This article shall be known as and may be cited as the "Smithsburg
Garbage, Rubbish and Refuse Ordinance."
A.
It shall be the duty of each householder to provide one or more containers
for the reception of garbage and household refuse, as said terms for
container are defined in this article.
B.
Except as herein provided, a container in which any garbage is deposited
shall be made of metal or rigid plastic and be free of leaks and shall
be provided with a suitable cover or lid and an adequate handle for
lifting the container.
C.
A container in which household refuse only is deposited shall be
made of metal, plastic, wood or other material not affected by water
or inclement weather conditions and shall be of sufficient size and
strength to conveniently hold its contents.
D.
A good-quality plastic bag may be used as a container for both garbage
and household refuse, the same to be free of leaks and of sufficient
size and strength to conveniently hold its contents, any such bag
to be securely fastened or tied so as to prevent leakage or loss of
any part of its contents.
E.
Containers generally known as "cartons" or "pasteboard cartons" may
be used as a container for both garbage and household refuse, the
same to be free of leaks and of sufficient size and strength to conveniently
hold its contents, any such container to be securely fastened or tied
so as to prevent leakage or loss of any part of its contents.
F.
It shall be unlawful for any person to use or permit to be used a
container for the reception of garbage or household refuse, preparatory
to its collection as hereinafter set forth, that does not comply with
the provisions of this article.
It shall be the duty of the householders, no earlier that 4:00
p.m. of the day before the day on which the collector shall make his
rounds on their street or block of the Town, to place their garbage
and household refuse containers in front of their premises at the
edge of the curb, so as to be of easy access to the collector, and,
as soon as possible after the rigid material containers are emptied,
to return such containers to some convenient place about the premises
out of view from the public street, it being understood that if good-quality
plastic bags are used as containers, the collector will take both
the bags and their contents.
It shall be unlawful for any person to throw upon the sidewalks
or streets of the Town any wastepaper or waste matter of any kind,
character or description whatsoever, but such waste matter may be
deposited in cans or other containers, if any, placed upon the sidewalks
by the Town for the reception of such matter.
It shall be unlawful for any person to throw, dump or deposit
any trash, junk, garbage, household refuse, or other refuse upon any
public street or alley within the Town or upon any land owned by the
Town, save and except within the confines of a public dump or transfer
station owned and operated by or on behalf of the Town, and then only
in accordance with the rules and regulations adopted for the operation
thereof.
In the event that a person uses or permits to be used a container
for the reception of garbage or household refuse that leaks or loses
any part of its contents prior to collection, that person is responsible
for cleanup of the leaked or lost contents.
A.
If a householder, prior to 4:00 p.m. of the day before the day on
which the collector shall make his rounds on his street or block of
the Town, places, or permits to be placed, his garbage and household
refuse containers on the streets or sidewalks of the Town, otherwise
is in violation of this article, or fails to return his containers
to some convenient place about the premises out of view from the public
street within a reasonable time after the rigid material containers
are emptied, such reasonable time to be within 24 hours after the
same are emptied, the Town may cause the same to be removed from the
streets and sidewalks of the Town after due notice to the householder,
if the householder's identity is known.
B.
In the case of a householder causing or permitting his garbage and
household refuse containers to be placed on the streets or sidewalks
either at an improper location or prior to 4:00 p.m. of the day before
the day on which the collector shall make his rounds on his street
or block of the Town, the Town shall cause written notice of the violation
and the possibility of such removal to be given to the householder,
if such person's identity is known, by either mailing or delivering
a written notice to the householder at the last known address of the
householder or by posting or placing the notice on the property in
front of which the containers are located, at the place of residence
of the householder, on or about the containers themselves, or by any
other means reasonably calculated to give notice to the householder.
Said notice for early setout may be given prior to or after the collector
has made his rounds on that particular occasion.
C.
For a subsequent violation of the requirements of this article, which
violation occurs within 12 months of the notice given under either
of the two preceding subsections of this section, the Town may cause
the offending garbage and household refuse containers to be impounded,
confiscated and removed either prior to and/or subsequent to pickup
of the contents by the collector and retain the containers as provided
in this article, subject to redemption as provided in this article.
A.
Any garbage and household refuse containers impounded, confiscated
and removed by the Town for violation of the provisions of this article
may be redeemed by the householder or owner thereof after the payment
of a fee of $35, provided that the person or persons effecting the
redemption execute a document affirming that he/she/they is/are the
owner of the impounded containers.
B.
Redemption must be completed within 30 days of impoundment of the
containers, unless the identity of the owner is actually known.
C.
If any of the containers impounded under this article are not redeemed
within 30 days from the impoundment thereof if the owner is not known
or within 30 days where the owner is actually known and has been notified
in writing of the impoundment, the Town may dispose of the impounded
containers in any manner it deems reasonable, without further responsibility
or liability to the owner thereof. Notice to an owner may be given
by notice directed to any address reasonably calculated to give actual
notice to that owner. Notice can be given by certified mail.
If any person violates any of the terms of the sections of this
article, such person, upon conviction thereof, shall be fined not
less than $25 nor more than $100 for each offense. A separate offense
shall be deemed to be committed for each day during or on which said
violation is permitted to exist.
