[HISTORY: Adopted by the Town Council of the Town of Braintree 12-7-2010 by Ord. No. 10-040 (former Ch. 8.13 of the Town Bylaws, adopted ATM 5-10-2004 by Art. 27). Amendments noted where applicable.]
Garbage collection and disposal — See Ch. 8.400.
This chapter is enacted in order to preserve the environment by reducing the amount of refuse sent to landfills and incinerators and to comply with Department of Environmental Protection waste ban regulations. It is the policy of the Town to reduce the amount of solid waste generated and to require the recycling of recyclable materials to the fullest extent possible.
For purposes of this chapter only, "residential properties" shall include one- and two-family dwellings, as defined in the Town's Zoning Ordinances, and residential properties with four units or fewer, regardless of whether owner-occupied or rented, or any other residential property as may be permitted by the Department of Public Works Advisory Board to participate in the Town's curbside collection program.
Each residential owner or occupant who receives solid waste collection services from the Town's solid waste contractor shall comply with all regulations of the Department of Public Works or the Massachusetts Department of Environmental Protection relative to the collection of solid waste and recyclable materials. The preparation and placement of solid waste and recyclables shall be accomplished in accordance with rules and regulations issued by the Department of Public Works Director or his designee.
Upon placement of solid waste and recyclables for the Town or its contractor at curbside, pursuant to this chapter, such solid waste and recyclables 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 violation.
The Department of Public Works Director may promulgate rules and regulations for the implementation for this chapter.
Whoever violates any provision of this chapter, including any rule or regulation promulgated hereunder, may be penalized by a fine of up to $300. In the alternative, the Town may impose a noncriminal disposition penalty pursuant to MGL c. 40, § 21D, in the amount of $50. The designated enforcing persons under MGL c. 40, § 21D, for this chapter shall be any police officer of the Town and any designated staff of the Department of Public Works. A noncriminal disposition penalty will be imposed under this chapter only after the violator receives a written warning regarding the violation indicating the method of correction.
This chapter and the various parts, sentences and clauses are declared to be severable. If any part, sentence or clause is adjudged to be invalid, the remainder of this chapter shall not be affected thereby.