[Adopted 6-8-2021 by Ord. No. 643[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
I, Litter Control, adopted 9-9-2008 by Ord. No. 558.
The Town Council finds that in order to create and maintain
a healthful and clean environment, it is necessary to implement a
litter control program that will serve to reduce litter and littering,
to collect and remove litter and to promote and maintain the environmental
quality of the Town of Wallingford and the public health and welfare
of its citizens.
As used in this article, the following terms shall have the
meanings indicated:
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 part thereof, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, newspapers, magazines, glass,
metal, plastic or paper containers or other packaging or construction
material which has not been deposited in a designated litter receptacle.
A receptacle suitable for the depositing of litter and designated
for such deposits.
Any individual, firm, partnership, association, corporation,
business or other legal entity of any kind.
Includes all streets, sidewalks, public ways and any public
lands open to the public for passive or active recreation, parks,
spaces, grounds, water resources, buildings or any property owned
or controlled by the Town of Wallingford or State of Connecticut.
A.
No person shall throw, scatter, spill, place or cause to be blown,
scattered, spilled, thrown or placed or otherwise dispose of any litter
upon any public property. This prohibition shall not apply when such
property has been designated for the disposal of garbage or refuse
or when such litter is deposited into a designated litter receptacle
in such manner that the litter will be prevented from being carried
away by the elements.
B.
No person shall throw or deposit litter on any private property within
the Town, except that the owner or person in control of private property
may maintain authorized private receptacles for collection in such
a manner that the 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.
C.
The owner or person in control of any private property shall control
litter on his property so as to keep it from being blown by the elements
upon the sidewalk, street or other private property. In the event
litter is blown from such property onto adjacent public or private
property, the owner or person in control of such property shall be
responsible for clearing the litter from such adjacent public or private
property.
D.
Persons who place their household garbage or household waste at curbside
in plastic bags or open containers shall be responsible for collecting
such garbage or waste upon its being scattered upon public or private
property as the result of the garbage or waste being released out
of the bag or container.
E.
Persons hauling trash shall be responsible for collecting any litter
spilled or scattered upon public or private property while in the
process of emptying any dumpsters or other containers of waste and/or
while in the process of picking up and hauling trash.
F.
No litter which consists of household garbage shall be left at curbside
for a period of more than 24 hours.
G.
It shall be a rebuttable presumption that litter which identifies
the address of a business or of a housing unit was thrown, scattered,
spilled or placed at the location where it was found by the occupant
of such business address or the resident of such housing unit.
H.
When any litter is thrown, blown, scattered or spilled from any vehicle,
the operator thereof shall be deemed prima facie to have committed
such offense.
I.
It is found that products, such as advertising circulars and free
sample newspapers and magazines, not solicited by the owner or resident
of the property to which delivered have a tendency to become litter
when not deposited in any receptacle or upon any porch on such property,
and, therefore, no person shall deliver such items to such property
by depositing the same at curbside or upon the lawn, driveway or sidewalk.
J.
No person shall sweep into or deposit in any gutter, street or other
public place within the Town 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 such
property free of litter.
K.
No person shall deposit litter which is generated from private residential
or commercial uses in a public receptacle.
Any person who violates § 139-3 shall be fined $100 for the first offense and $200 for the second and each additional offense. Each day such a violation is committed or permitted to continue shall constitute a separate offense.
A.
This Part 1 shall be enforced by the Police Department and any person
appointed and authorized by the Mayor.
B.
For violations of § 139-3, the enforcement official shall serve a written citation in person or by certified mail, return receipt requested. The citation shall state the violation and the amount of the fine. The citation shall also state that the person may contest the citation by filing an appeal with the Town Clerk within 10 days of the date of the citation; that if the person does not appeal, the person will be deemed to have admitted liability; that an assessment and judgment shall be entered against them; and that such judgment may issue without further notice.
D.
Enforcement under this Part 1 is not exclusive. Enforcement may be
through remedies available through other ordinances, statutes or by
way of court action. In addition to fines, the Town may seek recovery
of any costs associated with obtaining compliance with this Part 1.
A.
Any person cited for a violation of this article may appeal the citation
within 10 days of the date of service of the citation on a citation
appeals form available in the office of the Town Clerk, 45 South Main
Street, Wallingford, Connecticut.
B.
The Mayor shall appoint Citation Hearing Officer(s), other than an
employee of the Police Department or other department issuing the
citation, who shall serve until a successor is appointed.
C.
The hearing procedure shall be as set forth in § 7-152c
of the General Statutes.
A.
"Dumping" is defined in General Statutes § 22a-248(12),
as amended, and means to discard i) more than one cubic foot in volume
of litter at one time, or ii) furniture, garbage bags, or contents
thereof or other similar materials. Material which has been placed
at a location with an intent to leave it indefinitely at such location,
or material which has not been removed from a location within 45 days,
is deemed discarded.
"Dumping" also means to discard automobiles or automobile parts,
large appliances, tires, bulky waste, or other similar material. Dumping
includes placing a total volume of more than one cubic foot of private
residential or commercial waste in a public or private trash receptacle.
B.
Pursuant to C.G.S. § 22a-250 et seq., and as defined in
C.G.S. § 22a-248, no person shall dump any material upon
any public or private property within the Town not owned by such person
except when i) such property is designated by the state or Town for
dumping, and ii) such person is authorized to use such property. It
shall not be a defense under this subsection that the dumping occurred
with the permission of the property owner. The Town, upon complaint
or on its own initiative, may investigate any violation of this section.
C.
The fine for dumping under this section shall be as follows:
D.
If the Chief of Police or authorized enforcement official, after investigation, finds that there has been a violation of § 139-7, he or she may send a notice to the owner of the property where such violation has occurred by certified mail, return receipt requested, to the address of record for property tax purposes. Such notice shall include:
(1)
A reference to the law alleged to have been violated;
(2)
A short and plain statement of the matter asserted or charged;
(3)
A demand that such property owner remove any material dumped
in violation of this section to an approved solid waste facility by
a date certain;
(4)
A statement that such property owner has the right to a hearing
to contest the violation finding and the date, time and place for
the hearing. Such hearing shall be fixed for a date not later than
10 days after the notice is mailed. The hearing shall be completed
within 15 days after such hearing commences, and a decision shall
be rendered within 10 days of the completion of such hearing; and
(5)
The fine for each day the violation exists beyond the specified
date for removal.
E.
The Citation Hearing Officer shall hold a hearing upon the alleged violation unless such property owner fails to appear at the hearing. If such property owner fails to appear at the hearing or if, after the hearing, the Citation Hearing Officer finds that material has been dumped on such owner's property in violation of § 139-7, and that such material has not been removed to an approved solid waste facility, the Officer may order that the property owner remove such material to an approved solid waste facility within 30 days. The Citation Hearing Officer shall send a copy of any order issued by certified mail, return receipt requested, to such property owner. The person may appeal from an order of the Citation Hearing Officer under this article in accordance with the provisions of General Statutes § 8-8 as provided in § 22a-250(f)(3).
