[HISTORY: Adopted by the Common Council of the City of Norwalk 8-12-2003; amended in
its entirety 10-25-2005. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "City of
Norwalk Anti-Litter Ordinance."
A.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular number, and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
B.
CITY
GARBAGE
HANDBILL
(1)
(2)
(3)
(4)
ILLEGAL DUMPING
LITTER
LITTER RECEPTACLE
NEWSPAPER
PARK
PERSON
PRIVATE PREMISES
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
The City of Norwalk.
Any putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet and any other printed
or otherwise reproduced original or copies of any matter or literature
which:
Advertises for sale any merchandise, product, commodity or thing;
Directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales;
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which an admission fee is charged
for the purpose of private gain or profit; but the terms of this subsection
shall not apply where an admission fee is charged or a collection
is taken up for the purpose of defraying the expenses incident to
such meeting, theatrical performance, exhibition or event of any kind;
or
While containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Discarding:
Any discarded, used or unconsumed substance or waste material,
whether made of aluminum, glass, plastic, rubber, paper or other natural
or synthetic material, or any combination thereof, including, but
not limited to, any bottle, jar or can, or any top, cap or detachable
tab of any bottle, jar or can, any unlighted cigarette, cigar, match
or any flaming or glowing material or any garbage, trash, refuse,
debris, rubbish, glass clippings or other lawn or garden waste, newspaper,
magazines, glass, metal, plastic or paper containers or other packaging
or construction material which has not been deposited in a litter
receptacle.
A litter storage and collection receptacle.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States in accordance with federal statute or regulation
and any newspaper filed and recorded with any recording officer as
provided by general law and, in addition thereto, shall mean and include
any periodical or current magazine regularly published with not fewer
than four issues per year and sold to the public.
Any park, reservation, playground, beach, recreation center
or any other public area in the City owned or used by the City and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure designed
or used, either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings. Any area that is used or held out for use by the public
whether owned or operated by public or private interests.
Any putrescible and nonputrescible solid wastes, including
human wastes, including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Any nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Every device capable of being moved upon a public highway
and in, upon or by which any person or property is or may be transported
or drawn upon a public highway, except devices moved by human or animal
power or used exclusively upon stationary rails or tracks.
[Amended 10-22-2019]
A.
No person shall throw, scatter, spill or place or cause to be blown, scattered, spilled, thrown or placed, or otherwise dispose of any litter upon any public property in the City or upon private property in this City not owned by him or her or in the waters of this City except when such property is designated by the City for the disposal of garbage and refuse, and such person is authorized to use such property for such purpose, The Chief of Economic and Community Development, the Chief Building Official, or their respective designee shall enforce § 95A-3.
B.
Pursuant to Connecticut General Statutes § 22a-250, as amended from time to time, the Chief of Economic and Community Development, the Chief Building Official, or their designee may assess an administrative penalty of not more than $500 upon the person or entity violating § 95A-3A following a hearing conducted in accordance with Connecticut General Statutes § 7-152c, as amended from time to time.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property or waters.
No person shall sweep into or deposit in any gutter, street
or other public place within the City the accumulation of litter from
any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the City the accumulation of litter from any building or lot or from
any public or private sidewalk or driveway. Persons owning or occupying
places of business within the City shall keep the sidewalk in front
of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw
or deposit or cause to be blown, scattered, spilled, thrown or placed
or otherwise dispose of any litter upon any street or other public
place within the City or upon private property. When any such material
or substances are thrown, blown, scattered or spilled from a vehicle,
the operator thereof shall be deemed prima facie to have committed
such offense.
No person shall drive or move any vehicle within the City unless
such vehicle is so constructed or loaded as to prevent any load, contents
or litter from being blown or deposited upon any street, alley or
other public place.
No person shall throw or deposit or cause to be blown, scattered,
spilled, thrown or placed or otherwise dispose of any litter in any
park or public open space within the City except in public receptacles
and in such a manner that the litter will be prevented from being
carried or deposited by the elements upon any part of the park or
public open space or upon any street or other public place. Where
public receptacles are not provided, all such litter shall be carried
away from the park or public open space by the person responsible
for its presence and property disposed of elsewhere as provided herein.
No person shall throw or deposit or cause to be blown, scattered,
spilled, thrown or placed or otherwise dispose of any litter into
Long Island Sound or any fountain, pond, lake, stream, bay or any
body of water in a park or public open space elsewhere within the
City.
No person in an aircraft shall throw out, drop or deposit within
the City any litter, handbill or any other object.
No person shall throw or deposit or cause to be blown, scattered,
spilled, thrown or placed or otherwise dispose of any litter, or illegally
dump, on any occupied private property within the City, whether owned
by such person or not, except that the owner or person in control
of private property may maintain private litter receptacles for collection
in such a manner that litter will be prevented from being carried
or deposited by the elements upon any street, sidewalk or other public
place or upon any private property.
The owner, resident or person in control of any private property
shall at all times maintain the premises free of litter, provided,
however, that this section shall not prohibit the storage of litter
in private litter receptacles for collection or for composting.
No person shall throw or deposit or cause to be blown, scattered,
spilled, thrown or placed or otherwise dispose of any litter on any
open or vacant private property within the City, whether owned by
such person or not.
A.
Notice to remove. The Health Officer is hereby authorized and empowered
to notify the owner of any open or vacant private property within
the City or the agent of such owner to properly dispose of litter
located on such owner's property which is dangerous to public
health, safety or welfare. Such notice shall be by registered mail,
addressed to said owner at his last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Subsection A above or within 15 days after the date of such notice in the event that the same is returned to the City because of the inability of the Post Office to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Health Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.
C.
Charge to be borne by owner. When the City has effected the removal
of such dangerous litter or has paid for its removal, the actual cost
thereof, plus accrued interest at the rate of 10% per annum from the
date of the completion of the work not paid by such owner prior thereto,
shall be charged to the owner of such property, and such charge may
be collected by the City as a debt against such owner.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the City.
No person shall throw or deposit or post any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereof, either a commercial or noncommercial
handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit or post any commercial or noncommercial
handbill in or upon any private premises which he or she knows, or
should know, are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises if requested by
anyone thereon not to do so or if there is placed on said premises
in a conspicuous position near the entrance thereof a sign bearing
the words. "No Trespassing," "No Peddlers or Agents," "No Advertisement"
or any similar notice indicating in any manner that the occupants
of said premises do not desire to receive handbills.
A.
Any person violating any of the littering provisions of this chapter shall be deemed guilty of an infraction and, upon a summons thereof, shall be fined in an amount established in accordance with § 90-4, Approval of rates and fees. Each day such an infraction is committed or permitted to continue shall constitute a separate offense. Each such violation shall constitute a separate offense and shall be punishable as such hereunder. When any litter is thrown, blown, scattered or spilled from a vehicle or aircraft, the operator thereof shall be deemed prima facie to have committed an offense. Where the distribution of handbills violates the provisions of this chapter, the originator, or advertised party, of the handbills may be deemed prima facie to have committed an offense.
[Amended 6-23-2009]
B.
Any person violating any of the illegal dumping provisions of this chapter shall be deemed guilty of an infraction and, upon a summons thereof, shall be fined in an amount established in accordance with § 90-4, Approval of rates and fees. Each day such an infraction is committed or permitted to continue shall constitute a separate offense. Each such violation shall constitute a separate offense and shall be punishable as such hereunder. Where the preponderance of inclusive materials, or other conclusive markings, identify the owner of the illegally dumped item(s), that owner may be deemed prima facie to have committed an offense.
[Amended 6-23-2009]
C.
Any activity which violates this chapter is considered to be a nuisance.
