[Ord. of 7-7-1987]
(a)
ALCOHOLIC LIQUOR
OPEN CONTAINER
PARKED VEHICLE
PARKING AREAS
POSSESSION WITH INTENT TO CONSUME
PUBLIC HIGHWAY
SIDEWALK
Definitions. As used in this section the following terms shall mean:
The same as defined in the Connecticut Liquor Control Act,
Section 30-1 of the General Statutes.
Any open bottle; any bottle which was sealed by a liquor
tax stamp, and which seal has been broken, whether or not stopped;
any can which has been opened in any way, or any glass, cup, jar,
or other vessel.
The same meaning as in G.S. 14-1.
Lots, areas or other accommodations for the parking of motor
vehicles off the street or highway and opened to public use with or
without charge as defined by G.S. 14-219a.
Possessing or in control of alcoholic liquor in a glass,
an open bottle, an open can, or other open container so as to permit
consumption.
Any state highway, or any other highway or road, open to
the general public.
Any walkway, open to the general public, adjacent to and/or
abutting any public highway.
(b)
Prohibited acts. No person shall possess with intent to consume any
open container of any alcoholic liquor upon or within the limits of
any public highways, roads, streets, sidewalks, or parking areas within
the town. Further, the possession of an opened container of alcoholic
liquor with the intent to consume, or consumption of alcoholic liquor
in motor vehicles parked on said premises shall also be deemed a violation
hereof.
(c)
Exceptions. Persons may possess alcoholic liquor with the intent
to consume and may consume alcoholic liquor during any public function,
festival, or celebration without violating this section; provided,
however, that the Chief of Police or his designee has first given
written authorization to permit the service or distribution of alcoholic
liquor at or in connection with such function, festival or celebration.
Such authorization may permit the possession or consumption of alcoholic
liquor on a continuing basis, provided that the Chief of Police or
his designees is satisfied that such activity will be supervised by
an agent or employee of the town.
[Ord. of 1-23-1996, §§ 1
— 3]
(a)
Prohibited. No person shall throw, scatter, spill, or place, or cause
to be blown, scattered, spilled, thrown, or placed, or otherwise depose
[dispose] of any litter upon any town property not designated for
the reception of refuse or upon any private property not owned by
him, or in wetlands or watercourses, or on any public highway, except
into a litter receptacle in such manner that the litter will be prevented
from being carried away or deposited by the elements upon any part
of such private or public waterway, public property, or highway.
(b)
Violation; offense. Any person who violates any provision of Subsection (a) of this section shall be deemed to have committed an infraction. When any such material or substances are thrown, blown, or scattered from a vehicle, the operator thereof shall be deemed prima facie to have committed such offense.
(c)
Interpretation. The definitions contained in G.S. 22a-248 shall be
used in the interpretation of this section.
[Ord. of 12-1-1998]
(a)
All conduct, activities, operations and practices conducted on property
located within the Town of Windham that have the tendency to, or do,
create conditions for the breeding or other generation of flies and
other insects so as to create a public nuisance are prohibited.
(b)
The Board of Selectmen is authorized to appoint the town sanitarian,
the town Health Director, or other proper official to carry out and
execute the provisions of this section.
(c)
When the appointed official or his designee finds a condition within
the Town of Windham that is causing a public nuisance by way of generating,
creating or otherwise generating concentrations [of] frequent or continuous
fly or insect infestations that affect residents living off the site
of the source, and within the Town of Windham, or that such a condition
is caused, in whole or in part, by any condition occurring on any
property within the town, he shall order the owner of the land, the
owner of the facility (if applicable) or the operator, or all of these,
to abate such conditions. In issuing the order, it [he] may also order,
upon a schedule, proper changes to the operations which contribute
to the nuisance. Failure by the ordered party to immediately comply
with such abatement order, and whatever schedule is ordered, shall
result in fines not exceeding $250 per day, which will be imposed
as long as either the condition(s) causing or contributing to the
nuisance continues. The fines may be imposed by the official issuing
the order, in his discretion, and he may recover such fines, if unpaid
as ordered, together with his costs of suit and reasonable attorney's
fees, by commencing a proper action in the superior court. He may
also enforce the provisions of his orders, in whole or in part, by
commencing a proper action in the superior court.
(d)
The official or his designee may make such investigations and studies
as he deems necessary or appropriate to reach his determinations.
(e)
When making determinations that a public nuisance exists, the official
may consider the following conditions to constitute per se grounds
for imposing fines, issuing orders or taking other reasonable, appropriate
actions:
(1)
Accumulating, stockpiling or failing to cover, properly contain or
properly treat manure, waste, refuse and animal carcasses in a manner
which creates or is likely to create breeding of insects or create
insect larvae infestation or growth;
(2)
Failing to timely and responsibly use proper pesticides or feed additives
to prevent the infestation or growth of larvae according to prevailing
farm management practices and applicable statutes and laws;
(3)
Failing to maintain proper conditions and/or failure to make necessary
structural changes anywhere on the premises, including in or out of
any structures, so as to prevent manure, refuse or waste from becoming
or remaining moist, wet or damp in such a manner that insects or flies
may breed or larvae may generate.
(f)
In addition to the foregoing, the official may order the respondent
to take the following action and steps, together with other steps
the official believes will prevent or diminish any further outbreaks
and remedy the offending condition:
(1)
Order the immediate or scheduled removal or drying, or both, of manure,
refuse or waste which is accumulated on or about the property; and
may order a schedule for regular schedule for whatever period such
official believes to be prudent;
(2)
Order that the respondent seal or enclose areas, structures, containers,
transport or other vehicles containing any manure, waste, or refuse,
including covering manure in a manner to destroy insect larvae, and
order that the respondent provide traps or other catching devices
on or off the property to reduce the effects of the nuisance;
(3)
Order that the respondent substitute feed, pesticide or other products
being used so as to improve the prevention of larvae origination and
growth;
(4)
Order such other reasonable and appropriate steps to reduce and/or
eliminate the nuisance.
(g)
The officials shall be guided by, but not limited to, state statutes
and regulations applicable to the operations, practices, conduct and
the industry involved in the determined public nuisance; furthermore,
such official, in performing any inspections on-site, shall make good
faith efforts to comply with the recommended state and federal procedures
for performing inspections.
