[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.
