[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-7-1970, approved
8-26-1970; amended 10-15-1985,
approved 12-6-1985; 10-15-2013, approved 12-30-2013 (Art. 86 of the 2011 General By-Laws)]
A.Â
No person shall throw, place, dump, abandon, leave or otherwise cause
to be deposited any litter, trash, junk, debris, yard waste or other
material on or upon any sidewalk or street that is available for use
by members of the public, or on or upon any public property, or on
or upon any private property without the permission of the owner of
the same. Any person who violates this prohibition shall be responsible
for removing the offending litter, trash, junk, debris, yard waste
or other material, and each day in which such removal does not occur
shall be considered a separate and additional violation of this section.
B.Â
This prohibition shall not apply to any trash container, recycling
container, yard waste container or bulky item that is left to be picked
up by refuse-removal personnel in accordance with the schedule and
procedures that are provided by the Department of Public Works.
C.Â
Each violation of this section shall be punished by a fine of $100.
No person, other than the owner or person lawfully in control
of any premises, or any authorized employee of the Town or authorized
employee of a person licensed by the Town for collection or removal
of trash, recycling or yard waste shall interfere in any manner with
the container used for the accumulation of trash, recycling or yard
waste or remove any such container from the location where it shall
have been placed by the owner or person lawfully in control of the
premises; nor shall any such person remove the contents from any such
container; or set fire to said contents or interfere in any way with
said container. Whoever is in violation of any provisions of this
section shall be fined $50 for each offense.
A.Â
Every owner of a parcel of land that abuts upon a sidewalk that is
available for use by members of the public shall be responsible for
ensuring that said sidewalk remains free of all litter, trash, junk,
debris, yard waste and other obstructions that could interfere with
the safe and convenient use of said sidewalk by any member of the
public. Said owner shall remove any such obstruction within one day
of it appearing upon said sidewalk, or upon demand by any Town official,
whichever is sooner; provided, that said owner need not remove any
such obstruction that is deposited upon said sidewalk by storm, flooding
or other inclement weather until after said inclement weather has
subsided.
B.Â
This requirement shall not apply to any trash container, recycling
container, yard waste container or bulky item that is left to be picked
up by refuse-removal personnel in accordance with the schedule and
procedures that are provided by the Department of Public Works.
C.Â
Each violation of this section shall be punished by a fine of $100.
Each day of a continuing violation shall be considered a separate
violation.
[Adopted 1-15-1991, approved
3-22-1991 (Art. 84 of the 2011 General By-Laws)]
There is hereby established in the town a program for the separation
of recyclable material from rubbish, refuse and garbage with the goal
of providing for the mandatory separation of recyclable material.
The recycling program shall be under the control of and shall
be the responsibility of the Board of Public Works.
[Amended 6-7-2011, approved
9-15-2011]
The Board of Public Works shall have the responsibility for
the implementation of the recycling program and shall have the following
powers and duties:
A.Â
It shall meet with any recycling committees of the Town that are
in existence or may be formed through actions of the Select Board,
the Moderator or the Town Meeting.
B.Â
It shall consult and cooperate with any Regional Refuse District
of which the Town is a member.
C.Â
It shall promulgate reasonable rules and regulations for the implementation
of a recycling program for commercial and residential users with a
goal toward a mandatory recycling program for both commercial and
residential users throughout the Town.
D.Â
The Board of Public Works shall have the authority to operate a Recycling
Program or enter into contract for the services.
From time to time the Board of Public Works shall sponsor articles
for the Town Meeting Warrant with the goal of implementing a mandatory
recycling program seeking any further power and authority that may
be necessary and any appropriation that may be required for the carrying
out of that goal.