Town of Stratford, CT
Fairfield County
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Chapter 133: LITTERING
[HISTORY: Adopted by the Town Council of the Town of Stratford 4-14-1997 by Ord. No. 96-36. Editor's Note: This ordinance superseded the provisions of former Ch. 133, Litter, comprised of the following: Art.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. Amendments noted where applicable.]

GENERAL REFERENCES

Health regulations — See Ch. 120.
Transporting of dust — See Ch. 154, Art. II.
Property maintenance — See Ch. 161.
Solid waste — See Ch. 182.
Streets and sidewalks — See Ch. 186.

§ 133-1 Definitions.

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
AIRCRAFT
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.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle as authorized by the Director of Public Works.
COMMERCIAL HANDBILL
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:
A. Which advertises for sale any merchandise, product, commodity or thing;
B. 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;
C. 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
D. 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.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse and rubbish, 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 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 Community Services. "Litter" shall not include sand, salt or other appropriate chemicals upon any icy or slippery condition.
NEWSPAPER
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.
NONCOMMERCIAL HANDBILL
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."
PARK
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.
PRIVATE PREMISES
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.
PUBLIC PLACE
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.
REFUSE
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.
RUBBISH
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.
VEHICLE
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.

§ 133-2 Prohibited activity.

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.

§ 133-3 Use of 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.

§ 133-4 Sweeping of litter into gutters, streets or public places prohibited.

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.
B. This section is not applicable to the Town of Stratford's Bulk Leaf Pickup Program. (See § 182-6B.)

§ 133-5 Sidewalks to be kept clean.

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.

§ 133-6 Littering from vehicles prohibited.

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.

§ 133-7 Truck restrictions.

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.

§ 133-8 Litter in parks.

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.

§ 133-9 Litter in bodies of water.

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.

§ 133-10 Littering from aircraft prohibited.

No person in any aircraft shall throw out, drop or deposit within the Town any litter, handbill or any other object.

§ 133-11 Litter on private property.

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.

§ 133-12 Duties of property owners.

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.

§ 133-13 Litter on vacant lots prohibited.

No person shall throw or deposit litter on any open or vacant private property within the Town, whether owned by such person or not.

§ 133-14 Removal by Town.

[Amended 3-12-2007 by Ord. No. 07-03]
A. Notice to remove. The Mayor or his 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 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 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 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.

§ 133-15 Enforcement.

[Amended 3-12-2007 by Ord. No. 07-03]
It shall be the duty of the Mayor or his designee to enforce the provisions of this chapter and any rules or regulation promulgated under this chapter.

§ 133-16 Violations and penalties.

Any person who violates any provision of this chapter shall be fined not more than $100, and 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.