a dumpster as herein defined in this chapter.
For recyclable material as herein defined in this chapter,
a rectangular plastic bin obtained from the Public Works Department
or other container so designated with a sticker obtained from the
Public Works Department.
No person shall keep any solid waste, acceptable waste, unacceptable
waste, construction and demolition debris, garbage, rubbish, scrap
metal, offal, swill or refuse, or scraps of meat or fish, or any decayed
matter, vegetable or animal, unless confined in suitable containers.
Any person, firm, or corporation person who violates any provision
of this chapter may be penalized in the following manner:
A.
Civil penalties. Violating any provision of this chapter is a civil
penalty enforced by the Police Department or enforced by the Code
Enforcement Officer pursuant to 30-A M.R.S.A. § 4452. In
any such proceeding, the City may order abatement of any violations,
pay a penalty between $100 and $2,500 per violation, per day, and
pay the court costs, attorneys and expert witness fees incurred by
the City.
B.
Littering penalties. In addition to other penalties in this chapter,
littering, as defined in the Maine Litter Control Act, 17 M.R.S.A.
§ 2261 et seq., is a civil penalty and may be enforced and
prosecuted pursuant to 17 M.R.S.A. § 2261 et seq.
Anyone who has had their collection of acceptable waste or recyclables from residences or use of the transfer station denied or suspended pursuant to § 220-36, 220-5, or 220-6 shall be entitled to a hearing before the Public Works Director if such request is made in writing within 30 days of the denial or suspension. The decision of the Public Works Director shall be final.
