As used in this article, the following terms shall have the
meanings indicated:
A litter storage and collection receptacle as required and authorized in § 245-8.
Any circular, leaflet, pamphlet, paper, booklet or any other
printed or otherwise reproduced original or copies of any matter of
literature which:
Advertises for sale any merchandise, product, commodity or thing;
Directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales;
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; or
While containing reading material 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.
Putrefactive animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the United States Postal Service
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any printed or written matter, any sample or 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 definition of "commercial
handbill" or "newspaper."
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.
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.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
All putrefactive and nonputrefactive solid wastes and domestic
animal feces (except human body wastes), including garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles and industrial
wastes.
Nonputrefactive solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Town, except in public receptacles,
in authorized private receptacles for collection or in official Town
dumps.
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.
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 or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the Town the accumulation of litter from any building or lot or from
any public or private sidewalk or driveway. Persons owning or occupying
places of business within the Town shall keep the sidewalk in front
of their business premises free of litter.
A.
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.
B.
No person shall drive or move any truck or other vehicle within the
Town unless such vehicle is so constructed or loaded 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.
No person shall throw or deposit litter in any park within the
Town, except in public receptacles and in such a 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 properly disposed of elsewhere, as provided herein.
A.
Throwing or distributing commercial handbills in public places. No
person shall throw or deposit any commercial or noncommercial handbill
in or upon any sidewalk, street or other public place within the Town,
nor shall any person hand out or distribute or sell any commercial
handbill in any public place; provided, however, that it shall not
be unlawful on any sidewalk, street or other public place within the
Town for any person to hand out or distribute, without charge to the
receiver thereof, any noncommercial handbill to any person willing
to accept it.
[Amended 3-4-1991 by Ord. No. 2-1-91]
B.
Depositing commercial and noncommercial handbills on uninhabited
or vacant premises. No person shall throw or deposit any commercial
or noncommercial handbill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
C.
Distributing commercial and noncommercial handbills at inhabited
private premises.
(1)
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited, except by
handing or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises; provided,
however, that in case of inhabited private premises which are not
posted, as provided in this chapter, such person, unless requested
by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises, if such
handbill is so placed or deposited as to secure or prevent such handbill
from being blown or drifted about such premises or sidewalks, streets
or other public places, and except that mailboxes may not be so used
when so prohibited by federal postal law or regulations.
(2)
Exemption for mail and newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States nor
to newspapers, as defined herein, except that newspapers shall be
placed on private property in such a manner as to prevent their being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon 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.
The owner or person in control of any private 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.
No person shall throw or deposit litter on any open or vacant
property within the Town, whether owned by such person or not.
[Added 3-4-1991 by Ord. No. 2-1-91; amended 7-7-2014 by Ord. No. 6-1-14]
An owner or person having control of a domestic animal shall not allow the animal to defecate on public property or private property not belonging to the owner or person having control without having in the person's possession a suitable container for the removal and disposal of the waste. The owner or person having control of the animal must remove immediately any waste deposited by the animal and dispose of the waste in a proper and sanitary manner. A violation of this section is a municipal infraction (see § 245-30).
A.
Notice to remove. The Town Manager 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 or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 14 days of receipt of written notice provided for in Subsection A above or within 14 days of the date of such notice, in the event that the same is returned to the United States Postal Service 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 Town Clerk is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
Charge included in tax bill. When the Town has effected the removal
of such dangerous litter or has paid for its removal, the actual cost
thereof, plus accrued interest at the rate of 1% per month on the
unpaid balance from 30 days from the date of the completion of the
work, shall be charged to the owner of such property on the next regular
tax bill forwarded to such owner by the Town, and said charge shall
be due and payable by said owner at the time of payment of such bill.
