Town of Braintree, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Braintree 12-7-2010 by Ord. No. 10-040 (former Ch. 8.12 of the Town Bylaws, which derived from prior code Ch. 75). Amendments noted where applicable.]
GENERAL REFERENCES
Trash haulers — See Ch. 5.590.
Mandatory recycling for residential properties — See Ch. 8.500.
For purposes of this chapter only, "commercial properties" shall be defined as any business, firm, store, shopping plaza, property dedicated to business use, any residential dwelling of more than four units, nursing home, congregate living facility, hospital, hotel, motel, or lodging house.
A. 
Any business, firm, store, group of stores, shopping center, shopping plaza, or residential dwelling of more than four units which stores or disposes of its refuse in bins, dumpsters or similar containers is required to fence off or otherwise enclose such containers if, in the opinion of the Health Department, the conditions in and around such containers constitute a public nuisance or if so required pursuant to a permit issued by the Planning Board.
B. 
The Health Department may direct the property owner in question to maintain the containers within an enclosure created by a solid fence or wall, in such a manner that the containers are screened from public view, and constructed so as to effectively trap any refuse which may accidently be spilled from the containers.
Solid waste, including recyclable materials and garbage placed upon the sidewalk for collection by any residential property owner or a commercial property owner, if said commercial property owner is permitted by the Department of Public Works Advisory Board to avail itself of the Town's curbside collection, shall become the property of the Town. It shall be a violation of this chapter if any person, other than authorized agents of the Town, acting in the course of their employment or contract, collects or causes to be collected any solid waste or recyclables so placed. For a first offense, the fine shall be $50; for a second offense, the fine shall be $100; and for a third or subsequent offenses, the fine shall be $300. Each and every such collection in violation of this section shall constitute a separate offense.
No person other than the Town, its agents, or a person duly licensed by the Board of Health, in writing, pursuant to reasonable rules and regulations for the issuance of such license as promulgated by the Board of Health, shall collect, take away or remove any such rubbish, including recyclable materials, or garbage so placed, except that the depositor may reclaim any or all of it prior to removal thereof by the Town, its agents or duly licensed person.
The Mayor, or his designee, for the purpose of facilitating the collection of solid waste, recyclable materials, and refuse, may request the Police Department to remove or cause to be removed to some convenient place in the Town, including in such term a public garage, from any portion of a public way therein or from any private way therein open to public use, any vehicle parked contrary to a sign within 100 feet banning parking at such time and place or any other vehicle parked in such a manner as to impede an authorized solid waste or recycling hauler from collecting said solid waste and recyclable materials. The cost of removing the vehicle and the cost of the resulting storage charges, if any, shall be assessed against the owner of such vehicle.