[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.]
GENERAL REFERENCES
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.
